(a) Details regarding the government’s response to (and implementation of):
i.
the recommendations of Ko Te Wā Whakawhiti, A Māori Inquiry into Oranga Tamariki;
ii.
the findings of the systemic investigation by the Ombudsman into removals of
newborns by Oranga Tamariki;
iii.
the findings of the Children’s Commissioner’s review of Oranga Tamariki’s care and
protection practices for pēpē Māori;
iv.
if applicable, any recommendations of the Royal Commission of Inquiry into Abuse in
Care regarding current frameworks to prevent and respond to abuse in care.
(b) Information regarding the full range of support services funded and made available by Oranga
Tamariki for disabled children and disabled parents subject to its jurisdiction.
(c) Information regarding the levels of carer support and respite care for parents of children with
disabilities, including funding measures to ensure ongoing, equitable provision of communitybased services.
(d) An explanation of the government’s position on amending the provisions of the Adoption Act
1955 and Adult Adoption Information Act 1985 declared by the Human Rights Review Tribunal
to be discriminatory in Adoption Action v Attorney-General [2016] NZHRRT 9.
G.
Disability, health and welfare
Disability policy and children
67.
The New Zealand Disability Strategy 2016-2026 constitutes the government’s central policy
platform for the disability sector. The Convention on the Rights of Persons with Disabilities (CRPD)
provides the foundation for the Strategy. The New Zealand Court of Appeal has reinforced this
connection, holding that government agencies must take into account their obligations deriving
from the CPRD and reinforced by the Strategy.81 We note also that in 2017 the New Zealand
government ratified the Optional Protocol to the CRPD establishing a communications procedure.
68.
The Strategy, its outcomes framework, and the associated Disability Action Plan 2019-2023 do not
have a specific focus on children or other population groups. Rather, they cover sector areas, such
as education, health and justice; principles, such as accessibility, choice and control; and societal
factors, such as leadership and attitudes.82 Further, as referred to above,83 the Children’s Act and
Oranga Tamariki Act reforms have elevated consideration of disabled children’s rights within the
child welfare sector and are intended to address the current levels of disparity that are evident
across a range of sectors.
69.
The government recently announced legislative amendments to the Ministry of Health’s funded
family care policy that funds home-based care by disabled people’s family members. The
amendments extend funding coverage to include funding for care of children under the age of 18
and lower the minimum age of a family carer eligible to receive funding to 16.84 The amendments
81
Chamberlain v Minister of Health [2017] NZCA 619 at [76]
https://www.odi.govt.nz/nz-disability-strategy/
83
In paragraphs 33 and 62
84
https://www.health.govt.nz/funded-family-care-2020
82
17