There's been much political play made around outside organisations having the potential to use violence on at risk kids. And really, it's entirely the fault of inexperienced politicians in the Coalition Government that Labour and Te Pati Māori have got any traction on this at all. The PMs ‘I know nothing, I know nothing’, when he was questioned about this yesterday on the Mike Hosking Breakfast, the refusal to answer questions on a leaked document, it just makes a vacuum which the opposition can fill with accusations of ‘violence’.  

In the leaked document, Children's Minister Karen Chhour warns the use of force and detention powers by Oranga Tamariki and third-party staff may be viewed as increasing the potential risk of abuse in custody, particularly in light of historic abuse experienced by children and young people in similar programs reported in the Royal Commission of Inquiry into Abuse in Care report. You bet your bippy it was viewed as increasing the potential risk of abuse. Labour and Te Pati Māori were in their boots and all.  

However, this morning the Minister for Children clarified on the Mike Hosking Breakfast that restraints are standard operating procedure in any institution, and organisations needed to have those powers outside of the institutions, hence the need to amend the legislation.  

“Force can be used but only under very strict conditions, and we have regulations to protect that. I would be saying we would use restraints if a child was going to abscond or was going to hurt themselves or hurt somebody else. That already currently happens within certain facilities. The fact of the matter is, if we are going to give these kids a shot, if we are going to give these young people a chance, we have to have the ability to actually put a little bit of trust in them and be able to do things outside of the residence, but we also have to keep ourselves safe while doing that.” 

Right. So the explanation, as it was finally given, is that the legislation has to be amended because at the moment, and this happened under Labour as well, it happened under any administration, you are able to use restraints for the good of the individual to prevent harm happening to them, and for good of the staff and anybody else that might be in their way. So, if you're going to protect people from the young offender, protect the young offender from themselves, you can use restraint.  

That has been abused in the past, absolutely, but these children, these at-risk youth would not be there if they didn't already know exactly what violence looked like from a very early age. They have come from horribly dysfunctional homes. They've learnt that violence is the answer, that if there's a question, violence is the answer.  Not all of them, but many of them. Even with the use of restraints by staff, I would venture to suggest they're still safer there than some of their homes. Where restraint is not a word, they could either spell or act on.  

So if you are going to trust the young people to be able to go out into the community, to try and show them that there is another way of living and being, there has to be a safety net around them and around the people they encounter. To do that you need to amend legislation. I do not know what's so hard about that. What's so hard about explaining that? 

The coalition government got themselves in a complete tangle allowing Labour and Te Pati Māori headlines, allowed them to make political capital because of their own fumbling communications. I think most of us, we understand that if you want to be able to bring at-risk kids out into the community to work or to participate in community activities, there needs to be some measure by which they can be kept safe in the community can too. 

The use of restraints will be measured and monitored, and if it is abused then all hell breaks loose. Hopefully, the days that saw so many children's lives effectively destroyed under state care are gone because the light has been shone into the dark corners. It doesn't mean there will never ever need to be a use of restraint ever again, but it has to be monitored, it has to be seen. And I think that's what we've got here.  All that's going to happen is that the kids will be kept safe, the community will be kept safe within the institutions and outside of them. And if anybody oversteps the mark, by crikey, they will be barbecued, spit-roasted and that's the way it will be.