The Office of the Children's Commissioner (OCC; ) 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 Its role has been superseded by Mana Mokopuna - Children and Young People's Commission.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.

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The Office of the Children's Commissioner's statutory functions were outlined in the now repealed Children's Commissioner Act 2003, the Oranga Tamariki Act 1989 (formerly known as the Children, Young Persons, and Their Families Act 1989), the Oranga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. 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. 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.

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). Following the passage of the Children's Commissioner Act 2003, the OCC assumed the functions and responsibilities of the former Commissioner for Children. 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. 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. In addition, the Government's changes were opposed by its support partner, the Green Party, and the opposition National, ACT, and Māori parties. 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. 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.

List of office holders

Notes and references