Children's Commissioner Act 2003
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The Children's Commissioner Act 2003 (Public Act no 121 2003) is an Act of the New Zealand Parliament. It reformed the office of the Children's Commissioner as the
Office of the Children's Commissioner The Office of the Children's Commissioner (OCC; mi, 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 ...
(OCC) and implemented the United Nations Convention on the Rights of the Child, which is attached as Schedule 2 of the Act. In August 2022, the Children's Commissioner Act was repealed by the
Children and Young People's Commission Act 2022 The Children and Young People's Commission Act 2022 is a New Zealand Act of Parliament that establishes the Children and Young People's Commission and repeals the Children's Commissioner Act 2003. The Bill was formerly part of the proposed "Overs ...
, which established the Children and Young People's Commission.


Key provisions

The Children's Commissioner Act 2003 repealed Part 9 of the
Oranga Tamariki Act 1989 The Oranga Tamariki Act 1989 or Children's and Young People's Well-being Act 1989 (titled the Children, Young Persons, and Their Families Act 1989 prior to 14 July 2017) is an Act of the New Zealand Parliament that was passed in 1989. The Act' ...
(then known as the Children, Young Persons, and Their Families Act 1989), which had hitherto established the functions and responsibilities of the former "Commissioner for Children." The Children's Commissioner Act created the
Office of the Children's Commissioner The Office of the Children's Commissioner (OCC; mi, 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 ...
, which assumed the functions and responsibilities of the Commissioner for Children. The legislation also establishes the OCC as a
Crown entity A Crown entity (from the Commonwealth term ''Crown'') is an organisation that forms part of New Zealand's state sector established under the Crown Entities Act 2004, a unique umbrella governance and accountability statute. The Crown Entities Act i ...
under the provisions of the
Crown Entities Act 2004 In New Zealand, the Crown Entities Act 2004 is a statute which provides the framework for the establishment, governance, and operation of Crown entities; and to clarify accountability relationships between Crown entities, their board members, ...
. Other key provisions include: *Empowering the
New Zealand Prime Minister The prime minister of New Zealand ( mi, Te pirimia o Aotearoa) is the head of government of New Zealand. The prime minister, Jacinda Ardern, leader of the New Zealand Labour Party, took office on 26 October 2017. The prime minister (informa ...
to recommend the appointment of the Children's Commissioner. *Empowering the Children's Commissioner to investigate decisions, recommendations, policies, and practices relating to the Oranga Tamariki Act 1989. *Empowering the Commissioner to develop a means of consulting with children. *Investigating any decisions made/omitted in respect to any child or young person in their personal capacity. *Promoting the establishment of an effective complaints mechanism for monitoring purposes. *Advocating for children's interests, rights, and welfare. *Raising awareness of the United Nations Convention on the Rights of the Child (UNCROC) and ensure that government agencies apply its provisions. *Undertaking and promoting research on child welfare issues. *Inviting or receiving public representations on children's welfare. *Promoting the participation of children in decisions which affect their lives. *Reporting to the Prime Minister on matters relating to children's rights. *Investigating and reporting on any law, practice or procedure relating to children's welfare. *Commissioners may not investigate courts and tribunals.


History

The Children's Commissioner Act was repealed by the
Children and Young People's Commission Act 2022 The Children and Young People's Commission Act 2022 is a New Zealand Act of Parliament that establishes the Children and Young People's Commission and repeals the Children's Commissioner Act 2003. The Bill was formerly part of the proposed "Overs ...
, which received royal assent on 29 August 2022. The new legislation replaced the
Office of the Children's Commissioner The Office of the Children's Commissioner (OCC; mi, 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 ...
with the Children and Young People's Commission.


References


External links

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Further reading

*{{Cite book, last=Barrington, first=J. M., url=https://www.worldcat.org/oclc/56490910, title=A voice for children : the Office of the Commissioner for Children in New Zealand, 1989-2003, date=2004, publisher=Dunmore Press, isbn=0-86469-459-8, location=Palmerston North .Z.oclc=56490910 Constitution of New Zealand 2003 in New Zealand law Statutes of New Zealand Children's Ombudsmen Ombudsmen in New Zealand Repealed New Zealand legislation