Bid to block minister’s tribunal summons

Crown lawyers have filed High Court proceedings to block a Waitangi Tribunal summons issued to Minister for Children Karen Chhour.

The tribunal had called on Chhour to provide evidence at an urgent inquiry into the repeal of Section 7AA of the Oranga Tamariki Act.

Specific questions outlined in the summons asked the minister how many caregivers working with Oranga Tamariki had raised concern over the impact of Section 7AA.

It also asked the minister to provide examples of children being placed in unsafe conditions because of Section 7AA.

Crown lawyers filed papers with the High Court on Wednesday, with a hearing expected on Monday.

Evidence submitted last week by claimants at the urgent inquiry showed correspondence and advice provided to Chhour by Oranga Tamariki.

It warned repealing Section 7AA would diminish the unique rights, needs and voices of tamariki Māori and elicit a strong reaction from communities.

The minister was also told the coalition Government’s tight timeframe prevented a comprehensive review of evidence to better understand the impact of a repeal.

Te Puni Kō kiri advised against the repeal, saying the Government decision to remove it was based on anecdotal evidence rather than facts.

Section 7AA introduced a legal obligation on Oranga Tamariki to improve outcomes for tamariki Mā ori and demonstrate adherence to the principles of Te Tiriti o Waitangi.

It required that all Oranga Tamariki policies and practices acknowledge whanaungatanga, whakapapa and mana tamaiti, and that the development of relationships with iwi be prioritised.

Act leader David Seymour has hit back, suggesting the tribunal may be “wound up for their own good”. In a media release, Seymour said the tribunal’s attempt to summons Chhour made him “deeply fearful for them”.

“I’m worried they haven’t thought about who they’re dealing with. Karen is a Māori woman who survived the state care system. By their own standards, they are buying a fight with someone of much greater mana.”

Section 7AA had led to Māori children being uplifted from loving homes because of the ethnicity of their carers, Seymour said.

“The tribunal summonsed the wrong woman, on the wrong issue, at the wrong time. No wonder some people think they’re past their use-by date.”