(h) The procedures used for consulting with children and young people in respect of the Child and Youth Wellbeing Strategy and the statement on National Education and Learning Priorities, and the results of those consultation processes. (i) An evaluation of the impact of s5(1)(a) of the Oranga Tamariki Act 1989 on the participation of children and young people in procedures and proceedings under that Act. D. Civil rights and freedoms The right to identity 45. Recent legislative developments have strengthened the duties of schools and child protection and youth justice sector decision-makers to recognise and uphold the right to identity of Māori children, a specific concern of the Committee in its 2016 Concluding Observations.50 46. The Education and Training Bill introduces new provisions that increase schools’ obligations to recognise and respect the Treaty of Waitangi in their work. These obligations include requiring that school boards ensure that their plans, policies and local curriculum reflect local tikanga Māori (Māori cultural values and traditions), mātauranga Māori (Māori knowledge, wisdom and understanding), and te ao Māori (the Māori world); and make instruction available in tikanga Māori and te reo Māori (the Māori language).51 47. Similarly, new provisions in the Oranga Tamariki Act require decisions under the Act to take a holistic approach in affirming the right to identity of children and young people subject to those decisions.52 The Act places new obligations upon the Chief Executive of Oranga Tamariki regarding commitments under the Treaty of Waitangi, including that policies, practices, and services must have regard to mana tamaiti (the intrinsic value and dignity of the child), the whakapapa (genealogy) of Māori children and young persons, and the whanaungatanga (kinship) responsibilities of their whānau, hapū, and iwi.53 The right to privacy 48. The current use of predictive risk modelling in the child protection system is unclear. Reforms to the Oranga Tamariki Act enable agencies to more freely share information about children, young people and their families, including enabling the creation of group data sets.54 Furthermore, the legislation provides that the wellbeing and best interests of the child override duties of confidentiality that otherwise exist.55 To balance these more intrusive provisions, the legislation requires the development of an information sharing code to guide practices. An information sharing guidance document was released in 2019.56 49. The Privacy, Human Rights and Ethics (PHRAE) framework, developed as a procedural safeguard in the development of predictive risk modelling and information sharing initiatives, has been publicly 50 Paragraph 19 Clause 9(1)(d), Education and Training Bill 52 Oranga Tamariki Act, section 5(1)(b)(vi), see also section 4(1)(g) 53 Oranga Tamariki Act, section 7AA(2)(b) 54 Oranga Tamariki Act sections 65A-66Q 55 Oranga Tamariki Act sections 65A(2) 56 https://orangatamariki.govt.nz/assets/Uploads/Information-sharing/information-sharing-Guidance-OT-Act1989.pdf 51 12