Lole-Taylor Asenati: Care of Children Law Reform Bill — First ReadingText is subject to correctionLole-Taylor Asenati: Care of Children Law Reform Bill — First Reading[Sitting date: 23 October 2013. Volume:694;Page:14243. Text is subject to correction.]Le’aufa’amulia ASENATI LOLE-TAYLOR (NZ First): I rise on behalf of New Zealand First to speak on the Care of Children Law Reform Bill in its first reading.Hon Tau Henare: Well that’s the bill that we are talking to.Le’aufa’amuliaASENATI LOLE-TAYLOR: I am actually not sure what it is about the Law Commission that Tau Henare does not like. But one thing I know for sure is that the purpose of this bill is that it intends to modernise the Care of Children Act 2004. I commend the sponsor of this bill for her vision to explore the possibility of improving the current legislation.It is noted that the principal Act wants to give weight to protecting and promoting the welfare and best interests of the child and to ensuring that their well-being is the first and paramount consideration. It is why the Act should include legislative and social changes that have occurred since 2004. More important it does not pertain to adoption laws. Instead adoption laws have been left untouched since the 1950s. Improving and enhancing adoption laws promotes the welfare and the best interests of the child. The time has come for the Adoption Act 1955 to be reviewed and it needs to reflect societal change and developments. I acknowledge that the bill intends to facilitate an evidence-based modernisation of the law relating to the care of children in New Zealand. It is not possible to have a legal system that is out of touch with reality because that is how loopholes start to surface and create a mismatch between what the law is and how things actually are.New Zealand First supports the need for the Law Commission to review the current legislation. Adoptions in the 1950s were primarily closed and stranger adoptions. Today less than a quarter are closed or stranger adoptions. It is high time that the Law Commission undertook a review of the legislation and incorporated social changes to the care of children and adoption. Some of these developments are human-assisted reproduction technology and/or surrogacy arrangements decreasing closed and stranger adoptions and also the need for whāngai adoptions to be acknowledged by the law.I had to do some research into the whāngai adoption and I must admit that it is very similar to the way Pacific Island people operate. However from what I am able to read reasons for whāngai include providing a home for an orphan taking in a child from a larger family that is struggling with a lot of children taking in a child whose parents were too young to be parents grandparents taking in a mokopuna and teaching themtribal traditions and allowing children to inherit land. These are some of the reasons why the Law Commission should review the Care of Children Act 2004 and overhaul our legal system.It would be wonderful if the Minister of Justice ensured that the Law Commission is afforded the opportunity to carry out the task of reviewing the original report which is from about 13 years ago in order to include developments that have been made since. All legislation that pertains to the care and well-being of children is paramount for their well-being and society. This is why the principal Act needs to be updated and reviewed by the Law Commission. It has the expertise to consider what is relevant in this particular case. Our children’s well-being is plastered across media outlets far too often and we need to ensure that any piece of legislation pertaining to children that goes through this House puts their interests and well-being first. Policy makers decision makers and the machinery that drives legal and social change need to work together.Let me explain why there is a need to combat issues that prevent our children from growing up in a healthy environment. With this in mind action needs to be taken so that the changes to the Act can be effectively implemented. Children’s rights are important and so too are parental responsibilities. Changing family structures and norms need to be included in our legislation so that children get the best start in life and do not fall through the cracks due to unintended outcomes.We do have some concerns and they are around the whāngai institution as the Māori customary practice embraces the principles of orphans and kinship. This is something that we wanted to hear more about from the sponsor of the bill and it would have been a lot better if this bill was given the opportunity to investigate or to explore that side of adoption. Thank you.