Decolonising child protection in Aotearoa: What can be learned from First Nations internationally?

Intern

Kaea Hudson, Victoria University of Wellington

Supervisor

Dr Luke Fitzmaurice-Brown, Te Herenga Waka, Victoria University of Wellington

Overview

In Aotearoa, the decolonisation of child protection has been exemplified by the ongoing struggle to increase the provision of ‘by Māori, for Māori’ child protection services, often in partnership with the State. Most recently, these efforts involved the assertion of rangatiratanga in response to proposals to repeal section 7AA of the Oranga Tamariki Act. A Waitangi Tribunal hearing earlier in the year found that the proposed repeal of section 7AA would breach Te Tiriti o Waitangi.

This project examined these developments within a broader global context. Across the world, Indigenous peoples have pushed for the decolonisation of child protection systems. In Canada, a 2019 law enabled First Nations to reassert sovereignty over child protection services in accordance with their own tikanga, with implementation efforts now underway. In the United States, the Indian Child Welfare Act has long recognised the rights of Indigenous peoples to raise children according to their own laws and customs. Emerging efforts in Australia have also sought to acknowledge Indigenous sovereignty in this space.

The internship focused on these international examples through both policy and legal analysis, including the examination of relevant case law. It also linked specific examples of Indigenous-led child protection reform with broader movements to revitalise Indigenous legal traditions and systems.