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Children’s Commissioner Act 2022

Inquiries and other matters - Sharing of information

33: Sharing of information with Monitor and Ombudsman

You could also call this:

"People who help keep kids safe can share information to do their jobs better and help people."

Illustration for Children’s Commissioner Act 2022

The Commissioner, the Monitor, and an Ombudsman can share information with each other if they think it will help. They might share information to make things easier for people and agencies. They might also share information to help them do their jobs better.

When the Commissioner, the Monitor, or an Ombudsman gets information, they can only use it for certain things. For the Commissioner, this means using the information to do their job. For the Monitor, this means using the information to do their job as set out in the Oversight of Oranga Tamariki System Act 2022. For an Ombudsman, this means using the information to do their job as set out in subpart 2 of Part 2 of the Oversight of Oranga Tamariki System Act 2022 or the Ombudsmen Act 1975.

You can give information to the Commissioner, the Monitor, or an Ombudsman even if they did not ask for it. The Commissioner, the Monitor, or an Ombudsman can say no to a request to share information. This rule is more important than section 21 of the Ombudsmen Act 1975.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS733223.

Topics:
Family and relationships > Children and parentingGovernment and voting > Government departmentsRights and equality > Privacy
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Part 3Inquiries and other matters
Sharing of information

33Sharing of information with Monitor and Ombudsman

  1. The Commissioner, the Monitor, and an Ombudsman may share information with each other if the provider of the information believes either or both of the following apply:

  2. the sharing of the information would minimise the burden on individuals and agencies:
    1. the sharing of the information would assist the Commissioner, the Monitor, or an Ombudsman in the performance of their functions, duties, and powers.

      1. Any information received by the Commissioner, the Monitor, or an Ombudsman under this Act may only be used in connection with,—

      2. in the case of the Commissioner, the performance or exercise of their functions, duties, or powers:
        1. in the case of the Monitor, the performance or exercise of the Monitor’s functions, duties, or powers under the Oversight of Oranga Tamariki System Act 2022:
          1. in the case of an Ombudsman, the exercise of their jurisdiction under subpart 2 of Part 2 of the Oversight of Oranga Tamariki System Act 2022 or the Ombudsmen Act 1975.

            1. Information may be provided under this section whether or not a request has been made.

            2. The Commissioner, the Monitor, or an Ombudsman may decline a request for the sharing of information under this section.

            3. This section overrides section 21 of the Ombudsmen Act 1975.

            Notes
            • Section 33(1): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
            • Section 33(1)(b): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
            • Section 33(2): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
            • Section 33(2)(a): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
            • Section 33(4): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).