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Te Oranga – The Background – The  NUPE Perspective

 

Since the pause in operations at Te Oranga, NUPE has consistently advocated for its urgent reactivation as a vital part of New Zealand’s secure care infrastructure. This advocacy stems from the pressing and ongoing demand for safe, secure placement options for our most vulnerable and high-needs young people and the ongoing extreme pressure on the system and the staff that work there.

 

Social Workers and site staff are regularly working overtime to supervise high-risk, inappropriate hotel/motel placements. Residential staff are providing community-based care for a cohort of young people that are too high-risk to be safely managed in that setting. Staff and young people are being harmed.

 

The Rationale for Reutilisation

 

While we acknowledge that there is an ongoing dialogue about transitioning care into smaller, community-based models that emulate homely environments, we must also recognise the current reality: there is no fully developed practice model, legal framework, or adequate infrastructure in place to support this alternative at scale. Until such systems are fully operational and properly resourced, Te Oranga remains an essential facility. Whether people like it or not, there is a need for secure care and protection residential settings.

 

NUPE continues to take the position that the decision by Oranga Tamariki to pause Te Oranga’s operations was premature and reactionary. At the time, NUPE challenged the permanent closure decision made by then-Minister Kelvin Davis through the courts and was successful. As a result, the formal process for closure could not proceed and the site’s resource consent to operate remains intact. This has enabled that Te Oranga can be re-utilised without the need to reapply for a resource consent which in our view ouwl have been difficult to get over the line.

 

Since its disuse, we have repeatedly called for Te Oranga to be reactivated based on:

 

  • Persistent high demand for secure placements, with reports at times of 12–16 young people awaiting placement who meet the threshold for care at Te Oranga.

  • Increased reliance on motel and hotel-based emergency placements due to a lack of appropriate secure options.

  • Inappropriate pressure placed on the network of community-based homes to care for tamariki with extremely high and complex needs. These homes are not designed to manage such behaviours safely, putting both staff and young people at considerable risk.

  • Numerous documented cases of community-based placements resulting in serious harm, including absconding, violent assaults, exploitation and reoffending by young people who would have been more appropriately supported in a secure facility like Te Oranga.

 

It is critical to acknowledge that the work undertaken by Oranga Tamariki staff is incredibly challenging. Despite criticism of the agency, the need for facilities like Te Oranga remains clear. These spaces must exist—not only to ensure public and staff safety—but to provide appropriate, trauma-informed care that meets the complex needs of some of our most at-risk youth. Residential services can be run well, they can be a great place to work, they can work well for young people and provide them a stable space and time to reflect and prepare.

 

Why Was Te Oranga Closed? – A Brief History

 

The closure of Te Oranga in mid-2021 followed the release of leaked CCTV footage published by Newsroom, which showed a young person being physically restrained by staff in a manner some deemed excessive. The footage sparked significant public outcry, led to the suspension of several staff members, and prompted then-CEO Sir Wira Gardiner to announce the immediate closure of the facility to enable full internal and police investigations.

 

Leading up to the incident that led to the halt of service delivery at Te Oranga, NUPE had been advocating for safety and investment for many months. Calls to action were ignored by leaders who compromised safety and sensibility.

 

NUPE, on behalf of members, was raising significant safety concerns that included a lack of:

 

  • Safe staffing numbers

  • Consistent training and supervision

  • A sensible approach to risk and behavioural management

 

We were highlighting that the staff were overworked, under supported and under the pump with a high concentration of high needs and complex young people. There were ongoing consistent events of harm including staff being concussed, one with ribs broken via assault, staff being generally and routinely assaulted seriously, multiple times a day. There was genuine concern there would be a death of a staff person and this was raised to OT. Amongst young people,  self-harm and suicidal ideation were daily incidents, with emergency services called to site sometimes multiple times per day. They were not provided the tools and resources to safely operate the site, and leadership was not responding.

 

NUPE highlighted that there was weak and dangerous practice advice provided to staff i.e. Staff were being instructed to wait until a young person turned blue before cutting a ligature from their neck.  The prevailing mood at the time was that staff should not use force where warranted by the act, this was and remains unrealistic in the context of the secure environment. Poor decisions relating to risk management were made consistently seeing young people and staff exposed to ongoing risk.

 

Ongoing staff shortages impacted on facilitation of training days, provision of supervision and any down time for planning. Families of the staff feared for the safety of their loved ones.

 

There was a failure to ensure the building blocks of a well-functioning residence were in place. As a result, staff were overworked, burning out, and blamed. A vote of no confidence in the Manager and National Manager was tabled. Staff were poised for strike action. They wanted support to be able to provide the best care for the young people at Te Oranga—a job many have dedicated their careers and lives to. Finally their voice was heard. Oranga Tamariki new leaders begun to address key issues and were taking steps to make site safe.  

 

After the media attention, rather than continue to address the key issues and strengthen the operation, Oranga Tamariki leadership reacted with a shutdown. Posing as strong, responsive leaders with bottom lines for safety, a show was played out whereby staff were demonised and targeted and leaders looked like they were taking responsibility.  

 

All young people were prematurely discharged, all staff were stood down, and care plans were interrupted. It was a knee-jerk overreaction sanctioned at the highest levels—from site management to The National Manager, CEO and the then Minister. NUPE successfully filed an injunction to prevent the formal closure of the residence. This enabled the resource consent remained live and in place. Since then, we have been advocating for its re-utilisation.

 

Todays leadership, appear to see the sensibility of reusing TO and have managed to negotiate all of the barriers of the day and have announced that Te Oranga will be re-opened.

 

Key Considerations for Reopening

 

When Te Oranga reopens, it must be established on a strong foundation:

 

  • Culturally responsive to the needs of its cohort

  • Clear practice model outlining purpose, values, and operational standards

  • Strong partnerships with health, mental health, and education providers

  • Robust, ongoing training curriculum for staff

  • Effective supervision supporting reflective and safe practice

  • Structured daily routines and behavioural management systems

  • Well-resourced, therapeutic programming (cultural, educational, spiritual, recreational)

  • Strong leadership and teamwork

  • Community engagement

  • Proactive and capable risk management

 

These were the foundational components staff had been calling for prior to the service halt—and they remain essential for the future of all residential care services.

 

 

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The Government has announced its intention to introduce a new Employment Leave Bill following a review of the current Holidays Act. The original review began because sick leave payments did not align with ordinary pay or annual leave, creating a discrepancy that needed to be resolved. While the review started under the previous Government, it has continued under the current one and expanded in scope.


The new Bill proposes fundamental changes to the law, including how leave is calculated and provided.


Some of the proposals are positive — for example, allowing employees to accrue and take leave from their first day of employment rather than waiting six months to become eligible.

However, other proposals are concerning, as they would disadvantage certain groups such as part-time and casual employees, or employees who receive bonuses. There are also proposed changes to alternative holidays for people who work on statutory holidays.

There is a lot to work through, which NUPE will be doing in the coming days. The Bill will still need to go through the full parliamentary process, including public submissions to the relevant select committee before it can become law. It is therefore unlikely to be enacted until next year.


Union position on replacing provisions with references to legislation


The replacement of the Holidays Act with the Employment Leave Bill — along with proposed changes to the Employment Relations Act — reinforces why unions must oppose simply replacing explicit provisions with references to the Act. Leaving matters “as defined by the Act” may seem tidy, but it shifts power away from the collective agreement and the members it protects.


Specifically, we see four main risks with this approach:


  1. Certainty for members – Members need to see their rights clearly stated in the agreement itself, without having to check external legislation.

  2. Stability – Legislation can and does change. If the collective agreement only refers to “as defined by the Act,” any reduction in statutory entitlements would automatically flow through to members. That is unacceptable.

  3. Preserving bargaining rights – Including full wording ensures these matters remain part of collective bargaining and can’t be brushed aside as “already covered by law.”

  4. Better-than-minimum standards – A collective agreement should not merely repeat legal minima but provide the opportunity to improve upon them. Explicit wording allows that.


For these reasons, our clear position is that entitlements must continue to be written explicitly in the agreement.


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Down load your copy of the Spring Newsletter here :


NUPE : Advocating for members accross the Government and NGO sector.


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