Office of the Children's Commissioner
The Office of the Children's Commissioner (OCC; Māori: Manaakitia A Tatou Tamariki) is an independent New Zealand Crown entity that was established under the Children's Commissioner Act 2003. Its main responsibilities are 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 are outlined in the 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 include:
- Protecting the rights, health, welfare, and wellbeing of children and young people under the age of 18 years.[1][2]
- Monitoring the services provided under the Oranga Tamariki Act 1989.[1]
- Developing the means of consultation with children.[1]
- Promoting the implementation of the United Nations Convention on the Rights of the Child.[1][2]
As the equivalent of office known as the Children's Ombudsman in several countries, the OCC conducts investigations as to whether the rights or welfare of a child or children have been prejudiced. Their investigations can cover almost anything except courts and tribunals. The Children's Commissioner has the power to require information or documentation as part of their investigation.[3][4]
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.[citation needed]
In November 2021, the Sixth Labour Government introduced the Oversight of the Oranga Tamariki System and Children and Young People's Commission Bill which proposed replacing the Children's Commissioner with a board made up of three to six people. This bill was developed by the Minister of Social Development Carmel Sepuloni based on advice from Ministry for Social Development (MSD) officials. The Government also intends to establish an Independent Children's Monitor within the Education Review Office to monitor Oranga Tamariki (the Ministry for Children), which would assume the Children's Commissioner's monitoring responsibilities. In addition, the Ombudsman's Office would also expands 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] Save the Children advocacy and research director Jacqui Southey, "VOYCE - Whakarongo Mai" spokesperson Tupua Urlich, children's advocate Piwi Beard, former MSD policy analyst David King, and former Oranga Tamariki Luke Fitzmaurice expressed concerns that the Government's proposed changes would reduce the office's ability to monitor the wellbeing of children and advocate for their interests.[6][8][7]
In April 2022, the Children's Commissioner Judge Frances Eivers urged the Government to reconsider its plans to replace the Children's Commissioner with a board and transfer its monitoring responsibilities to the Education Review Office.[9]
List of office holders
- Ian Hassall, 1989–1994[10]
- Laurie O'Reilly, 1994–1998[11][10]
- Roger McClay, 1998–2003[12][13]
- Cindy Kiro, 1 September 2003–1 September 2008[12][14]
- John Angus, April 2009–June 2011[citation needed]
- Russell Wills, 1 July 2011–30 June 2016[10]
- Andrew Becroft, 1 July 2016–1 November 2021[15][16][17]
- Frances Eivers, 1 November 2021–present[18][19]
Notes and references
- ^ a b c d e "About - Children's Commissioner". Data.govt.nz. New Zealand Government. Archived from the original on 27 February 2021. Retrieved 11 August 2022.
- ^ a b c "Children's Commissioner". Govt.nz. New Zealand Government. Archived from the original on 2 March 2022. Retrieved 11 August 2022.
- ^ a b c "Children's Commissioner: Statutory role and function" (PDF). Office of the Children's Commissioner. February 2018. Retrieved 11 August 2022.
{{cite web}}: CS1 maint: url-status (link) - ^ a b Children' Act 2003 (Government Bill). New Zealand Parliament. 1 December 2020.
- ^ Oranga Tamariki Act 1989 (Government Bill). New Zealand Parliament. 1 July 2021.
- ^ a b Sachdeva, Sam (24 January 2022). "Push to 'save' Children's Commissioner from govt reforms". Newsroom. Archived from the original on 30 January 2022. Retrieved 1 July 2022.
- ^ a b 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.
- ^ 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.
- ^ Sachdeva, Sam (11 April 2022). "Children's Commissioner: Govt must 'think again' on oversight reforms". Newsroom. Archived from the original on 1 July 2022. Retrieved 1 July 2022.
- ^ a b c "About the Commissioner". Office of the Children's Commissioner. 2011. Archived from the original on 12 November 2011. Retrieved 8 October 2011.
- ^ "Obituaries". Law Society. 2 February 1998. Archived from the original on 24 May 2021. Retrieved 8 June 2021.
- ^ a b "Dr Cindy Kiro appointed Commissioner for Children". beehive.govt.nz. New Zealand Government. 2011. Retrieved 8 October 2011.
- ^ "McClay stands up for creche children again". Scoop. 2006. Retrieved 12 October 2011.
McClay stands up for creche children again
- ^ "Associate Professor Cindy Kiro". Massey University. 2011. Archived from the original on 21 July 2011. Retrieved 8 October 2011.
Associate Professor Cindy Kiro
- ^ "New Children's Commissioner appointed" (Document). Government of New Zealand. 3 May 2016.
{{cite document}}: Unknown parameter|access-date=ignored (help); Unknown parameter|archive-date=ignored (help); Unknown parameter|archive-url=ignored (help); Unknown parameter|url=ignored (help) - ^ 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 18 February 2021. Retrieved 24 May 2021.
{{cite news}}:|archive-date=/|archive-url=timestamp mismatch; 11 November 2020 suggested (help) - ^ "Judge Andrew Becroft, Children's Commissioner". Office of the Children's Commissioner. Archived from the original on 22 January 2019. Retrieved 10 July 2019.
- ^ "New Children's Commissioner Judge Frances Eivers welcomed into role". Radio New Zealand. 1 November 2021. Retrieved 3 November 2021.
- ^ "Statement on the Appointment of Judge Frances Eivers As The Next Childrens Commissioner". Scoop. 8 October 2021. Retrieved 3 November 2021.
{{cite web}}: CS1 maint: url-status (link)