The Children's Commissioner Act 2003 (Public Act no 121 2003) is an
Act of the
New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand (King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by hi ...
. 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, heal ...
(OCC) and implemented the
United Nations Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
, 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In August 2022, the Children's Commissioner Act was repealed by the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 "Over ...
, which established the
Children and Young People's Commission
A child (plural, : children) is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The legal definition of ''child'' generally refers ...
.
Key provisions
The Children's Commissioner Act 2003 repealed Part 9 of the
Oranga Tamariki Act 1989 (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, heal ...
, which assumed the functions and responsibilities of the Commissioner for Children.
The legislation also establishes the OCC as a
Crown entity under the provisions of the
Crown Entities Act 2004.
Other key provisions include:
*Empowering the
New Zealand Prime Minister 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
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
(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 "Over ...
, 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, heal ...
with the
Children and Young People's Commission
A child (plural, : children) is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The legal definition of ''child'' generally refers ...
.
References
External links
*
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