Key functions and responsibilities include advocating for children's rights, advising the government and agencies, advocating for system-level changes, ensuring that children's voices are heard in the public policy process and monitoring places where young people are detained.[2] As part of the Oranga Tamariki (Ministry for Children) oversight system, the Children's Commissioner works with the Office of the Ombudsman and the Independent Children's Monitor to ensure that the various agencies and services working with children uphold children's rights and support their well-being. The Children's Commissioner's partners include Oranga Tamariki, the New Zealand Police, various health and educational organisations, Māori iwi (tribes), hapu (sub-groups), social services, and various non-governmental organisations (NGOs) working with children and young people.[4]
Prior to 2003, 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).[5][7] Following the passage of the Children's Commissioner Act 2003, the OCC assumed the functions and responsibilities of the former Commissioner for Children.[6]
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.[8][9][10]
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.[8][11][9][12][13] In addition, the Government's changes were opposed by its support partner, the Green Party, and the opposition National, ACT, and Māori parties.[14][15]
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.[15][16][17]
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.[18][19]
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