69. Māori have long recognised the adverse impact that alcohol (waipiro) has on their people. In a petition to the House of Representatives in 1874, seeking redress for the destruction caused by the introduction of alcohol, this example was cited, “Our children are not born healthy because the parents drink to excess and the child suffers.14” 70. Since 1 July 2019, significant duties are imposed on the Chief Executive of Oranga Tamariki (new section 7AA) to provide a practical commitment to the Tiriti o Waitangi. This new provision will require a focussed effort by the Agency on the needs of Māori with FASD. The recent report of the Māori Inquiry into Oranga Tamariki stressed the need for whānau-centred, Kaupapa Māori aligned and mātauranga Māori informed approaches.15 In recommending a way forward, that report noted that:16 The ultimate vision of what whānau want are comprehensive, wrap-around ‘by Māori, with Māori, for Māori’ services that are designed from the true lived experiences of whānau, and which offer long-term solutions for all tamariki and their whānau to flourish. 71. The recently released Review of the Health and Disability System had a key theme of “Developing more effective Tiriti based partnerships within health and disability and creating a system that works more effectively for Māori. 72. Te Puni Kōkiri note in its feedback on this report that it understands Māori face a higher risk of FASD and support the implementation of the 2016-19 FASD Action Plan as a matter of considerable importance and urgency. International Obligations 73. A range of international human rights conventions and declarations New Zealand has signed up to are relevant to FASD: • • • • • • Universal Declaration of Human Rights (UDHR) Convention on the Rights of Persons with Disabilities (CRPD) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) International Covenant on Economic, Social and Cultural Rights (ICESCR) Convention on the Rights of the Child (CRC) UN Declaration on the Rights of Indigenous Persons 74. The UDHR (Article 1) provides that all human beings are born free and equal in dignity and rights. This promise is unfulfilled when the life that follows, in this case a person with FASD, is not sufficiently supported to enjoy the same rights as others. 75. When the State distinguishes between impairment types in relation to who can obtain necessary support, without reference to the impact of that impairment on the person’s life, the State is potentially discriminating against certain groups of people – in this case those living with FASD. This contravenes New Zealand’s obligations under Article 5 of the CRPD – which promotes equality and non-discrimination. 14 Petition of Haimona Te Aoterangi & 167 others to the New Zealand House of Representative 1874. Whānau Ora Commissioning Agency, (2020), Ko Te Wā Whakawhiti, It’s Time for Change: A Māori Inquiry into Oranga Tamariki – Report. https://whanauora.nz/maori-inquiry/ 16 Ibid., at 68. 15 10