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Child slavery cases prompt move on intercountry adoption laws
Child slavery cases prompt move on intercountry adoption laws

RNZ News

time5 days ago

  • Health
  • RNZ News

Child slavery cases prompt move on intercountry adoption laws

RNZ has reported on cases where adopted children were beaten, sexually abused, lived as servants at home and had their wages removed once they started paid work. Photo: 123RF Fears over child slavery and abuse have prompted the government to make a move on intercountry adoption laws. Briefings to ministers show they have been warned of a 'myriad of risks' to children, involving physical and sexual abuse and domestic servitude, as recently as three months ago. Oranga Tamariki said in a January briefing that despite regular warnings about intercountry adoptions in the last seven years there 'remains no strategic response'. The government says it is now prioritising work on intercountry adoption, including legislative change before the election. Oranga Tamariki (OT) said it was also working to share information with Samoa on New Zealand-resident parents who are applying to adopt. RNZ has reported on cases where adopted children were beaten, sexually abused, lived as servants at home and had their wages removed once they started paid work. Some had been adopted despite their new parents having previous criminal convictions . Children become citizens by descent if they are under 14 when adopted, or can come to New Zealand on a dependent child resident visa if they are under 25. In a briefing to children's minister Karen Chhour, Oranga Tamariki said it had concerns about the 'safety, rights and wellbeing' of children being adopted from overseas, and had been warned about one new urgent case by Internal Affairs (DIA). "The Citizenship Act 1977 does not require the adoptive parent to provide evidence to DIA that the adoption was in the best interest of the children, or that the adoptive parents were assessed as being suitable to adopt," said the briefing. "This case presents a challenging situation for the New Zealand government. Despite concerns raised with the government in briefing papers in 2018, 2019 and 2024 about the risks that section 17 poses, adoption law reform has been paused. "There remains no strategic response to the risks that have been previously identified in the movement of overseas born children across international borders via an adoption recognised by the New Zealand Adoption Act. This is not an isolated case of Section 17 being used as a mechanism to move overseas-born children." The details of the case were redacted. Elsewhere, OT officials said some adoptive families were claiming to be related to the birth mother but "DNA evidence is not required to prove any claims made by adoptive parents that they have a familial link to the children they have adopted." While many children and adoptive families have to undergo assessments, reports and home visits involving Oranga Tamariki and the Family Court under the Hague Convention, a different adoption pathway - section 17 - is open in New Zealand to those being adopted from countries which are not signatories to that international convention. It allows them to be customarily adopted or adopted via a court process in their home country, but does not mandate checks on the New Zealand family by child welfare officials. "Section 17 in its current form compromises the New Zealand government's ability to uphold its responsibilities to the conventions we have ratified, and presents a myriad of risks, as highlighted by the case at hand," the minister was told. A February briefing reiterates the concerns. "There is a body of anecdotal evidence demonstrating that section 17 of the Act lacks adequate safeguards for children who were adopted in overseas courts with compatible legislation and are moved from their country of origin to live with New Zealand citizens or permanent residents. "Section 17 is an unchecked adoption pathway, as there may be no requirement for the overseas court to seek independent information on whether the adoption will serve the best interests and rights of the children, or whether the adoptive applicants are suitable to adopt." The law was "deficient at preventing serious and preventable harm to occur to children, young people and families using New Zealand adoption processes". "Children who are being adopted into harmful environments in New Zealand continue to be reported to Orange Tamarack in the absence of New Zealand adoption law reform." World Vision New Zealand's head of advocacy Rebekah Armstrong said adoptions should be halted from the Pacific countries where "repeated breaches are coming from first and foremost". She welcomed news that adoption law reform was being prioritised, as a "long-overdue step". "However, it's incredibly important that such reforms are developed within a coherent policy framework and not in isolation. In particular, alignment with New Zealand's trafficking in persons and modern slavery legislation is essential. "Currently, our legal definition of child trafficking is out of step with international standards as it requires proof of deception or coercion - even in cases involving children. This is a major flaw and we have been subject to major international criticism regarding this for years now. "There are definitely some red flags in the cases we are hearing about in New Zealand. Adoption becomes trafficking when it involves exploitative purposes - such as forced labour, sexual abuse - or when illicit practices are used, including the falsification of documents, misleading biological parents, or offering or receiving improper payments. "Even when adoptive intentions seem benevolent, the use of unlawful means or the circumvention of legal processes, especially in unregulated or cross-border contexts, can constitute trafficking. To prevent such abuse, adoptions must be transparent, legally compliant, and always prioritise the child's best interests, following safeguards like those outlined in the Hague Convention on Intercountry Adoption." Reform of the Adoption Act, and trafficking provisions under the Crimes Act, had taken too long, she said. "What is it going to take for the New Zealand government to take this seriously? What I'm scared of is that if we don't urgently act and strengthen these frameworks, which are incredibly weak, we could end up having a terrible catastrophe that results in the loss of life. Slavery is one of the worst offences in the history of mankind. The fact that there are potentially slavery cases now, that's catastrophe enough to me. "We can't be allowing the potential trafficking of children because we've got loopholes in our law." Adoption researcher Dr Barbara Sumner said intercountry adoptions should be halted. "We shouldn't be importing children," she said. "We have countries like Sweden beginning to put an end to the intercountry adoptions because of illicit practices. We know internationally that children in non-biological families suffer, are at greater risk of negative experiences. But we have no figures for that in New Zealand at all." Oranga Tamariki's reporting to Hague Convention monitors had gaps and inconsistencies that did not accurately reflect the adoption situation in New Zealand, she said. There was no way to set the record straight with Hague authorities, who only referred them back to OT. "They are absolutely hiding [information]. Or maybe it's not as extreme as that, that they're just rewriting what adoption is to meet what the general public believes it is, sanitising it. I think they're avoiding critical analysis of systemic exploitation in in the country of adoption for sure. They frame poverty as justification and ignore inequalities and coercion in the sending countries. These are pretty basic understandings. "Just the fact that they can say that law reform is underway (in 2024) when it is indefinitely delayed, just simple things like that. They know where they're at with it, but they don't tell the truth in it. It presents stalled reform as active progress, for instance. And that there's support [available] when there isn't." Immigration lawyer Richard Small said while social worker reports should be completed on families, closing the category in full would hurt genuine adoptions. Oranga Tamariki refused an interview request but international child protection unit manager Sharyn Titchener said in a written statement it was committed to advocating for the right safeguards in a complex area. "Government agencies in New Zealand and Samoa have recognised the urgent need to address the absence of safeguards for adopted children," she said. "We currently have representatives on a government cross-agency group from New Zealand working in partnership with key agencies in Samoa to ensure adoptions are in the best interests of the children involved. "The agencies are working towards an information sharing arrangement which would allow the courts in Samoa to request information New Zealand holds about prospective adoptive parents, such as criminal histories." Chhour's office said she could not comment, as adoptions fall under the responsibility of associate justice minister Nicole McCoy, who also declined an interview. "Several of your questions fall within the remit of other agencies, and I am currently awaiting their advice, which will be considered and discussed with Cabinet colleagues before any public comment can be made," she said in a written statement. "Work on adoption law reform was slowed down in 2023 and paused later that year by the previous government. Given the pressing need for targeted reform relating to international adoption legislation, I have prioritised this work and intend to make legislative change this parliamentary term. "I have asked officials to provide advice on short-term options while we progress more comprehensive legislative reform." Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.

Boot camps are 'child prisons' says Kick Back's Aaron Hendry
Boot camps are 'child prisons' says Kick Back's Aaron Hendry

RNZ News

time26-05-2025

  • Politics
  • RNZ News

Boot camps are 'child prisons' says Kick Back's Aaron Hendry

Aaron Hendry likens the boot camp initiative to "child prisons". Photo: A youth development organisation has compared the government's military style boot camps to child prisons. Co-founder of Kick Back Aaron Hendry told RNZ the $33 million for new boot camps set aside in the government's budget announcement should be put towards addressing child poverty instead. The boot camp initiative, designed to tackle recidivism among young people, did not work and was equivalent to child prison, he said. "As a country we have decided that our solution for tamariki homelessness, for kids sleeping on our streets, is to house those children in child prisons." The government was not paying attention to why children were ending up in the youth justice system, he said. "We are ignoring some of the big key drivers behind ... child crime, and we're not providing the support and care that these kids need to actually prevent them from entering the justice system. "If we just had the right services in our communities, the right housing and the right support for our families, they would not be in the justice system today. They are on this pathway to these prison systems, these boot camps, because the government is choosing, making the very clear decision not to invest in these kids." KickBack was in contact with children as young as 11 who had nowhere to live, Hendry said. Minister for Children Karen Chhour, in statement, said the funding covered both a "military style component, but also a rehabilitative and trauma-informed care approach". "This initiative provides funding for the operation of Military Style Academies and transitional support for young serious offenders. "This includes rehabilitative support, participation in educational programmes, engagement with whānau, and reintegration back into the community after the in-residence MSA programme. "While in the community stage, each young person is supported by a team including a social worker and mentor, as well as ongoing programme activity. "Individual plans address health and wellbeing needs, encourage further education and teach employment and life skills such as budgeting and cooking. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.

What ethnic communities get from Budget 2025
What ethnic communities get from Budget 2025

RNZ News

time23-05-2025

  • Politics
  • RNZ News

What ethnic communities get from Budget 2025

Police and ambulance outside the Pooja Jewellers in Papatoetoe after reports of an armed robbery. Photo: Supplied / NZME In response to demands from the ethnic community for tougher penalties for young offenders , the government has unveiled what it calls a "significant financial boost in Budget 2025 ... to help serious and persistent young offenders turn their lives around". "This government's efforts to keep the public safe and reform young offenders is already bearing fruit," Minister for Children Karen Chhour said. "The Budget [delivered by Finance Minister Nicola Willis on Thursday] ensures we can continue this important work." For this, more than $103 million would be invested over four years in upgrading facilities and funding ways to address recidivism amongst young people, the minister said. It included $33 million for the operation of military-style academies and transitional support for young serious offenders, she said. A further $16 million would implement the new legislative regime for Young Serious Offenders, as proposed in the Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill, Chhour said. The remainder would cover repairs, upgrades and improvements to Oranga Tamariki and youth justice residences, she said. A related demand from the community has been to increase police resources to improve law and order nationwide , especially with regards to retail crime such as ram raids and aggravated robberies. "The budget invests $480 million to support police on the frontline to crack down on crime and keep communities safe," Willis said in her Budget speech on Thursday. "This year's Budget package continues to support police's frontline to deliver the policing services our communities need," Police Minister Mark Mitchell added. "There is also new funding of $60 million over four years for the Police Prosecutions Uplift Programme (PUP), and funding to update the out-dated police payroll, human resources and workforce management systems. "PUP is a programme of targeted interventions, including improving prosecutions to support court efficiencies and more timely case resolutions. It has the added benefit of freeing up frontline police from administrative overhead," Mitchell said. Another initiative the government claimed would free up police was "overhauling the way emergency services respond to 111 calls". Budget 2025 invests $28 million over four years to fund the transition from a police-led response to a mental health response to 111 mental distress calls. "New Zealand's current response to mental distress crisis calls is not fit-for-purpose. Transitioning from a police-led response to a mental health response is the right thing to do," Minister for Mental Health Matt Doocey said. "Police do a great job in our communities, but they are not mental health professionals," he said. "Police will always attend when there is a threat to life or safety, but this initiative will free police up to do with core policing." Putting victims front and centre of the justice system and speeding up the court process was another demand that kept coming up in discussions in the ethnic community. Budget 2025 has provided $246 million of additional funding to courts over the next four years. "This funding will support the ongoing operation of specialist courts, tribunals, the District Court, senior courts, the Coroners Court and the legal aid system," Justice Minister Paul Goldsmith said. "Justice delayed is justice denied. Waiting months or years for a case to be resolved only adds to the frustration and trauma for victims and, indeed, all court participants," he said. "While there has been progress, it's really important that we keep things moving. This funding will to do exactly that." Budget 2025 allocated $18.225 million to the Ministry of Ethnic Communities to improve the wellbeing of New Zealand's ethnic communities, improve social cohesion and enable well-informed decision-making by the government. This represented a slight increase from last year's Budget to cover the $18.002 million that was spent. While there's no change in the Ethnic Communities Grant, which remains at $4.232 million, the increase is mainly in funding for support, advisory and information services provided to assist ethnic communities. In particular, the government has increased the funding for Language Assistance Services to $325,000 from the current level of $45,000. The language programme is a cross-government initiative to address language barriers in accessing public services and information. It is currently managed by the Ministry of Business, Innovation and Employment (MBIE). "[But] the programme will move into the business-as-usual stage from 1 July 2025. At this time, the role of administering LAS will transition from MBIE to the Ministry for Ethnic Communities," MBIE said. Budgeting for the rest of current and past policy initiatives of the Ministry of Ethnic Communities has roughly remained the same.

Investing In Public Safety And Reforming Young Offenders
Investing In Public Safety And Reforming Young Offenders

Scoop

time22-05-2025

  • Politics
  • Scoop

Investing In Public Safety And Reforming Young Offenders

Initiatives to help serious and persistent young offenders turn their lives around, and improvements to facilities for them, have been given a significant financial boost in Budget 2025. Building on the successes that have already led to a 13 per cent reduction in young people with serious and persistent offending behaviour (a key Government target), more than $103 million is being invested over four years in upgrading facilities and funding ways to address recidivism amongst young people. 'This investment will have a real impact on these young people and their whānau. It will also ensure our communities are safer, both immediately and in the future', Minister for Children Karen Chhour says. 'This Government's efforts to keep the public safe and reform young offenders is already bearing fruit. The Budget ensures we can continue this important work.' The funded initiatives over four years include: $22 million for repairs and upgrades to Oranga Tamariki residences $16 million to implement the new legislative regime for Young Serious Offenders, as proposed by the Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill $33 million in safety and quality improvements to the facilities at youth justice residences $33 million for the operation of military style academies and transitional support for young serious offenders. 'Sometimes all it takes to improve the lives of an entire whānau is supporting one young person to make better choices. 'We continue to want better for, and from, these young people. This is not just an investment in facilities, it is an investment in them,' Mrs Chhour says.

When public spending cuts precipitate a meltdown
When public spending cuts precipitate a meltdown

Newsroom

time21-05-2025

  • Business
  • Newsroom

When public spending cuts precipitate a meltdown

Comment: Stand by for more blunt cuts to government agencies' staffing and spending in Thursday's Budget – and for potentially more of what a new Auditor-General report identifies as rushed, evidence-free, poor-practice changes to please ministers. Finance Minister Nicola Willis has made clear her second Budget will need to mirror her first in finding savings in state spending to fund new initiatives no longer covered by a reduced operating allowance. Indications are that those public service cuts will again need to be substantial to make her numbers work, for now. Last year, one of the agencies that endured a flat 6.5 percent cut to its voted budget was Oranga Tamariki. Its example in finding the necessary savings to meet the Cabinet's demand leading up the 2024 Budget is salutary for the next wave of spending reductions. A new report from the Office of the Auditor-General into Oranga Tamariki's sudden changes to its contracts with external organisations providing prevention and care services for children would be one of the most scathing to emerge from that office in the past few decades. The Auditor-General points to a cluster of poor practice, bad execution and near non-existent communication from the children's ministry in cutting around $60m in its contract spend, cancelling around 30 agencies' funding for 2024/25 and trying to strong-arm others by not paying its bills on time. The 64-page inquiry report says Oranga Tamariki decision makers did not adequately establish what the changes would mean for the children needing care. Worse, the agency simultaneously moved last year to accentuate a policy of grabbing back from some providers all money it said they underspent and had instead put into their reserves. 'Previously, Oranga Tamariki had generally allowed providers to retain funding even if they had not achieved 100 percent of all contracted measures,' the Auditor-General's office said. 'For example, providers could move funding from under-utilised services to over-utilised services to meet demand.' The process of seeking full return, known as 'reconciliation', saw Children's Minister Karen Chhour publicly declare, without evidence found by the Auditor-General, that some community service providers had used the taxpayer as a 'cash cow' for too long. And at the same time as the cuts to contract funding and the reconciliation demands, OT was also restructuring out about half the relevant staff, some of whom worked in regions liaising with the outside providers being cut. Told it needed to find the 6.5 percent budget cut, it attempted all these changes at once. The result, according to the Auditor-General report, was dire. OT gave notice to providers that equated to a few working hours (not days or weeks) over Matariki weekend in 2024. It did not tell them why they were losing money, would not engage or explain and then it was forced to keep referring children to some of those same agencies for help. It tried to make the agencies losing funding do the work of finding new services to refer children to. It withheld payment to some organisations as a way to force agreement on either new contract arrangements or to enforce returns of the underspent monies from previous years. The inquiry report says OT had no evidence where the money some organisations had in reserve might have come from – for example, other income streams, other government funding lines. It also would not let the agencies redirect the 'underspend' in areas where they had 'overspent' because of demand for care of children. Organisations affected by the contract changes eventually had a reprieve six months later, when Chhour's office announced a delay to the changeover timeline for some funding until December this year. Crucially, the savings programme aiming to cut contracts by $60m to $400m ended up finding just half that because OT had to keep paying transition costs, among other things. Politically, all this was at arm's length. Chhour and the Government can claim the contract problems were operational decisions, as were the decisions to seek 'reconciliation' by taking back underspent monies and also to cut staff involved in managing the contracts. But the defence is thin. A blunt demand for cuts of 6.5 percent spooked an apparently dysfunctional government agency to rush and botch funding changes, with unknown effects on wait times, service standards or service cuts for … children. Chhour repeatedly told opposition MPs in Parliament there had been no change to 'frontline' OT services, but the Labour and Greens MPs retorted then that her definition of 'frontline' to mean OT's own staff working directly with kids was artifice. The Auditor-General's report, so timely in the week before another Budget of expected cuts, cannot say so, but the evidence it lays out and the findings within clearly show the political direction was central to what resulted. 'Oranga Tamariki told us that it received a clear direction from the Minister for Children that Oranga Tamariki needed to focus on its core purpose.' Chhour told the Auditor-General's inquirers that her instruction was not to find savings but to ensure funding went to outcomes sought and were connected to core purposes, without duplication. Given what followed, and OT's focus for months on savings and dollars, that argument amounts to something of an out-of-body-experience. The report says the OT failures 'have harmed trust and confidence' and 'public organisations need to actively demonstrate that they can act as a trusted partner'. 'The services provided under contract support some of New Zealand's most vulnerable children and their families. Therefore it is critical that Oranga Tamariki manages the contracts well.' Something might have been learned between 2024 and the expected further cuts to public agency budgets for the 2025/26 financial year. The Auditor-General sure hopes so. 'The effects of decisions on children and their families are still not known. Given this is the core role of Oranga Tamariki, it is unacceptable for it to be in this situation.'

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