Independent reviewer appointed for oversight of the Oranga Tamariki system

The Minister for Social Development and Employment, Louise Upston has already announced plans to strengthen the oversight of the Oranga Tamariki system by increasing the independence of the Monitor of children's system and re-creating a stand-alone Children's Commissioner.

“The Children and Young People's Commission is changing to a single Commissioner from the current five-member board structure while remaining an Independent Crown Entity. The Independent Children's Monitor will change from a departmental agency hosted by the Education Review Office to an Independent Crown Entity,” Fiona Carter-Giddings says.

“The Minister for Social Development and Employment is supporting this work by bringing forward the independent review of the legislation governing these agencies – the Children and Young People's Commission Act 2022 and Oversight of Oranga Tamariki System Act 2022."

The Minister has brought forward the review to be completed by early 2025, in line with legislation which required it commence prior to mid-2026.

The legislation will be reviewed by MartinJenkins, which will conduct a single combined review with specific considerations given to the functions, duties, and powers of the entities legislated to oversee the Oranga Tamariki System, as set out in their respective Acts.

“MartinJenkins has a wealth of experience in undertaking large, complex, independent reviews for clients across central government, local government, the private sector, and the not-for-profit sector. As a member of the Parliamentary Counsel Office's Legislation Services Panel, the firm is regularly engaged to advise on policy decisions, legislation and institutional design, oversight arrangements, operating models, and service delivery arrangements,” Fiona Carter-Giddings says.

“MartinJenkins will consider as part of the review past feedback and recommendations from other relevant reports and system-level findings; for example the Royal Commission of Inquiry into Abuse in Care and the UN Committee on the Rights of the Child's Concluding Observations.

“The review will also give people an opportunity to have a say on how they think the oversight of the Oranga Tamariki system is working to protect, advocate for and monitor children's and young people's rights.

“The independent statutory review will help inform the Government's proposed reforms, which will bring into effect structural changes to the Monitor and the Commission that have already been announced,” Fiona Carter-Giddings says.

MartinJenkins is expected to present their independent review report to the Minister for Social Development and Employment by the end of January 2025.

Notes to editors

• The Oranga Tamariki system includes several government agencies that are responsible for providing services or support to children, young people, and their families and whānau under the Oranga Tamariki Act 1989.  
• This includes Oranga Tamariki – Ministry for Children, the New Zealand 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 young people.
• The Oversight of Oranga Tamariki System Act 2022 established the Independent Children’s Monitor as the Independent Monitoring Agency of the Oranga Tamariki system and appointed the Ombudsman to investigate issues and handle complaints about Oranga Tamariki and its care or custody providers.
• Draft legislation to enable changes to the Monitor and Commission will be introduced into Parliament later this year.
• The cost of implementing these changes will be met by reallocating existing funding.