Part 1Preliminary provisions
3Overview
Part 1 states the purpose of this Act and sets out other preliminary provisions.
Part 2 provides for oversight of the Oranga Tamariki system by the Independent Monitor of the Oranga Tamariki System (the Monitor) and for complaints and investigation oversight by Ombudsmen, and contains provisions,—
- in subpart 1,—
- establishing the Monitor:
- stating the objectives of the Monitor and setting out their monitoring function:
- requiring the Monitor to act independently when carrying out their monitoring function and developing their tools and monitoring approaches:
- requiring the Monitor to appoint a Māori Advisory Group:
- requiring the Monitor to make reasonable efforts to enter into arrangements with hapū, iwi, and Māori organisations:
- requiring the Monitor to have a code of ethics relating to their engagement with other people:
- requiring the Monitor to prepare reports on the state of the Oranga Tamariki system, compliance with national care standards regulations, and outcomes for Māori children and young people and their whānau:
- providing a power of entry to authorised employees and staff of the Monitor for the purpose of carrying out monitoring of the Oranga Tamariki system:
- establishing the Monitor:
- in subpart 2, providing Ombudsmen with additional duties and powers when dealing with matters that fall under the Ombudsmen Act 1975 and relate to services or support delivered by Oranga Tamariki and care or custody providers.
Part 3 deals with information and other miscellaneous matters and contains provisions,—
- in subpart 1,—
- relating to collection, use, and disclosure of information by the Monitor under this Act:
- requiring the Monitor to make information rules relating to the collection, use, and disclosure of information by the Monitor:
- providing for the sharing of information under this Act between the Monitor and Ombudsmen:
- providing for the disclosure of information by Ombudsmen to appropriate agencies or persons:
- relating to collection, use, and disclosure of information by the Monitor under this Act:
- in subpart 2,—
- allowing the Monitor to report non-compliance or interference with the performance of their monitoring function to chief executives of departments or agencies and the Minister:
- providing that the Monitor may not review any decision or recommendation, or any act or omission, of a court or tribunal when performing their monitoring function:
- requiring the Monitor to refer certain matters to prescribed persons:
- allowing the Monitor to refer matters to specified persons:
- providing for the making of regulations under the Act.
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- allowing the Monitor to report non-compliance or interference with the performance of their monitoring function to chief executives of departments or agencies and the Minister:
Part 4 makes related amendments to other legislation.
This section is only a guide to the general scheme and effect of this Act.
Notes
- Section 3(3)(b)(vi): repealed, on , by section 11 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).


