Davis KelvinORANGA TAMARIKI AMENDMENT BILLThird ReadingHon KELVIN DAVIS (Minister for Children): I present a legislative statement on the Oranga Tamariki Amendment Bill.ASSISTANT SPEAKER (Hon Jenny Salesa): That legislative statement is published under the authority of the House and can be found on the Parliament website.Hon KELVIN DAVIS: I move That the Oranga Tamariki Amendment Bill be now read a third time.I want to take this opportunity to reflect on the journey that this bill has taken to get to its third reading here today with a particular focus on the partial repeal of the subsequent child provisions. The journey began in 2019 when the former Minister for Children the Hon Tracey Martin initiated a first principles review of the subsequent child provisions. That review found they were not promoting the best interests of the children; rather the provisions were actually causing harm. In particular the provisions were causing harm to both the child and their older sibling who had already been removed from the parent's care because they would be pulled into additional and potentially traumatic court proceedings to confirm that the older child had no realistic probability of being returned to the care of their parents.The provisions also impacted on Māori. Of the 19 declarations made under the provisions 11 related to tamariki Māori two related to children with both Māori and Pacific descent and one to a child of Pacific descent. It's not surprising then that the provisions are viewed with distrust by Māori or that the Waitangi Tribunal found that the provisions caused prejudice to Māori and that until the Crown had completed the partial repeal it was in continuing breach of the duty to act in good faith central to the partnership principle and to actively promote Māori rangatiratanga over their kāinga." The partial repeal of the subsequent child provisions is therefore necessary to rebuild the faith trust and confidence that families whānau hapū iwi and communities need to have when dealing with Oranga Tamariki. Rebuilding that trust is also an important step in enabling the future direction of Oranga Tamariki. How can whānau hapū iwi and communities trust Oranga Tamariki to work with them in partnership while such provisions are still in the legislation?Also importantly the subsequent child provisions impacted on social workers and their ability to use their skills and expertise. The provisions also created conditions for hostility with parents family and whānau and undermined the ability of social workers to work in relational ways with whānau hapū iwi and communities. Our social workers do their best to support our vulnerable children and families every day. To do that they need to be able to use their skills experience and professional knowledge particularly in areas of work that require significant sensitivity and skill. This bill is not just about the partial repeal of the subsequent child provisions. It also makes a number of other changes to the Oranga Tamariki Act 1989. This includes the repeal of a data set provision that is no longer required given that alternative safeguards and protections now exist. These alternative mechanisms are less administratively burdensome while still allowing for safe sharing of information. Finally the bill makes a number of other minor and technical changes to the Act all of which are aimed at tidying up an Act that is over 30 years old and has been subject to a number of significant legislative amendments. This includes the change introduced at the committee of the whole House stage to amend section 198 to address the unintended consequences of a prior legislative change. This bill is an important step in improving outcomes for children and young people. It is important to continue the journey of change of Oranga Tamariki. I would like once again to acknowledge the Hon Tracey Martin for her work on subsequent children and for starting the process to review the subsequent child provisions during her time as Minister for Children. I also want to thank the Social Services and Community Committee for its thoughtful consideration of the bill and their recommendations which have improved the clarity of some of the technical amendments of the bill. I also want to thank members of the public who helped the committee to consider the bill through written and oral submissions. I know that many like me are ready and eager for change at Oranga Tamariki. Small steps such as the partial repeal are important to support that change to occur. I commend the Oranga Tamariki Amendment Bill to the House.ASSISTANT SPEAKER (Hon Jenny Salesa): The question is that the motion be agreed to."