Oversight of Oranga Tamariki System Act 2022

Preliminary provisions

6: Tiriti o Waitangi/Treaty of Waitangi

You could also call this:

"The law ensures the Crown keeps its promises to Māori, working together for better outcomes for children and young people."

Illustration for Oversight of Oranga Tamariki System Act 2022

The law wants to make sure the Crown does what it promised in the Tiriti o Waitangi and the Treaty of Waitangi. You need to know that the Crown has to work with Māori to make things better for children and young people. The Monitor has to think about how to help Māori children and young people when they make plans and check on the Oranga Tamariki system. They have to work with Māori and make sure their ways of working respect Māori culture and values.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS591379.


Previous

5: Principles, or

"Think about what's best for kids and their families when making decisions."


Next

7: Common duties, or

"People helping Oranga Tamariki must work together and share information to keep children safe"

Part 1Preliminary provisions

6Tiriti o Waitangi/Treaty of Waitangi

  1. In order to recognise and respect the Crown’s responsibility to give effect to te Tiriti o Waitangi/the Treaty of Waitangi, and to improve the well-being of children and young people within (without limitation) the context of their whānau, hapū, iwi, and communities,—

  2. section 13(2) requires the Monitor when developing monitoring priorities, work programmes, and monitoring approaches to ensure that they have as a key priority the need to support improved outcomes for Māori children and young people:
    1. section 14(2)(c) requires the Monitor to assess the outcomes for children, young people, families, and whānau who receive services or support through the Oranga Tamariki system, and the change in outcomes over time, with particular regard to Māori children and young people and their whānau:
      1. section 15(2)(b) and (c) requires the Monitor to ensure that their tools and monitoring approaches operate in a way that recognises the importance of children’s and young people’s families, whānau, hapū, iwi, and communities and incorporate a tikanga Māori approach:
        1. section 17 requires the Monitor to appoint a Māori Advisory Group:
          1. section 18 provides that the Monitor must collaborate with, and have regard to the views of, the Māori Advisory Group when the Monitor is developing their priorities, work programmes, and monitoring approaches:
            1. section 19 requires the Monitor to make reasonable efforts to develop arrangements with hapū, iwi, and Māori organisations for the purposes of providing opportunities to, and inviting proposals on how to, improve oversight of the Oranga Tamariki system and sharing information under this Act:
              1. section 24 requires the Monitor to prepare an annual report on the performance of the Oranga Tamariki system in respect of outcomes being achieved for Māori children and young people and their whānau:
                1. section 39 provides that when dealing with a complaint or an investigation involving Oranga Tamariki, or a care or custody provider, an Ombudsman must—
                  1. operate in a way that recognises the importance of a child’s or young person’s whānau, hapū, iwi, and culture, including providing for whānau, hapū, and iwi to participate in the complaints or investigations processes, as appropriate; and
                    1. ensure that their complaints and investigations processes are visible and accessible to children and young people and their whānau, hapū, or iwi, or an individual or organisation supporting them, and to incorporate a tikanga Māori approach:
                    2. section 43 provides that the Chief Ombudsman must make reasonable efforts to develop arrangements with hapū, iwi, and Māori organisations for the purposes of supporting Ombudsmen in carrying out their duties and providing for the sharing of information under this Act:
                      1. section 49(4)(b)(i) requires the Monitor to consult hapū, iwi, and Māori organisations with whom the Monitor has entered into arrangements under section 19 when making information rules relating to the collection, use, and disclosure of information by the Monitor:
                        1. clause 12(2)(b)(i) of Schedule 1 requires an independent review of this Act to consider whether the Monitor is working effectively with hapū, iwi, and Māori organisations.
                          Notes
                          • Section 6(k): replaced, on , by section 11 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).