Grainne Moss admits the Crown has failed to stamp out structural racism within its state care systems – but claims she’s going nowhere

Beleaguered Oranga Tamariki chief executive Grainne Moss has delivered an historic apology for structural racism within the child protection system, admitting the Crown has failed to deliver on its promises to Māori over decades.

However, Moss has denied reports her resignation is imminent, while the fate of the ministry’s chief executive has sparked early conflict between the Government’s Māori ministers.

Appearing before the Waitangi Tribunal’s hearing into the placement of tamariki Māori into state care, Moss offered a series of formal concessions on behalf of the Crown, including an acknowledgement that “structural racism is a feature of the care and protection system which has had adverse effects for tamariki Māori, whānau, hapū and iwi”.

“This has resulted from a series of legislative, policy and systems settings over time and has detrimentally impacted the relationship between Māori and the Crown.”

The Crown should have identified the need to tackle structural racism “head-on” in the establishment of Oranga Tamariki, given its impact on outcomes for and experiences of tamariki and their whānau, she said.

“Historically, Māori perspectives and solutions have been ignored across the care and protection system. To address this, we need to partner and engage with Māori so together we can deliver better outcomes for tamariki Māori.”

Moss said the Crown had also failed to fully implement the recommendations of Pūao Te Ata Tū, the 1988 government report which addressed racism within the then-Department of Social Welfare, in a comprehensive and sustained manner.

“It’s actually only by acknowledging the failures of the past that we can move on together to create a new future, so it’s incredibly important that the Crown identifies it has acknowledged and listened.”

“This failure has impacted outcomes for tamariki Māori, whānau, hapū and iwi. It has undermined Māori trust and confidence in the Crown and undermined confidence in its willingness and ability to address disparities.”

Asked why the Crown had chosen this moment to make its concessions, Moss said it had been listening to the maemae (pain) expressed by people dating back beyond the release of Pūao Te Ata Tū.

“It’s actually only by acknowledging the failures of the past that we can move on together to create a new future, so it’s incredibly important that the Crown identifies it has acknowledged and listened.”

She said the Crown and Oranga Tamariki were “well aware” of the failings within the system, which was why the new ministry had been set up and its establishing legislation had been subject to significant changes.

The ministry had increased the number of Māori specialist roles it had, while partnerships with iwi had helped to change pre-existing mindsets and challenge racism and bias.

Moss said Oranga Tamariki was also looking at how to better train social workers before they even entered the state system, as well as taking a “really granular” approach to identify the most racist parts of the current framework.

‘Committed to the kaupapa’

But the chief executive’s own role within that framework has come into question following a string of damning reports and inquiries, as well as the high-profile Newsroom documentary which exposed attempts by social workers and police to take a week-old baby from its mother in a ward at Hawke’s Bay Hospital.

Several sources have told Newsroom Moss is set to leave her role, while Whānau Ora Minister Peeni Henare told Te Ao Māori News on Tuesday night a change at the top – “which allegedly might be happening in a couple of hours” – was not surprising, as Children’s Minister Kelvin Davis had indicated a new approach was needed.

However, Moss told media she was staying in her role and was “absolutely committed to the kaupapa” ahead.

“We’ve made very good progress but there’s lots more to do, and it’s a privilege to be able to have an opportunity to improve the outcomes for tamariki, rangatahi and their whānau, and to make change.”

She said making the concessions on behalf of the Crown was an “incredibly emotional” moment for her, as Māori tamariki may not have reached their full potential due to the failings of the state.

Davis told Newsroom Henare’s comments were “both inappropriate and inaccurate”, in a highly public dressing down of a colleague in Labour’s Māori caucus and a sign of how sensitive this issue is for the Government.

After he became aware of the remarks, Davis had contacted Henare to make it clear he did not speak for him, and said he had “absolutely no idea” where the latter had formed the belief Moss’ departure was imminent.

Children’s Minister Kelvin Davis chastised his Cabinet colleague Peeni Henare for speaking out of turn about the future of Oranga Tamariki boss Grainne Moss. Photo: Lynn Grieveson

He had also called Moss to assure her Henare’s comments did not reflect his own view as Children’s Minister. However, Davis again avoided expressing confidence in her leadership, saying the pair were still getting to know each other.

“I do look forward to a constructive and positive working relationship with her, and my expectation is that she will lead the changes in the new direction successfully when we’ve decided on what those changes and the new direction will be.”

Davis said it was “very brave” of Oranga Tamariki to offer an apology for the Crown’s failings during an appearance before the Waitangi Tribunal on Wednesday, and believed the concession was the right thing to do.

“Part of moving forward is addressing the mistakes of the past, and now that they’ve admitted to the mistakes it’s time we get on and start fixing these things.”

“The Treaty of Waitangi to me is a partnership, it’s not about one party going off and doing things on their own, which is what the Crown has done for way too long without engaging Māori, and now we have to have trust and faith that Māori have the solutions and how do we … enable those solutions to come about?”

An admission of structural racism was simply a reflection of a fact obvious to everyone, as was a concession about historical Māori perspectives being ignored.

If a transfer of power and resources to Māori was to take place, the Crown had to make sure it got the process right.

“We’ve had enough of reviews and reports and things like that, we’ve actually got to start making the changes that people have been seeking, but we’ve got to also do it together.

“The Treaty of Waitangi to me is a partnership, it’s not about one party going off and doing things on their own, which is what the Crown has done for way too long without engaging Māori, and now we have to have trust and faith that Māori have the solutions and how do we … enable those solutions to come about?”

Davis said it would take some time to make the necessary changes in the coming years, as the Crown could not simply “wash its hands of things and say, ‘Here you go Māori, it’s in your hands’.”

Sam Sachdeva is Newsroom's national affairs editor, covering foreign affairs and trade, housing, and other issues of national significance.

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