found themselves there after a family tragedy. Many New Zealanders who were placed in government institutions suffered sexual, physical and psychological abuse. 83. The systemic reasons for the over-representation of Māori in state care and the impact of these actions, both for individuals and for Māori communities, has never been fully or publicly investigated. 84. Currently, allegations of abuse in State care are dealt with through a variety of mechanisms. These include: (a) (b) (c) (d) 85. The existing social security regime; The Accident Compensation framework; The Ministry of Social Development’s Historic Claims process; and The Courts (to a very limited degree). The Commission continues to be concerned that existing processes do not enable examination of underlying systemic questions and therefore do not ensure that events like this are prevented from occurring in the future. Reform of the child protection system 86. In 2016 and 2017, the Government introduced significant legislative reforms to the child protection system65. This has included the establishment of a new ministry, the Ministry for Vulnerable Children/Oranga Tamariki (MVCOT), which has taken over responsibility for the child protection system in New Zealand. 87. The legislative reforms are largely progressive in terms of human rights impact, and include provisions that explicitly recognize and seek to uphold the rights of children under the UN Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities66. The legislation has also introduced new obligations upon the Chief Executive of MVCOT to improve outcomes for Māori children67. Māori children are disproportionately subject to statutory care and protection interventions and constitute over 55 percent of children in state care.68 88. However, the reforms have generated concern amongst Māori, due to its weakening of the incumbent care and protection principles that recognise and prioritise the 65 The Children, Young Persons and their Families (Advocacy, Workforce and Age-setting) Amendment Bill 2016 and the Children, Young Persons and their Families (Oranga Tamariki) Amendment Bill 2017 66 Clause 5, Children, Young Persons and their Families (Oranga Tamariki) Amendment Bill 2017 67 Ibid, clause 12, new s 7A 68 Office of the Children’s Commissioner, State of Care Report 2015, p 10 accessed http://www.occ.org.nz/assets/Publications/OCC-State-of-Care-2015.pdf 21