Neglected Realities: How the Oversight of Systemic Racism Hindered the Efficacy of Section 7AA in Enhancing Outcomes for Tamariki Māori within Oranga Tamariki's Care

Abstract

This paper delves into the connection between policy implementation, systemic racism and the outcomes of tamaiki Māori within Oranga Tamariki's care. The focus centres around s 7AA, a policy introduced to improve outcomes for Māori but failed due to the omission to consider systemic racism. Through an in-depth exploration of historical contexts, policy frameworks, sociocultural dynamics and case analysis, the paper highlights how the failure to address systemic racism resulted in the failure of the section to achieve its purpose. Policies, especially those concerning marginalised groups, must appreciate the effects of systemic racism and actively negate these effects. The system requires culturally sensitive and equity-driven approaches to policy formation and implementation to rectify the deeply entrenched disparities within state care. The paper's case analysis provides examples of systemic racism guiding decisions within the courts. The cases reveal how biases against Māori customs result in the assumption that Western societal preferences and laws should be given more weight in the decision-making process. These cases provide a reminder of the urgency for systemic reform. Ultimately, the essay underscores the pressing need for policies that are not only well-intentioned but also attuned to the systemic barriers that can undermine their transformative potential, especially within the context of marginalised communities like tamariki Māori in Oranga Tamariki's care.