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Children’s Commissioner Act 2022

Children’s Commissioner

12: Recommendation and endorsement of Commissioner

You could also call this:

"How the Minister chooses the Children's Commissioner"

Illustration for Children’s Commissioner Act 2022

When the Minister is choosing someone to be the Commissioner, you need to know they consider a few things. The Minister looks at the person's knowledge of children's and young people's rights, and their understanding of te Tiriti o Waitangi/the Treaty of Waitangi. They also think about the person's Māori knowledge and their experience with tikanga Māori. The Minister wants to know if the person has the skills to be a good leader as the Commissioner. They also consider what a nominations panel says about the person, as stated in section 13. You should be aware that the person must also be endorsed by a relevant agency, as specified in regulations made under section 37(1)‎(a). The Minister is making a recommendation under section 28(1)‎(b) of the Crown Entities Act 2004, which is about choosing a new Commissioner or reappointing one who has been in the role for six years or more. This process does not change what is said in sections 29 and 30 of the Crown Entities Act 2004. You can find more information about this in the Crown Entities Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS733195.

Topics:
Family and relationships > Children and parentingGovernment and voting > Government departmentsMāori affairs > Treaty of Waitangi
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11: Children’s Commissioner, or

"The Children's Commissioner is a special person who helps keep kids safe and makes sure the government follows rules to support them."

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13: Nominations panel, or

"A group of people who help choose the next Children's Commissioner by assessing candidates and making a recommendation."

Part 2Children’s Commissioner

12Recommendation and endorsement of Commissioner

  1. This section applies when the Minister is making a recommendation under section 28(1)(b) of the Crown Entities Act 2004 relating to—

  2. a candidate who has applied to be appointed as Commissioner; or
    1. the reappointment of a Commissioner who has had continuous service of 6 years or more.

      1. The Minister must have regard to—

      2. the candidate’s—
        1. knowledge of, and experience in, children’s and young people’s rights and issues; and
          1. knowledge and understanding of te Tiriti o Waitangi/the Treaty of Waitangi; and
            1. Māori knowledge; and
              1. knowledge of, and experience in, tikanga Māori; and
              2. the required skills and leadership expertise to carry out the role of Commissioner; and
                1. the recommendation from a nominations panel convened under section 13.

                  1. A candidate applying to be the Commissioner must also have the endorsement of a relevant agency specified in regulations made under section 37(1)(a).

                  2. This section does not limit sections 29 and 30 of the Crown Entities Act 2004.

                  Notes
                  • Section 12: replaced, on , by section 20 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).