Karen Chhour Calls Recent Amendments a Vital Step in Protecting Vulnerable Youth

Overhaul of Oranga Tamariki Act: New Bill Ends Strip Searches and Enhances Protections for Children in Secure Residences

In a major step toward safeguarding children’s rights, the New Zealand government has introduced critical amendments to the Oranga Tamariki Act 1989 through an Omnibus Bill, Minister for Children Karen Chhour announced. As part of the recent National Apology to survivors of abuse in care, the Responding to Abuse in Care Legislation Amendment Bill had its first reading in Parliament. The Bill introduces reforms aimed at addressing long-standing issues in youth care, including banning strip searches, establishing safer search protocols, and clarifying legal protections for youth in secure residences.

“This is a day of overdue change for the care system. I’m proud to have helped make changes to outdated, restrictive legislation,” Ms. Chhour said, acknowledging the thousands of abuse survivors who testified to the Royal Commission about the need for better protections in the care system.

Key Amendments to Protect Children and Youth

The amendment bill includes a variety of reforms to improve the safety and dignity of children in secure care. The most significant change is the removal of the authority to conduct strip searches on children and young people in secure Oranga Tamariki residences, a practice that has long been criticized as invasive and harmful. “This Bill eliminates one of the most restrictive and potentially harmful powers within the care system,” Ms Chhour emphasized.

To replace strip searches, the Bill mandates Oranga Tamariki to develop a personalized search plan for each child or youth, taking into account their unique needs and vulnerabilities, as well as their gender and personal preferences. This tailored approach ensures that searches are conducted with respect and sensitivity.

In addition, the Bill introduces new search provisions specifically for New Zealand’s five secure Youth Justice residences. These measures are designed to keep residents safe by minimizing the risk of prohibited or dangerous items being brought into the facilities, balancing security with the well-being of residents.

Strengthening Oversight and Reducing Potential for Harm

The Bill also includes a technical amendment to clarify the length of time a child or youth can remain in secure care before requiring Court oversight. This measure prevents prolonged detainment without judicial review, ensuring that young people in secure care facilities receive appropriate legal protections and oversight.

The Minister highlighted that these changes are just the beginning of broader reform efforts to ensure all children in care receive safe, dignified treatment. “For the children and young people cared for in our secure residences, safety is the fundamental condition for creating a stable environment,” Ms. Chhour said. “Our goal is to ensure every child in this country grows up in a loving, stable home that enables them to succeed in life.”

Collaboration with Youth Voices

An important aspect of these reforms is that they were crafted in consultation with care-experienced youth. Many young people who have spent time in secure residences expressed support for the changes, particularly for provisions that prioritize safety within the facilities. This input reflects the government’s effort to include youth perspectives in policies affecting their care and well-being, creating a more responsive and humane care system.

A Broader Push for Systemic Change

This amendment bill represents the government’s initial response to the findings of the Royal Commission on Abuse in Care, marking the beginning of comprehensive changes to New Zealand’s care system. With a focus on safeguarding children’s rights and preventing future abuse, these reforms set the foundation for a system that prioritizes the dignity, safety, and development of vulnerable youth.

As the government continues to work toward implementing further recommendations from the Royal Commission, these amendments underscore a commitment to creating a care system that protects, respects, and uplifts every child and young person in New Zealand.