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Children’s Commissioner Act 2022

Inquiries and other matters - Reports of interference or non-compliance

34: Commissioner may report interference or non-compliance

You could also call this:

"The Commissioner can report if someone is interfering with their work or not following the rules."

Illustration for Children’s Commissioner Act 2022

The Commissioner can report to a government department or minister if they think someone is interfering with their work or if a department is not doing what they are supposed to do. This can happen if a department does not give the Commissioner information they asked for under section 27, and there is no good reason to keep that information secret. The Commissioner can put this report on their website.

The Commissioner must give the department a chance to respond before they make any negative comments about them in a report. If a report has information that could identify someone, that information must be removed or kept secret unless the person agrees to have their information included or it is in the public interest to include it.

However, if the information could identify a child or young person, it must always be kept secret. The Commissioner can make a report public on their website, but they have to follow these rules to make sure they are fair and respectful.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS733225.

Topics:
Government and voting > Government departmentsFamily and relationships > Children and parentingRights and equality > Privacy
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33: Sharing of information with Monitor and Ombudsman, or

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

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35: Referral of matters, or

"When the Commissioner finds an issue, they send it to someone who can help, like a boss or a special investigator, to make sure it gets sorted out."

Part 3Inquiries and other matters
Reports of interference or non-compliance

34Commissioner may report interference or non-compliance

  1. The Commissioner may report to the chief executive of a department or an agency, or to any Minister responsible for the department or agency, if—

  2. the Commissioner considers there has been interference with the performance of the Commissioner’s functions under this Act; or
    1. the department or agency has not complied with a requirement from the Commissioner to provide information under section 27, and there are no grounds on which the information could be withheld.

      1. The Commissioner may publicly notify the matter on an Internet site maintained by or on behalf of the Commissioner.

      2. However, the Commissioner must not, in any report under this section or any published report, make any comment that is adverse to any department or agency unless the department or agency has first been given a reasonable opportunity to be heard.

      3. If a report prepared under this section contains information that may identify an individual, the information must be redacted or withheld from publication unless—

      4. the individual concerned consents to their personal information being included in the report; or
        1. the Commissioner or the chief executive of the department or agency (as applicable) considers that the public interest in including the personal information in the report outweighs the individual’s privacy interests.

          1. However, the exception in subsection (4) may not be relied on if the information may identify any child or young person.

          Notes
          • Section 34 heading: amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
          • Section 34(1): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
          • Section 34(1)(a): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
          • Section 34(1)(b): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
          • Section 34(2): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
          • Section 34(3): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
          • Section 34(4)(b): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).