History
First reading
The Government's Oranga Tamariki Oversight Bill passed its first reading on 16 November 2021 by a margin of 108 to 12 votes. While the ruling Labour Party, opposition National Party, and the ACT Party supported the bill, it was opposed by the Green Party and the Māori Party. The bill was subsequently referred to the Social Services and Community select committee. [9]
Select committee stage
By 26 January 2022, the select committee had received 403 submissions from interested groups and individuals; with 311 opposing the bill and eight supporting the bill. While Labour supported the Oranga Tamariki System Oversight Bill, the National, ACT, and Green parties objected to the bill, citing the large number of opposing submissions and arguing that the Government should wait until the Royal Commission of Inquiry into Historical Abuse in State Care had concluded its hearings. On 13 June 2022, the select committee recommended the bill but specified several amendments including incorporating references to the Treaty of Waitangi, defining "care or custody providers," strengthening the independent monitor's role, and creating the position of Chief Children's Commissioner. [10] In response, Children's Commissioner Judge Frances Eivers criticised the select committee for proceeding with the legislation without waiting for the Royal Commission to conclude its hearings, stating that "to pre-empt that work would be to make a mockery of those who were brave enough to tell their stories." [8]
Second reading
On 27 July 2022, the Oranga Tamariki Oversight Bill passed its second reading by a margin of 65 to 54. While Labour supported the legislation, it was opposed by the National, Green, ACT, and Māori parties. [11]
Committee of the whole house
On 11 August 2022, the Labour Government confirmed it would proceed with the Oranga Tamariki Oversight Bill despite opposition from the ACT, National, Green, and Māori parties. The National Party's child poverty and social development spokesperson Louise Upston stormed out of the debate in protest of the Government's stance on the legislation. Meanwhile, Logie argued for that the continuance of an independent children's ombudsmen in accordance with the principles of the Treaty of Waitangi. Social Development Minister Sepuloni rejected calls from other parties to slow progress on the Oranga Tamariki Oversight Bill, stating that the "Beattie Report" found that the Government needed to act on the issue urgently. Sepuloni also stated that the Government had consulted several children's advocacy groups including VOYCE Whakarongo Mai and adopted some of their recommendations. [12] Following the "committee of the whole House" meeting held on 11 August, the legislation was split into two bills; namely the Oversight of Oranga Tamariki System Act 2022 and the Children and Young People's Commission Act 2022. [2]
Third reading
On 23 August, the Oversight of Oranga Tamariki System Bill and the Children and Young People's Commission Bill passed their third combined reading along party lines; with Labour in favour and National, ACT, Green and Māori parties opposed. [13] In addition, Eivers, several children's advocates including Child Matters, Save the Children, and Social Justice Aotearoa, and the human rights organisations Amnesty International and the Human Rights Commission voiced opposition to the Government's reforms of the Oranga Tamariki oversight system. [4] [5] [14]
Public responses
In response to the Oranga Tamariki Oversight Bill, Save the Children advocacy and research director Jacqui Southey, "VOYCE – Whakarongo Mai" spokesperson Tupua Urlich, children's advocate Piwi Beard, former MSD policy analyst David King, former Oranga Tamariki employee Luke Fitzmaurice, and Children's Commissioner Eivers expressed concerns that the Government's proposed changes would reduce the office's ability to monitor the wellbeing of children and advocate for their interests. [6] [15] [7] [16] Similar opposition to the Bill was echoed by civil society groups such as Manaaki Rangatahi, Barnardos and the Child Poverty Action Group (CPAG), and Save the Children, who expressed concerns that the bill would endanger the well-being of abused and vulnerable children. [17] In late July 2022, Save the Children presented a petition of over 10,000 people opposing the Bill's changes to the Children's Commissioner's role and claimed that the legislation could breach the UN Convention of the Rights of the Child. [18]
On 2 August 2022, former public servant David King and Victoria University of Wellington emeritus Professor of Public Policy Jonathan Boston released a report entitled Improving a System When Young Lives are at Stake. The report argued that establishing the Independent Monitor of Oranga Tamariki as a government department undermined its ability to advocate independently for children and young people. King and Boston argued that the proposed Children and Young People's Commission should be responsible for monitoring, advocacy, and handling complaints. They also urged the Government to wait until the Royal Commission had finished its work before proceeding with the legislation. [19] Following the report's release, ACT Children's Spokesperson Karen Chhour reiterated her opposition to the Bill, stating that the proposed changes would cause young people to lose their trust in the Oranga Tamariki system. Meanwhile, the Green Party's Children Spokesperson Jan Logie expressed concern that the proposed legislation breached the Treaty of Waitangi and the United Nations' Declaration on the Rights of Indigenous Peoples. [20]
Child, Youth and Family, was the government agency that had legal powers to intervene to protect and help children who are being abused or neglected or who have problem behaviour until it was replaced by a new Ministry for Vulnerable Children in April 2017. CYF worked with the Police and the Courts in dealing with young offenders under the youth justice system. It provided residential and care services for children in need of care and protection and for young offenders. CYF assessed people who wished to adopt children and it reported to the Family Court on adoption applications. CYF facilitated the exchange of identifying information for parties to past adoptions. The agency also funded community organisations working with children, young people and their families to support the community's role in protecting and helping children.
The Ministry of Social Development is the public service department of New Zealand charged with advising the New Zealand Government on social policy, and providing social services. MSD is the largest public service department, employing public servants in over 200 locations around New Zealand. MSD delivers its programmes and services through a number of business groups and agencies.
The Oranga Tamariki Act 1989 or Children's and Young People's Well-being Act 1989 is an Act of the New Zealand Parliament that was passed in 1989. The Act's main purpose is to "promote the well-being of children, young persons, and their families and family groups." In June 2017, the New Zealand Parliament passed amendment legislation renaming the bill the Oranga Tamariki Act 1989.
Kelvin Glen Davis is a New Zealand politician. He is a member of the House of Representatives, and was a senior minister in the Sixth Labour Government and the deputy leader of the New Zealand Labour Party from 2017 to 2023.
The Social Policy Research and Evaluation Unit, known as Superu and previously known as the Families Commission, was an autonomous New Zealand Crown entity which undertook social science research and advocated to government on behalf of families. It commenced operating on 1 July 2004 and was disestablished on 30 June 2018.
The Office of the Children's Commissioner was an independent New Zealand Crown entity that was established under the Children's Commissioner Act 2003. Its role has been superseded by Mana Mokopuna - Children and Young People's Commission. OCC's main responsibilities were to protect the rights, health, welfare, and wellbeing of minors under the age of 18 years.
The Children's Commissioner Act 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 (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, which established the Children and Young People's Commission.
A children's ombudsman, children's commissioner, youth commissioner, child advocate, children's commission, youth ombudsman or equivalent body is a public authority in various countries charged with the protection and promotion of the rights of children and young people, either in society at large, or in specific categories such as children in contact with the care system. The agencies usually have a substantial degree of independence from the executive, the term is often used differently from the original meaning of ombudsman, it is often an umbrella term, often used as a translation convention or national human rights institutions, dealing with individual complaints, intervening with other public authorities, conducting research, and – where their mandate permits them to engage in advocacy – generally promoting children's rights in public policy, law and practice. The first children's commissioner was established in Norway in 1981. The creation of such institutions has been promoted by the United Nations Committee on the Rights of the Child, and, from 1990 onwards, by the Council of Europe.
Tracey Anne Martin is a New Zealand former politician. She was a member of the New Zealand House of Representatives between 2011 and 2020, representing the New Zealand First Party.
The youth justice system in New Zealand consists of organisations and processes that deal with offending by children aged 10–13 years and young people aged 14–16 years. These differ from general criminal processes, and are governed by different principles.
Anahila Lose Kanongata'a is a New Zealand social worker and politician. She served as a Member of Parliament for the Labour Party from 2017 to 2023.
Oranga Tamariki, also known as the Ministry for Children and previously the Ministry for Vulnerable Children, is a government department in New Zealand responsible for the well-being of children, specifically children at risk of harm, youth offenders and children of the State. It is the successor agency of the former department, Child, Youth and Family (CYF).
The Royal Commission of Inquiry into Abuse in Care is a royal commission established in 2018 by the New Zealand Government pursuant to the Inquiries Act 2013 to inquire into and report upon responses by institutions to instances and allegations of historical abuse in state care and faith based institutions between 1950 and 2000.
The 53rd New Zealand Parliament was a meeting of the legislature in New Zealand. It opened on 25 November 2020 following the 17 October 2020 general election, and dissolved on 8 September 2023 to trigger the next election. It consisted of 120 members of Parliament (MPs) with five parties represented: the Labour and Green parties, in government, and the National, Māori and ACT parties, in opposition. The Sixth Labour Government held a majority in this Parliament. Jacinda Ardern continued as prime minister until her resignation on 25 January 2023; she was succeeded by Chris Hipkins.
Karen Louise Chhour is a New Zealand politician. She has been a member of parliament for ACT New Zealand since the 2020 general election.
Tureiti Haromi Moxon, Lady Moxon is a New Zealand Māori health leader and campaigner.
Andrew John Becroft is a New Zealand Jurist and Barrister. From 2016 until 2021 Becroft was Children's Commissioner. Prior to that, he practised community law, and was a District Court judge and principal judge of the Youth Court of New Zealand. Throughout his career Becroft has taken a specialist approach to dealing with youth and child offenders and been involved in many organisations and initiatives to support this. During his time as Children's Commissioner, Becroft developed strong public positions of monitoring and advocacy on a range of issues related to the safety of children.
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 "Oversight of the Oranga Tamariki System and Children and Young People's Commission Bill" until it was split into two separate pieces of legislation by the New Zealand Parliament on 11 August 2022. Together, the bill and the companion Oversight of Oranga Tamariki System Act 2022 replaced the Office of the Children's Commissioner, the independent national Children's ombudsman.
The Independent Children's Monitor is a departmental agency within New Zealand's Education Review Office. It was established by the New Zealand Government in 2019 to ensure organisations working with children, young people, and their families were complying with the National Care Standards. On 1 May 2023, its role was expanded to include oversight over the entire Oranga Tamariki system. As of 2023, Arran Jones was the Chief Executive of the Independent Children's Monitor while Nova Banaghan served as the Chief Monitor.
Children and Young People's Commission is an independent Crown entity established by the New Zealand Government in July 2023 as a successor to the former Office of the Children's Commissioner. Like its predecessor, Maka Mokopuna advocates for children's rights in New Zealand, provides advice and guidance to the government and agencies, and lobbies for children in the decision-making process. The Commission consists of the fulltime Chief Children's Commissioner and five part-time Commissioners.
