Ka Mate, Ka Ora Rānei? Oranga Tamariki Act Not Enough to Address Māori Overrepresentation in State Custody and Out of Home Placements - A Way Forward Through Crown-Māori Partnership

Abstract

This paper is a statutory note. It aims to critically analyse some of the incoming amendments to the Oranga Tamariki Act 1989. Those amendments were enacted in 2017 with one of the objectives being to improve Māori overrepresentation generally in both state care and youth justice in New Zealand. This paper focuses on two amending provisions and asserts that those provisions are insufficient in achieving this purpose. This paper then asserts how these amending provisions can be improved and thereby utilised in practice to reduce Māori overrepresentation and harm to whānau Māori, specifically within the context of state custody and out of home placements. This paper concludes the law should be revised and improved. Also, that it should thereby be used to devolve power to allow Māori to provide services and make decisions as they are best placed to do so, whilst maintaining some Crown responsibility based on the principle of partnership. This will do better to achieve the reduction of tamariki Māori in state custody and out of home placements. Ina pērā, kāhore e kore kua ora pai te iwi Māori ki tua o ākengokengo. Nō reira, ki te hoe!

Keywords: Family Law, Treaty of Waitangi, Oranga Tamariki, State Custody, Child Placement

JEL Classification: K00