primary role of whānau, hapū and iwi in the care of the children69. This led to the
Māori Women’s Welfare League filing a claim in the Waitangi Tribunal that the
reforms breach the Treaty of Waitangi70.
89.
In addition, the reforms have introduced provisions that are designed to enable
government agencies to share personal information of children and their families in
order to undertake predictive risk modelling procedures71. The purported purpose of
predictive risk modelling is to enable more accurate targeting of resources at specific
vulnerable children and families. However, predictive risk modelling also risks
discriminating against vulnerable groups and may have particular implications for
Māori children and whānau in this respect.
90.
The Government has announced the development of a Privacy, Human Rights and
Ethics Framework to address these concerns. The Committee on the Rights of the
Child (CRC) addressed the issue in their 2016 Concluding Observations on New
Zealand and recommended that the Government ensure “that that the Privacy,
Human Rights and Ethics framework governing predictive risk modelling takes in
consideration the potentially discriminatory impacts of this practice, is made public
and is referenced in all relevant legislation”.72 However, despite the CRCs
recommendation, the Government is yet to make the framework publicly available
and did not include reference to it in the legislative reforms it subsequently
introduced in 2017.
91.
Recommendation 10: That the Committee urges the Government to:
(a) Initiate an independent inquiry into the abuse of people held in State care in
order to identify the systemic issues that permitted this to occur and the
broader impact of these events on Māori communities;
(b) Publicly apologise to those who were affected, including those who were
abused, their families and whānau.
(c) Take other appropriate steps to acknowledge the harm that has been caused
to the victims and to provide them with appropriate redress and
rehabilitation; and
(d) Take necessary steps to ensure that similar events do not happen again.
69
Children Young Persons and their Families Act 1989 s 13(2)(b)-(c)
Statement of Claim dated 2 December 2016; accessed http://img.scoop.co.nz/media/pdfs/1612/CCF04122016.pdf
71
Children, Young Persons and their Families (Oranga Tamariki) Amendment Bill 2017, clause 38
72
UN Committee on the Rights of the Child, Concluding Observations on the Fifth Periodic Report of New Zealand,
CRC/C/NZL/CO/5, 30 September 2016, para 20(b)
70
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