Children’s Commissioner no more as new oversight Children and Young People’s Commission launches

Deputy Prime Minister and Social Development Minister Carmel Sepuloni. Photo / Mark Mitchell

The new Children and Young People’s Commission comes into being today, replacing the Office of the Children’s Commissioner and taking on the role of standing up for and advocating for the rights of children and young people.

The move follows a controversial law change last year on oversight of Oranga Tamariki facilities, including taking sole responsibility away from the independent Children’s Commissioner, which critics said meant young people will feel less comfortable coming forward with complaints.

The move was opposed by all parties aside from Labour, and concerns resurfaced this month after allegations of sexual misconduct at two Oranga Tamariki residences involving two staff and at least five young people, sparking police investigations and wider reviews of the facilities.

The second incident only came to light after an unannounced visit by the office of Children’s Commissioner Judge Frances Eivers to a youth justice residence, who said she was relieved to see immediate action but repeated calls for such residences to be shut down and replaced with a system “that’s fit for purpose”.

The Government has hit back strongly at any suggestions the law change has weakened oversight, saying instead there are “more eyes and ears”. Along with advocacy resting with the Children and Young People’s Commission, monitoring will come under the new Independent Children’s Monitor and the Ombudsman will have expanded powers to continue its investigations.

All three will conduct their own visits of facilities and have complaints mechanisms.

Minister for Social Development and Employment Carmel Sepuloni said the changes would ensure children in state care were well served and cared for by the system.

“The new commission is one stepping stone towards ensuring history does not repeat itself, playing a lead role in advocating for children and young people.”

Judge Eivers has been appointed chairwoman and Chief Commissioner until October 31 this year.

She will help provide a smooth transition to the new commission before her planned return to the judiciary, Sepuloni said.

Dr Claire Achmad will become chairwoman and Chief Commissioner from October 31 and will hold the role of deputy chairwoman until then.

Achmad has a PhD in international children’s law and was recently chief executive of Te Pai Ora o Aotearoa - Social Service Providers Aotearoa.

Sepuloni said reviews showed the performance of the care system was not achieving the outcomes for children, young people and families that New Zealanders expect.

“Independent oversight is important because it gives the families of those in state care and the New Zealand public the confidence that those providing care and support to children and young people are working appropriately to keep them safe and make their lives better.

“Our children and young people continue to face complex and wide-ranging challenges spanning across education, health, care and protection, and the justice system.

“The move to a board will provide more effective, representative and meaningful advocacy reflective of children, young people and their whānau, hapū and iwi, and communities.

“Engagement has been robust and strongly contested, but many people’s feedback and submissions have gone on to inform the changes that we’re seeing today.”

The Board of the Children and Young People’s Commission will consist of a chairperson, who will be a full-time Chief Children’s Commissioner, and up to five part-time board members, also known as commissioners.

The Children and Young People’s Commission Board also includes Donna Matahaere-Atariki, Dr Julie Wharewera-Mika, Josiah Tualamali’I and Ronelle Baker. Matahaere-Atariki will succeed Achmad as deputy chairwoman when she vacates the position on October 31.