The Office of the Children's Commissioner (OCC; Māori: Manaakitia A Tatou Tamariki) was an independent New Zealand Crown entity that was established under the Children's Commissioner Act 2003. Its role has been superseded by Mana Mokopuna - Children and Young People's Commission. OCC's main responsibilities were to protect the rights, health, welfare, and wellbeing of minors under the age of 18 years.[1][2]

Functions and responsibilities

The Office of the Children's Commissioner's statutory functions were outlined in the now repealed Children's Commissioner Act 2003, the Oranga Tamariki Act 1989 (formerly known as the Children, Young Persons, and Their Families Act 1989), the Oranga Tamariki (Residential Care) Regulations 1996, the Crimes of Torture Act 1989, and the Human Assisted Reproductive Technology Act 2004.[3] Key responsibilities included:

As the equivalent of office known as the Children's Ombudsman in several countries, the OCC conducted investigations as to whether the rights or welfare of a child or children have been prejudiced. Their investigations covered almost anything except courts and tribunals. The Children's Commissioner had the power to require information or documentation as part of their investigation.[3][4]

Under the provisions of the Oranga Tamariki Act 1989 and Oranga Tamariki (Residential Care) Regulations 1996, the OCC had some oversight over Oranga Tamariki (the Ministry of Children), the government department responsible for the well-being of vulnerable children and young people. These responsibilities included encouraging Oranga Tamariki to develop policies and services that meet the welfare needs of children and young people, and receiving reports from Oranga Tamariki inspectors visiting the homes of children in residential care at least once a year.[3]

History

Prior to 2003, the Office of the Children's Commissioner's predecessor was the Commissioner for Children, which was established under Part 9 of the Oranga Tamariki Act 1989 (then known as the Children, Young Persons, and Their Families Act 1989).[3][5] Following the passage of the Children's Commissioner Act 2003, the OCC assumed the functions and responsibilities of the former Commissioner for Children.[4]

Holders of the office have been of differing opinions on the controversy over the autopsy images of Ngatikaura Ngati.

Abolition

In November 2021, the Sixth Labour Government introduced legislation to replace the Children's Commissioner with two new entities: the "Children and Young People's Commission" that would focus on advocacy and an Independent Children's Monitor who would assume the Commissioner's monitoring responsibilities. In addition, the Ombudsman's Office would also expand its portfolio to investigating complaints relating to children. The proposed law change was driven by the Government's concern that the Office of the Children's Commissioner's advocacy role would clash with its monitoring role.[6][7][8]

The Labour Government's plans to replace the Children's Commissioner attracted criticism from the Children's Commissioner Frances Eivers, several children's advocates including Save the Children, former Oranga Tamariki employee Luke Fitzmaurice, "VOYCE – Whakarongo Mai" spokesperson Tupua Urlich, children's advocate Piwi Beard, Manaaki Rangatahi, Barnardos and the Child Poverty Action Group (CPAG). They expressed concerns that the Government's changes would reduce the office's ability to monitor the wellbeing of vulnerable children and advocate for their interests.[6][9][7][10][11] In addition, the Government's changes were opposed by its support partner, the Green Party, and the opposition National, ACT, and Māori parties.[12][13]

Despite vocal civil society and political opposition, the Labour Party was able to use its parliamentary majority to push through two new laws replacing the Children's Commissioner with the Children and Young People's Commission and splitting oversight of the Oranga Tamariki system between the new Independent Monitor and Office of the Ombudsman.[13][14][15]

On 1 July 2023, the Children's Commissioner was dissolved and formally replaced by the Children and Young People's Commission. The last Commissioner Frances Eivers subsequently served as the first Chief Children's Commissioner in the new organisation until 31 October 2023.[16][17]

List of office holders

Name Portrait Term of office Notes
1 Dr Ian Hassall 1989–1994 [18]
2 Laurie O'Reilly 1994–1998 [19][18]
3 The Hon. Roger McClay 1998–2003 [20][21]
4 Dr Cindy Kiro 1 September 2003 – 1 September 2008 [20][22]
5 Dr John Angus April 2009 – June 2011
6 Dr Russell Wills 1 July 2011 – 30 June 2016 [18]
7 Judge Andrew Becroft 1 July 2016 – 1 November 2021 [23][24][25]
8 Judge Frances Eivers 1 November 2021 – present [26][27]

Notes and references

  1. 1 2 3 4 5 "About – Children's Commissioner". Data.govt.nz. New Zealand Government. Archived from the original on 27 February 2021. Retrieved 11 August 2022.
  2. 1 2 3 "Children's Commissioner". Govt.nz. New Zealand Government. Archived from the original on 2 March 2022. Retrieved 11 August 2022.
  3. 1 2 3 4 "Children's Commissioner: Statutory role and function" (PDF). Office of the Children's Commissioner. February 2018. Retrieved 11 August 2022.
  4. 1 2 "Children' Act 2003". Government Bill of 1 December 2020. New Zealand Parliament.
  5. ↑ "Oranga Tamariki Act 1989". Government Bill of 1 July 2021. New Zealand Parliament.
  6. 1 2 Sachdeva, Sam (24 January 2022). "Push to 'save' Children's Commissioner from govt reforms". Newsroom. Archived from the original on 23 January 2022. Retrieved 1 July 2022.
  7. 1 2 Smale, Aaron (26 February 2022). "Former staff critical of Oranga Tamariki bill". Stuff. Archived from the original on 2 August 2022. Retrieved 12 August 2022.
  8. ↑ Doyle, Katie (14 June 2022). "Children's Commissioner slams select committee over Oranga Tamariki oversight Bill". Stuff. Archived from the original on 14 July 2022. Retrieved 12 August 2022.
  9. ↑ Smale, Aaron (19 February 2022). "Oranga Tamariki Oversight Bill under fire: 'They want a lapdog, not a watchdog'". Stuff. Archived from the original on 2 August 2022. Retrieved 12 August 2022.
  10. ↑ Sachdeva, Sam (11 April 2022). "Children's Commissioner: Govt must 'think again' on oversight reforms". Newsroom. Archived from the original on 11 April 2022. Retrieved 1 July 2022.
  11. ↑ Manaaki Rangatahi (22 June 2022). "Oranga Tamariki Oversight Bill Risks Weakening Accountability And Oversight Of Oranga Tamariki". Scoop. Archived from the original on 2 July 2022.
  12. ↑ "Oversight of Oranga Tamariki System and Children and Young People's Commission Bill — Second Reading (continued)". New Zealand Parliament. 27 July 2022. Archived from the original on 12 August 2022. Retrieved 12 August 2022.
  13. 1 2 Palmer, Russell (24 August 2022). "Labour passes Oranga Tamariki reforms despite opposition from other parties". Radio New Zealand. Retrieved 25 August 2022.
  14. ↑ Witton, Bridie (24 August 2022). "Oranga Tamariki oversight bill passes third reading". Stuff. Retrieved 25 August 2022.
  15. ↑ Sepuloni, Carmel (24 August 2022). "Government strengthens oversight for children in state care". Beehive.govt.nz. New Zealand Government. Archived from the original on 3 September 2022. Retrieved 28 September 2022.
  16. ↑ "Government strengthens advocacy for all children with new Commission". Beehive.govt.nz. New Zealand Government. 1 July 2023. Archived from the original on 25 December 2023. Retrieved 3 January 2024.
  17. ↑ "Children's Commissioner no more as new oversight Children and Young People's Commission launches". The New Zealand Herald. 1 July 2023. Archived from the original on 5 August 2023. Retrieved 3 January 2024.
  18. 1 2 3 "About the Commissioner". Office of the Children's Commissioner. 2011. Archived from the original on 12 November 2011. Retrieved 8 October 2011.
  19. ↑ "Obituaries". Law Society. 2 February 1998. Archived from the original on 24 May 2021. Retrieved 8 June 2021.
  20. 1 2 "Dr Cindy Kiro appointed Commissioner for Children". beehive.govt.nz. New Zealand Government. 2011. Retrieved 8 October 2011.
  21. ↑ "McClay stands up for creche children again". Scoop. 2006. Retrieved 12 October 2011. McClay stands up for creche children again
  22. ↑ "Associate Professor Cindy Kiro". Massey University. 2011. Archived from the original on 21 July 2011. Retrieved 8 October 2011. Associate Professor Cindy Kiro
  23. ↑ New Children's Commissioner appointed (Report). Government of New Zealand. 3 May 2016. Archived from the original on 25 April 2017. Retrieved 24 May 2021.
  24. ↑ Kirk, Stacey (3 May 2016). "NZ's Principal Youth Court Judge Andrew Becroft will be next Children's Commissioner". Stuff. Archived from the original on 11 November 2020. Retrieved 24 May 2021.
  25. ↑ "Judge Andrew Becroft, Children's Commissioner". Office of the Children's Commissioner. Archived from the original on 22 January 2019. Retrieved 10 July 2019.
  26. ↑ "New Children's Commissioner Judge Frances Eivers welcomed into role". Radio New Zealand. 1 November 2021. Retrieved 3 November 2021.
  27. ↑ "Statement on the Appointment of Judge Frances Eivers As The Next Childrens Commissioner". Scoop. 8 October 2021. Retrieved 3 November 2021.

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