(a) Details on the current progress in developing a strategy and action plan to reduce family and
sexual violence, including information on aspects of the strategy and action plan that
specifically regard children and young people.
(b) In light of the 2018 concerns of the CEDAW Committee, any information regarding the
development of a single integrated data source on family and sexual violence, disaggregated
by age, ethnicity, disability status, and other indicia.
F.
Family environment and alternative care
Inquiries into the state care system
58.
The passage into law of the extensive reforms to New Zealand’s child protection legislation brought
about by the Oranga Tamariki Act has been accompanied by a number of formal inquiries into
historic and current failings of New Zealand’s state care and protection system.
59.
This includes a Royal Commission of Inquiry into Abuse in Care, which is inquiring into abuse in state
care experienced by children and vulnerable adults between 1950 and 1999. The Terms of
Reference for the Royal Commission note relevant observations made by United Nations human
rights treaty bodies67 and provide that the Royal Commission may also inquire into “current
frameworks to prevent and respond to abuse in care; and any changes to legislation, policies, rules,
standards, and practices, including oversight mechanisms, that will protect children, young persons,
and vulnerable adults in the future.”68
60.
In parallel, the findings of Ko Te Wā Whakawhiti, A Māori Inquiry into Oranga Tamariki were
released in February 2020.69 The Inquiry identified three action points, with several
recommendations under each point. The action points include strengthened, specific support
services for whānau Māori (Māori families) who come into contact with Oranga Tamariki; a
structural analysis and review of Oranga Tamariki’s systems, policies, processes and practices; and
establishing a “By Māori - For Māori, with Māori” funding authority with responsibility for fostering
service delivery, workforce development and sustained financial and research investment.70
61.
Furthermore, both the Children’s Commissioner and the Ombudsman are undertaking reviews of
current practices regarding pēpē Māori (infant Māori aged 0-3 months). The Children’s
Commissioner’s review is focused on what reforms are required to support pēpē Māori to remain
in the care of their whānau in situations where a statutory care and protection intervention occurs.71
This is complemented by a systemic investigation by the Ombudsman into uplifts of newborns into
state care via interim urgent custody orders under the Oranga Tamariki Act.72 These reviews were
67
Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions Order
2018, Schedule, Preamble
68
Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions Order
2018, Schedule at 10.6
69
See footnote 29 to paragraph 29 above
70
Ko Te Wā Whakawhiti, It’s Time For Change - A Māori Inquiry into Oranga Tamariki – Report, Whānau Ora
Commissioning Agency, 2020, https://whanauora.nz/assets/6f126cc001/ORANGA-TAMARIKI-REVIEW-REPORT.pdf, p
69-72
71
https://www.occ.org.nz/publications/news/scope-of-review-into-oranga-tamarikis-care-and-protection-practicefor-tamariki-maori-announced/
72
Office of the Ombudsman, Systemic Improvement Investigation: Oranga Tamariki – newborn removal
https://www.ombudsman.parliament.nz/sites/default/files/2019-11/orangatamarikinewbornremovalinvestigationtermsofreference_0.pdf
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