π’ Office of the Children's Commissioner
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The Commissioner was appointed by the Governor-General on the advice of the relevant Minister. The Commissioner was able to inquire into any matter affecting children and young people in any service or organisation and had special responsibilities to investigate matters of child abuse and neglect, youth offending, and the actions of the Department of Child, Youth and Family Services. The Commissioner could not however comment on court decisions on individual cases.
As well as the Commissioner, the Office included administration staff and a number of Child Advocates who were involved with inquiries, complaints and individual projects. In 1993 New Zealand signed the United Nations Convention on the Rights of the Child. This brought new work for the Office monitoring and advising on the effect of the Convention on new Government legislation and policies.
In 2003 the Children's Commissioner's Act was passed and this renamed the Commissioner as the Children's Commissioner. This new legislation re-stated the Commissioner's functions and powers and emphasised the Commissioner's primary role as an advocate for children. As well it conferred additional functions and powers on the Commissioner to give better effect in New Zealand to the United Nations Convention on the Rights of the Child. The Act gave the Commissioner express powers to obtain information and documents, and to apply for access to court records, in order to enhance the effectiveness of the Commissioner's investigative and inquiry functions.
The general functions of the Commissioner set out by the 2003 Act included:
investigation of any decisions or recommendations made, or any act done or omitted in respect of any child in that child's personal capacity (with certain exceptions)
promotion of accessible and effective complaint mechanisms for children and to monitor the nature and level of complaints
raising awareness and understanding of children's interests, rights, and welfare
raising awareness and understanding of the U.N. Convention on the Rights of the Child
promotion of research into any matter that related to the welfare of children
acting as an advocate for children's interests, rights, and welfare generally (except before any court or tribunal), and, in that regard, to advance and monitor the application of the Convention by departments of State and other instruments of the Crown
preparation and presentation of reports on any issues in proceedings before any court or tribunal that related to the Convention or to the interests, rights, or welfare of children generally
preparation and presentation of reports, with or without request, to the Prime Minister on matters affecting the rights of children
general inquiries and reports on, any matter, including any enactment or law, or any practice or procedure, that related to the welfare of children.
The Commissioner continued to have some functions related to the Children, Young Persons, and Their Families Act 1989. This included a role to monitor and assess the policies and practices of the Department of Child, Youth and Family and to encourage the development, within the Department, of policies and services that were designed to promote the welfare of children and young persons.
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Show History
The Office of the Commissioner for Children was established under the Children, Young Persons and Their Families Act 1989 to monitor and review Government policy and practice under the Act, and to promote the welfare of children and young people and ensure that their rights were recognised.
The Commissioner was appointed by the Governor-General on the advice of the relevant Minister. The Commissioner was able to inquire into any matter affecting children and young people in any service or organisation and had special responsibilities to investigate matters of child abuse and neglect, youth offending, and the actions of the Department of Child, Youth and Family Services. The Commissioner could not however comment on court decisions on individual cases.
As well as the Commissioner, the Office included administration staff and a number of Child Advocates who were involved with inquiries, complaints and individual projects. In 1993 New Zealand signed the United Nations Convention on the Rights of the Child. This brought new work for the Office monitoring and advising on the effect of the Convention on new Government legislation and policies.
In 2003 the Children's Commissioner's Act was passed and this renamed the Commissioner as the Children's Commissioner. This new legislation re-stated the Commissioner's functions and powers and emphasised the Commissioner's primary role as an advocate for children. As well it conferred additional functions and powers on the Commissioner to give better effect in New Zealand to the United Nations Convention on the Rights of the Child. The Act gave the Commissioner express powers to obtain information and documents, and to apply for access to court records, in order to enhance the effectiveness of the Commissioner's investigative and inquiry functions.
The general functions of the Commissioner set out by the 2003 Act included:
investigation of any decisions or recommendations made, or any act done or omitted in respect of any child in that child's personal capacity (with certain exceptions)
promotion of accessible and effective complaint mechanisms for children and to monitor the nature and level of complaints
raising awareness and understanding of children's interests, rights, and welfare
raising awareness and understanding of the U.N. Convention on the Rights of the Child
promotion of research into any matter that related to the welfare of children
acting as an advocate for children's interests, rights, and welfare generally (except before any court or tribunal), and, in that regard, to advance and monitor the application of the Convention by departments of State and other instruments of the Crown
preparation and presentation of reports on any issues in proceedings before any court or tribunal that related to the Convention or to the interests, rights, or welfare of children generally
preparation and presentation of reports, with or without request, to the Prime Minister on matters affecting the rights of children
general inquiries and reports on, any matter, including any enactment or law, or any practice or procedure, that related to the welfare of children.
The Commissioner continued to have some functions related to the Children, Young Persons, and Their Families Act 1989. This included a role to monitor and assess the policies and practices of the Department of Child, Youth and Family and to encourage the development, within the Department, of policies and services that were designed to promote the welfare of children and young persons.
http://www.occ.org.nz (Accessed 27/08/04)
Report of the Commissioner for Children 2000, 2001, 2002, 2003
Directory of Official Information 1991, 1993-1995, 1997-1999, 2001-2003, 2003-2005
- Children's Commissioner Act 2003
- π Realm of New Zealand (1989 ‑ )