1Transitional, savings, and related provisions Empowered by s 10
1Provisions relating to this Act as enacted
1Interpretation
In this Part, unless the context otherwise requires,—
commencement means the commencement of the Oversight of Oranga Tamariki System Act 2022
MSD means the Ministry of Social Development.
Transfer of contracts and information
2Transfer of contracts to Monitoring Agency
This clause applies to a contract (other than an employment agreement) that—
- was made between MSD and another person; and
- is identified by MSD and the Monitoring Agency and relates solely to a function, duty, or power of MSD before commencement that becomes a function, duty, or power of the Monitor on and after commencement.
On and after commencement,—
- the contract must be treated as if the Monitoring Agency were the party to the contract instead of MSD; and
- unless the context otherwise requires, every reference in the contract to the MSD must be read as a reference to the Monitoring Agency.
3Transfer of information to Monitoring Agency
Despite anything in any other Act, MSD may transfer to the Monitoring Agency any information held by MSD that is necessary to enable the Monitor to perform their functions or duties or exercise powers under this Act that correspond to functions, duties, or powers that were formerly performed or exercised by MSD.
Information privacy principle 11 set out in section 22 of the Privacy Act 2020 does not apply to the transfer of information from MSD to the Monitoring Agency under subclause (1).
2Provisions relating to Oversight of Oranga Tamariki System Legislation Amendment Act 2025
4Interpretation
In this Part, unless the context otherwise requires,—
amendment Act means Part 1 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025
Aroturuki Tamariki—Independent Children’s Monitor or Aroturuki Tamariki means the Independent Monitoring Agency of the Oranga Tamariki System established under section 23 of the Public Service Act 2020
commencement date means the date on which the amendment Act comes into force
former Monitor means the person holding office as the chief executive of Aroturuki Tamariki immediately before the commencement date
Monitor means the Independent Monitor of the Oranga Tamariki System established by section 12 (as replaced by section 5 of the amendment Act)
relevant legislation means—
- this Act:
- any other legislation under which the Independent Monitor of the Oranga Tamariki System has functions, duties, or powers.
- this Act:
Notes
- Schedule 1 clause 4: inserted, on , by section 10(a) of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
5Disestablishment of Aroturuki Tamariki
Aroturuki Tamariki is disestablished on the commencement date.
Notes
- Schedule 1 clause 5: inserted, on , by section 10(a) of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
6Consequences of disestablishment
On the commencement date,—
- all assets belonging to Aroturuki Tamariki vest in the Monitor; and
- all information and documents held by Aroturuki Tamariki are held by the Monitor; and
- all money payable to or by Aroturuki Tamariki becomes payable to or by the Monitor; and
- all rights, liabilities, contracts, entitlements, and engagements of Aroturuki Tamariki become the rights, liabilities, contracts, entitlements, and engagements of the Monitor; and
- subject to clause 7, every employee of Aroturuki Tamariki becomes an employee of the Monitor on the same terms and conditions that applied to the employee immediately before they became an employee of the Monitor; and
- anything done, or omitted to be done, or that is to be done, by or in relation to the former Monitor or Aroturuki Tamariki is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to the Monitor; and
- proceedings that may be commenced, continued, or enforced by or against the former Monitor or Aroturuki Tamariki may instead be commenced, continued, or enforced by or against the Monitor without amendment to the proceedings; and
- a matter or thing that could, but for this clause, have been completed by Aroturuki Tamariki may be completed by the Monitor.
The transfer of information from Aroturuki Tamariki to the Monitor under subclause (1) does not constitute an action that is a breach of information privacy principle 8 or 11 (as set out in section 22 of the Privacy Act 2020).
For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994), Aroturuki Tamariki and the Monitor are treated as the same person.
The disestablishment of Aroturuki Tamariki does not, by itself, affect any of the following matters:
- any decision made, or anything done or omitted to be done, by the former Monitor in relation to the performance or exercise of the former Monitor’s functions, powers, or duties under the relevant legislation:
- any proceedings commenced by or against the former Monitor or Aroturuki Tamariki:
- any other matter or thing arising out of the former Monitor’s performance or exercise, or purported performance or exercise, of their functions, powers, or duties under the relevant legislation.
Nothing in subclause (1)(e) applies to the former Monitor (for which clause 9 provides).
Notes
- Schedule 1 clause 6: inserted, on , by section 10(a) of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
7Transfer of employees from Aroturuki Tamariki to Monitor
This clause applies to a person who becomes an employee of the Monitor under clause 6(1)(e) (a transferred employee).
The terms and conditions of employment of a transferred employee immediately before the commencement date continue to apply in relation to that employee until—
- those terms and conditions are varied by agreement between the transferred employee and the Monitor; or
- the transferred employee accepts a subsequent appointment with the Monitor.
For the purposes of all legislation and every law, determination, contract, and agreement relating to the employment of a transferred employee,—
- the employment agreement of that employee is to be treated as unbroken; and
- the employee’s period of service with Aroturuki Tamariki, and every other period of service of that employee that is recognised by Aroturuki Tamariki as continuous service, is to be treated as a period of service with the Monitor.
To avoid doubt, the employment of a transferred employee by the Monitor does not—
- constitute new employment for the purposes of the Holidays Act 2003 or the KiwiSaver Act 2006 or any service-related benefits (whether legislative or otherwise):
- treat the transferred employee as a new employee for the purposes of the Employment Relations Act 2000.
A transferred employee is not entitled to receive any payment or benefit from Aroturuki Tamariki or the Monitor on the grounds that the person’s position in Aroturuki Tamariki has ceased to exist or the person has ceased to be an employee of Aroturuki Tamariki as a result of their transfer to the Monitor.
This clause overrides—
- Part 6A of the Employment Relations Act 2000; and
- any employment protection provision in any relevant employment agreement.
Notes
- Schedule 1 clause 7: inserted, on , by section 10(a) of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
8Government Superannuation Fund
This clause applies to a person who, immediately before becoming an employee of the Monitor, was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956.
For the purposes of the Government Superannuation Fund Act 1956, the person is treated as being employed in the Government service as long as the person continues to be an employee of the Monitor.
The Government Superannuation Fund Act 1956 applies in all respects as if the person’s service as an employee of the Monitor were Government service.
Subclause (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.
For the purpose of applying the Government Superannuation Fund Act 1956, the Monitor is the controlling authority.
Notes
- Schedule 1 clause 8: inserted, on , by section 10(a) of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
Chief executive of Monitor
9First chief executive of Monitor
On the commencement date, the person who held office as the chief executive of Aroturuki Tamariki immediately before that date is taken to have been appointed as the first chief executive of the Monitor—
- for a term starting on 1 August 2025 and ending with the close of 31 July 2026; and
- on the same terms and conditions of employment that applied to the person immediately before the commencement date.
For the purposes of all legislation and every law, determination, contract, and agreement relating to the person’s employment with the Monitor,—
- the employment agreement of that person is to be treated as unbroken; and
- the person’s period of service with the Public Service Commissioner, and every other period of service of that person that is recognised by the Public Service Commissioner as continuous service, is to be treated as a period of service with the Monitor.
To avoid doubt, the appointment of the person as the first chief executive of the Monitor does not—
- constitute new employment for the purposes of the Holidays Act 2003 or the KiwiSaver Act 2006 or any service-related benefits (whether legislative or otherwise):
- treat the person as a new employee for the purposes of the Employment Relations Act 2000.
The person is not entitled to receive any payment or benefit from the Public Service Commissioner or the Monitor on the grounds that the person’s position in Aroturuki Tamariki has ceased to exist or the person has ceased to be an employee of the Public Service Commissioner as a result of their transfer to the Monitor.
This clause overrides—
- section 117 of the Crown Entities Act 2004; and
- Part 6A of the Employment Relations Act 2000; and
- any employment protection provision in any relevant employment agreement.
Notes
- Schedule 1 clause 9: inserted, on , by section 10(a) of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
References to former Monitor and Aroturuki Tamariki
10References to former Monitor and Aroturuki Tamariki
On and after the commencement date, a reference to the former Monitor or Aroturuki Tamariki in any legislation, notice, instrument, contract, or other document must be read as a reference to the Monitor.
This clause applies unless the context otherwise requires.
Notes
- Schedule 1 clause 10: inserted, on , by section 10(a) of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
Reviews and reports of former Monitor
11Continuation or completion of reviews and reports by former Monitor
This clause applies to any review or report started by the former Monitor under this Act before the commencement date but not completed by the close of the day before the commencement date.
On and after the commencement date, the review or report may be continued or completed by the Monitor.
Nothing in this clause limits clause 6(1)(h).
Notes
- Schedule 1 clause 11: inserted, on , by section 10(a) of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
Review of amendments to Act
12Review of amendments made by amendment Act
The Minister must arrange for an independent review of the operation and effectiveness of this Act as amended by the amendment Act, including the operation and effectiveness of the Monitor established by section 12 (as replaced by the amendment Act).
The review must consider—
- whether the functions, duties, and powers set out in this Act are supporting the Monitor to give effect to the purpose of this Act; and
- whether the Monitor is—
- working effectively with Ombudsmen and hapū, iwi, and Māori organisations; and
- being effectively supported by agencies and its contracted partners in the Oranga Tamariki system, and whether there is any evidence that the Monitor is being obstructed in performing their functions, duties, or powers under this Act; and
- appropriately resourced to efficiently and effectively discharge its functions, duties, or powers under this Act and to support the resilience of the Oranga Tamariki system; and
- working effectively with Ombudsmen and hapū, iwi, and Māori organisations; and
- whether any amendments to this Act are necessary or desirable; and
- any other matters that the Minister considers appropriate, after consulting the Monitor, the Chief Ombudsman, and other Ministers of the Crown with relevant portfolios, as necessary.
The review must begin no later than 5 years after the commencement date.
The findings of the review must be reported to the Minister.
The Minister must present a copy of the report on the review to the House of Representatives as soon as practicable after receiving the report.
Notes
- Schedule 1 clause 12: inserted, on , by section 10(a) of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).