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Oversight of Oranga Tamariki System Act 2022

Information provisions and other matters - Other matters - Referrals

56: Referrals of matters

You could also call this:

"When to send a problem to someone else to help sort it out"

Illustration for Oversight of Oranga Tamariki System Act 2022

When you are dealing with a problem related to Oranga Tamariki, the Monitor or an Ombudsman might be involved. They have certain jobs to do under the Oversight of Oranga Tamariki System Act 2022 or the Ombudsmen Act 1975. If they think a problem is more suitable for someone else to handle, they will talk to that person or group to figure out what to do.

You might be wondering who these other people or groups are. They include the chief executive of Oranga Tamariki, the Children's Commissioner, and other important officials like the Director-General of Health and the Secretary for Education. There are also groups like the Health and Disability Commissioner and the Independent Police Conduct Authority. The Monitor or Ombudsman can refer a problem to any of these people or groups if they think it's the best way to deal with it.

If the Monitor or Ombudsman decides to refer a problem to someone else, they will let you know in writing if you were the one who started the inquiry or complaint. They will also send the problem to the person or group they think is best suited to handle it. This is so that your problem can be dealt with by the right people. The Monitor or Ombudsman will work with people like the Chief Commissioner under the Human Rights Act 1993, or the Commissioner of Police, to make sure your problem is handled properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS591524.

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Part 3Information provisions and other matters
Other matters: Referrals

56Referrals of matters

  1. This section applies when—

  2. the Monitor is performing or exercising their functions, duties, or powers under this Act:
    1. an Ombudsman is performing or exercising their duties or powers under this Act or functions, duties, or powers under the Ombudsmen Act 1975.

      1. If the Monitor or an Ombudsman considers that the subject matter of an inquiry, review, investigation, complaint, or other function relates (whether in whole or in part) to a matter that is more properly within the scope of the functions of a person or body specified in subsection (5), the Monitor or the Ombudsman must, without delay, consult that person or body to determine the appropriate means of dealing with the subject matter.

      2. As soon as practicable after consulting the person or body, the Monitor or the Ombudsman must determine whether the subject matter should be dealt with, in whole or in part, under this Act.

      3. If the Monitor or the Ombudsman determines that the subject matter should be dealt with, in whole or in part, by one of the persons or bodies specified in subsection (5), the Monitor or the Ombudsman must, without delay,—

      4. refer the subject matter, or the appropriate part of the subject matter, to that person or body; and
        1. give written notice of the referral to the individual who initiated the inquiry, review, investigation, or complaint.

          1. The persons and bodies are—

          2. the chief executive of Oranga Tamariki:
            1. the Children’s Commissioner:
              1. the Monitor:
                1. an Ombudsman exercising jurisdiction under the Ombudsmen Act 1975 or this Act:
                  1. the Chief Commissioner under the Human Rights Act 1993:
                    1. the Director-General of Health:
                      1. the chief executive of Health New Zealand:
                          1. the Health and Disability Commissioner:
                            1. the Secretary for Education:
                              1. a board constituted under subpart 5 of Part 3 of the Education and Training Act 2020:
                                1. the Commissioner of Police:
                                  1. the Independent Police Conduct Authority:
                                    1. the Privacy Commissioner:
                                      1. any other person or body that the Monitor or the Ombudsman considers appropriate.

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                                        Notes
                                        • Section 56(5)(b): amended, on , by section 25 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                        • Section 56(5)(h): repealed, on , by section 43 of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).