General Principles - UNCROC - Sixth Periodic Report by the Government of New Zealand 2021
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Reply to Non-discrimination - 9(a)
The Government is currently undertaking substantial work to improve access to education, healthcare and protection for these groups.
Tamariki Māori
Oranga Tamariki has obligations under section 7AA of the OTA to ensure that its policies, practices, and services support and improve outcomes for tamariki and whānau Māori. A range of services have been developed since Oranga Tamariki was established to support how it works with Māori. Examples include:
- Whānau Care – a kaupapa-Māori [1] model that focuses on developing partnerships to build the capacity and capability of iwi and Māori organisations to develop their own models of care and become accredited care providers under section 396 of the OTA.
- Iwi and Māori-led Family Group Conference (FGC) co-ordinators: Oranga Tamariki has strengthened its existing practice for FGCs with some now being led by iwi and Māori organisations. With these conferences, Oranga Tamariki makes the referral, provides information, and resources the FGC plan, with engagement, facilitation, family support and plan development being entirely Māori-led.
Ka Hikitia – Ka Hāpaitia is a cross-agency Māori strategy for the education system. The vision is: Māori enjoying and achieving education success as they develop the skills to participate in te ao Māori (the Māori world), Aotearoa (wider New Zealand society) and the world.
TPK also promotes Māori culture, including te reo Māori (Māori language), within the education sector. Established tailored investments, such as Pae Aronui are aimed at improving education, training and employment outcomes for Māori 15-24-year olds that are not in education, employment or training (NEET) or are at risk of becoming NEET (at key transition points). Other investments include a Cadetships Programme to develop rangatahi (young persons) to full time employment, and Taiohi Ararau – Passport to Life which helps young Māori acquire essential documents like a driver’s license and IRD number.
Whakamaua: Māori Health Action Plan 2020-2025 (Whakamaua) is the implementation plan for He Korowai Oranga, New Zealand’s Māori Health Strategy. Whakamaua outlines the action to “complete and implement the redesign of the Well Child Tamariki Ora programme to ensure equitable access to the programme and improved outcomes for tamariki and whānau Māori”.
For disabled tamariki Māori, Whaia te Ao Marama: the Māori Disability Action Plan 2018-2022 lays out actions that will be taken to ensure they are receiving the support they need.
Pacific children
The Action Plan for Pacific Education outlines key shifts needed to support Pacific learners to access education and actions to make this happen. One of the key shifts in the Action Plan is to “confront systemic racism and discrimination in education” and this acknowledges that the privileging of dominant ways of thinking, teaching and learning creates barriers for Pacific learners. One of the areas of action relates to the accessibility of learning support interventions for Pacific learners.
Ola Manuia Pacific Health and Wellbeing Action Plan 2020-2025 sets out priority outcomes and accompanying actions for the next five years to improve the health and wellbeing of the growing Pacific population living in New Zealand.
The Ministry for Pacific Peoples (MPP) funds a range of services to support Pasifika children, including:
- Tupu Aotearoa, which supports NEET young people aged 15 and older into sustainable employment and training opportunities
- Kau Tuli, MPP’s youth advisory group which is comprised of aspiring young Pacific leaders from around New Zealand
- Toloa, which is a programme designed to encourage Pacific students to pursue studies in Science Technology Engineering Mathematics (STEM) subjects, with the aim of increasing the number of Pacific peoples employed in STEM careers.
Faiva Ora National Pasifika Disability Plan 2016–2021 sets out priority outcomes and actions to support and improve the lives of Pacific disabled people of all ages (including children) and their families.
Children with disabilities
The Disability Action Plan 2019–2023 (Action Plan) is the Government’s vehicle for implementing the New Zealand Disability Strategy 2016–2026. The Action Plan is a package of comprehensive government work programmes that will progress the eight outcomes in the Disability Strategy: education, employment and economic security, health and wellbeing, rights protection and justice, accessibility, attitudes, choice and control, and leadership.
The Education and Training Act 2020 clarifies that children with special education needs, whether because of disability or otherwise, have a right to attend school fulltime.
The Learning Support Action Plan 2019-2025 aims to ensure that children and young people get the right support at the right time. This has been accompanied by learning support Budget increases in 2018, 2019 and 2020.
To further improve the standard of living for disabled children in the education sector, a review is being undertaken by MOT regarding the requirements for urban buses in New Zealand. This is aimed at standardising and improving the usability and accessibility of urban buses for people with physical, sensory and cognitive impairments, including enabling parents and carers to transport children with a disability to local amenities.
Ongoing child poverty statistics from the 2019/20 Household Economic Survey will be able to be disaggregated by children with disabilities and children who live in households affected by disability to monitor the living standards of these two groups of children.
Reply to Non-discrimination - 9(b)
Tamariki Māori and whānau
Given tamariki Māori make up nearly two-thirds of those in State care, section 7AA of the OTA recognises that a different approach is required to respond to the needs of tamariki Māori.
- Read Proactive release of Transforming our Response to Children and Young People at Risk of Harm: Paper Two: Improving Outcomes for Māori
- Read Proactive release of Transforming our Response to Children and Young People at Risk of Harm: Overview
In E Tū Whānau, whānau and families are enabled to make the changes needed to create a different future for themselves and their tamariki by identifying and developing locally-led solutions and initiatives that meet the diverse needs of their own communities. This kaupapa has also been enthusiastically embraced by former refugee and migrant communities, who resonate with E Tū Whānau’s core values, and its strength-based and indigenous approaches.
Pacific children
Oranga Tamariki have a Pacific Strategy which demonstrates a real commitment to meeting the needs and helping Pacific children, young people and their families thrive within their cultural context. The strategy identifies five focus areas that align with the organisation’s key priorities - loving places, quality practice, strategic partnerships, early prevention, and public trust. It is underpinned by six principles that reflect the Pacific worldview: the child’s best interest, love and safety, respect, reciprocity, faith and family, and collective responsibility.
Oranga Tamariki have also developed products and services to support Pacific families:
- Va'aifetū (guardians and guardianship of stars) a cultural-practice tool that informs practice design, review, and workforce support to best serve the needs of Pacific children and their families
- Talanoa Mai, an App designed to increase cultural confidence, knowledge and capability in working with Pacific children, young people, their families and communities.
Children belonging to ethnic minority groups, asylum-seeking, refugee and migrant children
New Zealand does not have a programme in relation to public attitudes that specifically concerns children of this group. However, Immigration New Zealand, leads the Welcoming Communities initiative in partnership with the Office of Ethnic Communities and Human Rights Commission. The objective of this community-focussed programme is to make newcomers – including children – feel welcome and better able to participate in community economic, civic, cultural and social life.
MoJ is leading the development of a National Action Plan Against Racism to target and eliminate racism in Aotearoa New Zealand. It will be a plan for all New Zealanders but will include specific actions for the Government to reduce racism. This work is still at an early stage and no decisions have been made about approach or timeframes.
Children with disabilities
Oranga Tamariki have obligations to under the OTA and the NCS to ensure disabled children have their needs met and rights upheld, including not experiencing discrimination. In the principles of the OTA, Oranga Tamariki and the court must give effect the UNCRPD for children and young people with disabilities when acting under the Act. This is to ensure the disabled children have equal rights under the law.
Sexual orientation, gender identity and expression, and sex characteristic (SOGIESC) diverse children
Oranga Tamariki also has specific obligations towards the sexual orientation, gender identity and expression, and sex characteristic diverse population with whom it has contact. Amendments made to the OTA and the NCS in 2019 require Oranga Tamariki to:
- meet the needs of children and young people that relate to their gender identity and sexual orientation
- identify and include gender identity and sexual orientation as part of each child or young person’s needs assessment
- give support to the child or young person to address their identity and cultural needs, whilst considering their cultural safety [2]
- ensure support to address cultural and identity needs promotes mana [3]
- for young adults transitioning from care, support them to manage matters relating to these needs, including sexual and reproductive health care.
From 2021, the Government will provide targeted nationwide funding to services that provide mental health support to Rainbow young people. The announcement fulfils an election commitment to allocate $4 million specifically targeted to Rainbow mental wellbeing initiatives aimed at young people.
Read the press release: First ever nationwide funding of mental health services for Rainbow young
Reply to Non-discrimination - 9(c)
The two primary rights Acts in New Zealand are the New Zealand Bill of Rights Act 1990 (BORA) and Human Rights Act 1993 (HRA). While both prohibit discrimination based on age, this is limited to age from 16 years and above. Cases of discrimination against children in New Zealand must be raised through the Office of the Children’s Commissioner. The Children’s Commissioner can investigate the complaint in that child’s personal capacity.
Reply to Best interests of the child - 10(a) and 10(b)
The Education and Training Act 2020 has explicit requirements for the best interests or needs of children to be taken into account at the individual level (for example when considering exemptions from enrolment) and at a system level (for example when considering approvals for early childhood licensing applications).
Principles relating to the welfare and best interests of the child are explicitly set out in section 5 of the Care of Children Act, and in sections 4A, 5 and 13 of the OTA, including matters such as safety and identity. The Court has applied the paramountcy principle under other pieces of legislation (for example the Adoption Act 1955) by imposing the Convention principles to domestic legislation (despite the fact the principle is not reflected in the primary legislation). Previous case law is also used to inform decision-making, resulting in reasonably consistent use.
Section 4A of the OTA sets out the wellbeing and best interests of a child or young person as the first and paramount consideration in the application of most of the Act. The best interests of the child are considered primary (but not paramount) in youth justice matters, along with other primary considerations including public safety, the interests of victims, and accountability for behaviour. This change recognises the vulnerability of young people within the youth justice system, with its principles supporting decision making.
The Family Court Act 1980 explicitly requires a Lawyer for Child to act for that child/young person in proceedings in a way that promotes their welfare and best interests. [4] A lawyer for the child must adhere to a set of requirements, which include that they should have a minimum of five years specialist experience and sound knowledge of core family law statutes. They must also undertake professional development in the family law space. There is no specific guidance on how they should determine and weight the child’s best interests – this is decided by the Court.
Read about Lawyer for the child
The New Zealand Courts do not provide specified guidance on how to interpret the law. Judges make informed decisions using legislation and previous case law as guidance.
Reply to Right to life - 11
The Government launched Every Life Matters – He Tapu te Oranga o ia Tangata: Suicide Prevention Strategy 2019–2029 and Suicide Prevention Action Plan 2019–2024 in 2019, which outlines a clear vision and specific actions for preventing suicide in New Zealand.
To support children’s mental health, MOH provides a free nationwide counselling line available for 5–19 year olds. MOE is working closely with the newly established Suicide Prevention Office to promote wellbeing and provide supports for children and young people experiencing suicidal distress within their places of learning. MOE is updating resources that guide best postvention practices in schools, and supporting schools after a suicide, through their traumatic incident teams, to maintain positive learning environments.
TPK also established the Rangatahi Suicide Prevention Fund to support a range of community initiatives contributing to improving rangatahi wellbeing and reducing the likelihood of rangatahi (youth) Māori suicide.
While a permanent Mental Health Commission is being established, the Initial Mental Health and Wellbeing Commission (the Initial Commission) has been established under section 11 of the New Zealand Public Health and Disability Act 2000. The Initial Commission is developing an outcomes framework which includes considering how other strategies such as the CYWS measure and track wellbeing outcomes.
Reply to Respect for the views of the child - 12(a)
Recent legislative reforms include:
- OTA
- those working with children are required to ensure that children and young people are encouraged and assisted to participate in proceedings and processes of relevance and are given opportunities to express their views on matters that may affect them.
- section 11 was amended to provide greater child participation. If a child or young person has difficulties in expressing their views or being understood (for example, because of their age or language, or because of a disability), support must be provided to assist them to express their views and to be understood; and any views that the child or young person expresses (either directly or through a representative) must be considered.
- insertion of a new, separate principle of participation for children and young people.
- COCA
- section 5(a) was amended in 2019 to state a child’s safety must be protected and, in particular, a child must be protected from all forms of violence (as defined in sections 9(2), 10, and 11 of the Family Violence Act 2018) from all persons, including members of the child’s family, family group, whānau, hapū, and iwi .
- Family Court Matters Legislation Bill was passed in 2020.
- Family Court (Supporting Children in Court) Legislation Bill –provided express reference to the Convention and amended the COCA and the Family Dispute Resolution Act 2013 to establish children’s participation as a guiding principle. It also requires a lawyer to explain the court proceedings process in an ongoing way that is understood by the particular child.
- Practice Note for Lawyer for Child acting under the COCA and the OTA - establishes appointment criteria for the child’s lawyer to ensure that they are suitably qualified to represent a child based on their personality, cultural background, training, and experience. Lawyers are to be guided by the Convention.
Reply to Respect for the views of the child - 12(b)
In 2017, Oranga Tamariki created the Tamariki Advocate, Deputy Chief Executive Voices of Children role to ensure the voices and interests of tamariki and rangatahi were at the centre of the work of the new organisation. This role has now evolved to include the voices and interests of whānau and communities and the organisations approach to partnering with iwi and Māori. This executive role is a first within government and ensures these voices and interests are heard and advocated for at the very highest level of the system.
The Voices of Children and Young People Team within Oranga Tamariki reports to the Tamariki Advocate and ensures that the voices of tamariki and rangatahi with care experience are systematically captured and are able to influence policy, practice, service and system thinking across the organisation.
The Oranga Tamariki Youth Advisory Group was established in November 2018. It comprises up to ten rangatahi, aged between 18-24 years, who have experience of the care and protection and/or youth justice systems. The Youth Advisory Group’s primary relationship is with the chief executive. This group provides care experienced perspectives and contributions on the design and implementation of the Ministry’s policies, practices and services.
VOYCE - Whakarongo Mai (VOYCE) was established in partnership between philanthropy, care-experienced rangatahi, the NGO sector and government in 2017. It is an independent, non-government organisation that provides advocacy and connection services for tamariki and rangatahi with care experience. Oranga Tamariki oversees government funding to VOYCE through a non-departmental appropriation, with funding also received from philanthropic organisations. One of its five guiding pou (pillars) is whakatairanga – to promote the collective voice of tamariki and rangatahi in national policy development of the care system.
MYD partnered in 2019 with a creative agency and 15 young people to develop a platform which would support young people to have their voice heard during policy consultation processes. The collaboration resulted in the development of The Hive, an online approach to engagement. The 15 young people involved in the project use social media, video and blogs to describe policy initiatives in ways that other young people will understand and relate to. They also developed the submission questions and enabled a more accessible and creative submissions process.
TPK developed a Whānau-Centred Policy Tool for government agency policy development, design, service delivery and contracting practices. The focus of this work is to assist other government agencies to be more effective in improving outcomes for Māori. A cornerstone of this tool is to encourage agencies to engage with whānau at all stages of the policy process, including tamariki Māori where they are impacted.
Footnotes
- Kaupapa: principles and ideas which act as a base or foundation for action. Return to text
- Defined as: protection from any action that diminishes, demeans, or disempowers the cultural identity or well-being of an individual, including their diminishes, demeans, or disempowers the cultural identity or well-being of an individual, including their sexual orientation or gender identity. Return to text
- Mana: a person’s intrinstic and spritual authority to influence others, and standing. Return to text
- Section 9B, Family Court Act 1980. Return to text
