SpeechJAN LOGIE (Green): Thank you Mr Chair. I wanted specifically to speak to one of the provisions in our Supplementary Order Paper in a minute but I'm also keen to hear from the Minister to address the points in the Auckland University Aotearoa New Zealand Centre for Indigenous Peoples and the Law report Time to Taihoa around this provision in the bill that was saying that it breaches Te Tiriti and the Declaration on the Rights of Indigenous Peoples in the following ways: that "It fails to recognise Māori tino rangatiratanga over kāinga which includes the right to oversee and monitor that the rights of tamariki Māori are respected and upheld." It said that "Māori should have participated in [the] decision-making on whether the Office of the Children's Commissioner should be reconfigured and if so what form any new body … should take and how it should be governed." And that the bill fails to "explicitly state that Māori must be represented on the proposed Children's Commission's Board." and I'll get into that more and that it "provides that a nominations panel and the responsible Minister have the power to decide who will represent Māori on the … Children's Commission. In line with te Tiriti and the … Declaration Māori must decide who will represent them" and that it "fails to provide the Children's Commission with any monitoring or complaints oversight functions both generally and in relation to Oranga Tamariki." And "Considering the disparity faced by tamariki Māori and the extent to which their rights as tangata whenua te Tiriti partners … are violated … essential that … [the commissioner] as … New Zealand's national child rights institution is independent and effective and has all the necessary powers and functions to monitor investigate … and promote and protect children's rights in line with international standards."I'm interested in the response to those points but I would like to get into a little bit more our suggested amendment to have at least half of the board members have experience and knowledge of tikanga Māori and whakapa Māori. There was a very strong support for this that came out through the select committee process. I acknowledge that this clause has been strengthened slightly through the select committee process but it does not include that requirement to whakapapa Māori. Some of the advice that we were given was that it might be discriminatory to do so so we sought advice as a committee from the Human Rights Commission on that point and their advice was really clear: that it would not be and that actually it was consistent with the guarantees of partnership active protection and equity under Te Tiriti o Waitangi and that rationale is further supported and affirmed by the rights standards and obligations outlined in the UN Declaration on the Rights of Indigenous Peoples. And the Waitangi Tribunal's recent report emphasised that Māori must lead the transformation of Oranga Tamariki and it is their view that this leadership role must extend to the oversight of the agency and the composition of the Children and Young People's Commission governing board. The commission further noted that there were also strong grounds for including whakapapa Māori around special measures around the New Zealand Bill of Rights Act (BORA) let alone Te Tiriti obligations saying that under the New Zealand Bill of Rights Act they're required to address significant inequalities for tamariki Māori and measures to achieve equality are provided for under the BORA and under international human rights law.So I'm very concerned that there's a view that actually providing explicitly for whakapapa Māori in terms of our governing arrangements of the commission but more generally is somehow problematic when I think that's really at the very foundations and heart of our country to enable that and considering the history of harm the Green Party would argue there should be a duty for that."