Source: New Zealand Government
Legislation strengthening independent monitoring and oversight of the children’s system will help better protect young New Zealanders.
The Oversight of Oranga Tamariki System Legislation passed its third reading in Parliament tonight and also gives visibility to the advocacy role of a single Children’s Commissioner.
“By returning to a single Children’s Commissioner, the Bill also makes it crystal clear to children and young people who their advocate is.
“These changes intend to build public trust in independent monitoring and advocacy and improve governance of the oversight of the children’s system by clarifying the roles and responsibilities of the agencies that oversee it.” Social Development and Employment Minister Louise Upston says.
The Oversight of Oranga Tamariki System Legislation Amendment Bill amends the Oversight of Oranga Tamariki System Act 2022 and Children and Young People’s Commission Act 2022, specifically to transition:
- the Monitor from a departmental agency to an independent Crown entity with a small multi-member board; and
- the Children and Young People’s Commission from an independent Crown entity led by a multi-member board to an independent Crown entity led by a single Children’s Commissioner.
“This Bill fulfils a commitment from the ACT-National Coalition agreement and responds to feedback on previous reforms to the oversight of the children’s system in 2022. There is significant public support to strengthen the oversight of the Oranga Tamariki system, and these changes will contribute to that,” Louise Upston says.
“The changes will take effect from 1 August 2025, making it clear to children, young people and their families that the Monitor is independent and separate from government, and that the Children’s Commissioner will advocate effectively for all children and young people.”
The Monitor’s current Chief Executive, Arran Jones, will remain in his role from 1 August 2025 to 31 July 2026 to oversee and support the organisation’s transition.
Current Chief Commissioner of the Children and Young People’s Commission Board, Dr Claire Achmad, also will continue in her role for one year from 1 August 2025.
“Dr Achmad is a respected voice for children and young people. I am confident that she will ensure the interests and concerns of children and young people will continue to be heard in this role,” Louise Upston says.
“During the Committee stage, an important addition to the Bill was made to strengthen accountability for agencies that are the subject of specific reports by the Monitor, by requiring additional reporting measures.
“This additional reporting will give Ministers the ability to take decisive action earlier to ensure relevant agencies are improving compliance and enhancing the wellbeing of children and young people in care.”
Notes to editors:
- Under the Oversight of Oranga Tamariki System Act 2022, the Oranga Tamariki system includes several government agencies and their contracted partners that are responsible for providing services or support to children, young people, and their families and whānau.
- This includes Oranga Tamariki – Ministry for Children, Police, the Ministries of Health, Social Development, Education, and Justice, and the Department of Corrections.
- The Children and Young People’s Commission Act 2022 established the Children and Young People’s Commission, equipping it with the functions, duties, and powers to protect and advocate for the interests and wellbeing of all children under 18 years old and young people over 18 and under 25 years old who are in care or have been in care or custody.
- The Oversight of Oranga Tamariki System Act 2022 established the Independent Children’s Monitor as the monitoring agency of the Oranga Tamariki system and appointed the Ombudsman to investigate issues and handle complaints that relate to services of support delivered by Oranga Tamariki or other care and/or custody providers.
- The Bill does not propose any changes to the roles and responsibilities of the Independent Children’s Monitor, the Children’s Commissioner, or the Ombudsman (in relation to complaints that relate to the Oranga Tamariki system).
- The cost of implementing these changes will be met by reallocating existing funding.
