Hundreds of demonstrators gathered outside the New Zealand Parliament in Wellington, New Zealand on Monday to support Māori iwi, Ngāpuhi, to oppose the repeal of section 7AA of the Children’s and Young People’s Well-being Act.

Ngāpuhi members traveled from the Northland region of New Zealand to the capital city to protest the repeal and present their formal submissions on the amendment to the bill at a select committee meeting. Over 200 people attended the protest.

Public submissions made by Ngāpuhi established their opposition to the amendment bill and recommendations to the Social Services and Community select committee. The submission identified the repeal of section 7AA as a breach of the Treaty of Waitangi, noting there had been “a failure to fully analyse the downstream effects of the repeal,” warning there is a “significant risk of actual harm to vulnerable tamariki (children).” The Ngāpuhi Iwi Social Services submission urged the select committee to retain the entirety of section 7AA, further advocating that the findings and recommendations proposed in the Waitangi Tribunal’s urgent inquiry report be implemented.

Section 7AA was introduced to the Children’s and Young People’s Well-being Act in 2019. The provision lays out obligations for the Chief Executive of the Ministry for Children to pursue and uphold policies that improve outcomes and reduce disparities for Māori children, and ensure commitment to the principles of the Treaty of Waitangi. The removal of this provision was proposed in the Coalition Agreement between the New Zealand National Party and ACT New Zealand in November 2023.

New Zealand Minister for Children Karen Chhour introduced the bill to Parliament on May 13, 2024. In support of the repeal, she noted, “I consider that section 7AA allows the treatment of children and young people as an identity group first, and a person second, it creates a divisive system that has had a negative impact on caregivers.” She proposed the repeal would certify that decisions made by the ministry would be “entirely child-centric” and “ensure a child’s wellbeing and best interest.” There is a lack of empirical evidence supporting the view that harmful changes to care arrangements have resulted from section 7AA, according to the Oranga Tamariki Regulatory Impact Statement.

Submissions echoing Ngāpuhi sentiments and advocating against the repeal were put forth by several organisations, such as Save the Children New Zealand and the New Zealand Law Society. Members of Parliament representing the Labour Party, Peeni Henare and Willow Jean Prime, from Ngāpuhi herself, also expressed their opposition to the repeal at the First Reading of the bill.

Luke Fitzmaurice-Brown, an academic, criticised New Zealand Prime Minister Chris Luxon’s reiteration of support for the repeal being necessary for the wellbeing of Māori children, noting that “the framing of ‘culture’ vs ‘safety’ is racist. It assumes that Māori are not capable of keeping our children safe and that we would choose to deliberately compromise this.” Fitzmaurice-Brown’s submission to the select committee and article in the June issue of Māori Law Review further detail his position opposing the repeal of the provision.