Questions on non-discrimination - Children’s Convention from the United Nations

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Please provide information on the measures taken to:

Question 9(a)

  1. Decrease the gap in access to education and health care and protection services and to a minimum standard of living for Maori and Pasifika children and children with disabilities;

Reply to 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.

Question 9(b)

  1. Combat negative attitudes towards children in vulnerable situations, in particular Maori and Pasifika children, children belonging to ethnic minority groups, asylum-seeking, refugee and migrant children, children with disabilities, lesbian, bisexual, gay, transgender and intersex children and children living with persons belonging to those groups, including any affirmative action taken;

Reply to 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.

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.

Read National Care Standards

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

Question 9(c)

  1. Address cases of discrimination against children by applying disciplinary, administrative or penal sanctions, where appropriate.

Reply to 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.

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Footnote

  1. Kaupapa: principles and ideas which act as a base or foundation for action. Return to text
  2. 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
  3. Mana: a person’s intrinstic and spritual authority to influence others, and standing. Return to text