Supplementary Order Paper No 333

No 333

House of Representatives

Supplementary Order Paper

Wednesday, 5 July 2017

Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill

Proposed amendments

Louisa Wall, in Committee, to move the following amendments:

Clause 6

In clause 6, new section 4(1)(e), replace subparagraph (i) (page 16, line 3) with:

(i)

a safe, stable, and loving home from the earliest opportunity, giving preference to placement with a member of the child’s or young person’s family, whānau, hapū, iwi, or family group; and

Clause 8

In clause 8, new section 5(1)(b)(iv), replace “recognising” (page 19, line 30) with “identifying”.

In clause 8, new section 5(1)(c)(iv), delete “wherever possible,” (page 20, line 32).

In clause 8, new section 5(1)(c)(v), delete “wherever possible,” (page 20, line 35).

In clause 8, new section 5(1)(d)(ii), delete “, where practicable,” (page 21, line 12).

Clause 13

In clause 13, new section 13(2), replace paragraph (e) (page 28, lines 14 to 23) with:

(e)

assistance and support should be provided to assist families, whanau, hapū, iwi, and family groups where—

(i)

there is a risk that a child or young person may be removed from their care; and

(ii)

in other circumstances where the child or young person is, or is likely to be, in need of care and protection:

In clause 13, new section 13(2)(f)(ii), replace “required:” (page 28. line 31) with “required; and”.

In clause 13, new section 13(2)(f), after subparagraph (ii) (page 28, after line 31), insert:

(iii)

identify alternative care arrangements within the child’s or young person’s family, whanau, hapū, iwi or family group:

In clause 13, new section 13(2)(i)(iii)(D), delete “where practicable,” (page 29, line 16).

Explanatory note

This Supplementary Order Paper amends the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill to ensure that the relevance of family, whanau, hapū, iwi, and family group and the importance of keeping siblings together is applied in circumstances where a child or young person is deemed to be in need of care and protection.

While the purposes in clause 6, new section 4, are to promote the well-being of children, young persons, and their families, whanau, hapū, iwi, and family groups, new section 4(1)(e) does not specifically refer to whanau, hapū, and iwi in circumstances where matters of placement and future connection are paramount. Through the relevant clauses in new sections 4(1)(e), 5(1)(c), 5(1)(d), 13(2)(e), 13(2)(f), and 13(2)(i), there needs to be a clear indication that support and assistance for family, whanau, hapū, iwi, and family groups and recognition of their relationship with the child and young person and with their siblings is not at risk of being undermined once removal is likely or the child or young person is in care and protection.

This Supplementary Order Paper ensures that there is consistency in all aspects of decision making under the Bill in respect of the relevance and application of the role of and connection with family, whanau, hapū, iwi, and family groups.

Clauses 8 and 13 contain principles that are to guide decisions and action taken under the Bill. To that end, limitations such as “wherever possible” and “where practicable” are inappropriate within principle clauses that should be aspirational, and the use of these limiting words provides the opportunity to excuse actions or decisions that are not directed at the identified overarching principles that should be achievable and fundamental to operations and activities under the Bill. As the Bill identifies keeping siblings together as an objective, it is not appropriate to diminish that objective by using the words “where practicable”.

The amendment to clause 8, new section 5(1)(b)(iv), replacing “recognising” with “identifying”, is to ensure that emphasising the specific relevance of whakapapa to a child or young person deemed to be in need of care and protection will ensure that a cultural assessment is undertaken that identifies the family, whanau, hapū, iwi, and family group and the importance of their relationships with the child or young person and their specific roles in administering their whanaungatanga responsibilities. It ensures that there is consistency in all aspects of decision making under the Bill in respect of the relevance and application of the role of and connection with family, whanau, hapū, iwi, and family group.