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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 someone to be the Commissioner for children and young people."

Illustration for Children’s Commissioner Act 2022

When the Minister is choosing someone to be the Commissioner, you need to know they are making a recommendation under section 28(1)(b) of the Crown Entities Act 2004. This is for someone who wants to be the Commissioner or for a Commissioner who has been working for 6 years or more and might get their job again. The Minister must think about the person's knowledge of children's and young people's rights, te Tiriti o Waitangi, Māori knowledge, and tikanga Māori.

The Minister also thinks about the skills and leadership the person needs to be the Commissioner. They consider what a nominations panel says under section 13. If you want to be the Commissioner, you must also be endorsed by a relevant agency chosen by regulations made under section 37(1)(a).

This section does not change what sections 29 and 30 of the Crown Entities Act 2004 say.

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This page was last updated on

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

Topics:
Government and voting > Government departmentsFamily and relationships > Children and parentingMāori 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).