Children’s Commissioner Act 2022

Preliminary provisions

6: Tiriti o Waitangi/Treaty of Waitangi

You could also call this:

"Respecting the Tiriti o Waitangi/Treaty of Waitangi promise to work with Māori and protect their children's rights."

Illustration for Children’s Commissioner Act 2022

The law wants to respect the Crown's promise to follow the Tiriti o Waitangi and the Treaty of Waitangi. You should know that the Minister must consider a candidate's knowledge of the Tiriti o Waitangi and the Treaty of Waitangi when choosing the Children's Commissioner. The Commissioner's job is to build relationships with Māori groups and make sure Māori children's rights are protected.

The Commissioner must focus on the well-being of Māori children and young people, and work with their whānau, hapū, and iwi. They must also promote Māori participation and leadership, and use Māori approaches when doing their job. The Commissioner can do research to help improve the lives of children and young people, and they must pay special attention to Māori views and ideas.

The Commissioner must talk to Māori groups when making decisions about collecting and using information. There will be a review to check if the Commissioner is working well with Māori groups.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS733136.


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Part 1Preliminary provisions

6Tiriti o Waitangi/Treaty of Waitangi

  1. In order to recognise and respect the Crown’s responsibility to give effect to te Tiriti o Waitangi/the Treaty of Waitangi, and to improve the well-being of children and young people within (without limitation) the context of their whānau, hapū, iwi, and communities,—

  2. section 12(2)(a) requires the Minister, when recommending a candidate for appointment as the Children’s Commissioner, to have regard to the candidate’s knowledge and understanding of te Tiriti o Waitangi/the Treaty of Waitangi, Māori knowledge, and knowledge of, and experience in, tikanga Māori; and
      1. section 14 provides that a nominations panel convened for assessing candidates for appointment as the Commissioner must include people with expertise and experience in Māori leadership; and
        1. section 17(1)(a) provides that the duties of the Commissioner include building and maintaining relationships with hapū, iwi, and Māori organisations, including by—
          1. having a strong focus on the rights, interests, and well-being of Māori children and young people within the context of their whānau, hapū, and iwi:
            1. setting strategic priorities and work programmes that support improved outcomes for Māori children and young people within the context of their whānau, hapū, and iwi:
              1. promoting Māori participation and leadership and te ao Māori approaches in the performance of their functions, as appropriate; and
              2. section 20(f) provides that it is a function of the Commissioner to undertake and promote research into any matter that relates to the rights, interests, or well-being of children and young people, while giving special attention to te ao Māori; and
                1. section 31(3)(a) requires the Commissioner to make reasonable efforts to consult hapū, iwi, and Māori organisations when making information rules relating to the collection, use, and disclosure of information by the Commissioner; and
                  1. clause 19(2)(b) of Schedule 1 requires an independent review of this Act to consider whether the Commissioner is working effectively with hapū, iwi, and Māori organisations.
                    Notes
                    • Section 6(a): replaced, on , by section 18 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                    • Section 6(b): repealed, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                    • Section 6(c): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                    • Section 6(d): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                    • Section 6(d)(iii): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                    • Section 6(e): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                    • Section 6(f): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                    • Section 6(g): replaced, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).