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Children’s Commissioner Act 2022

Inquiries and other matters - Referrals

35: Referral of matters

You could also call this:

"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."

Illustration for Children’s Commissioner Act 2022

When the Commissioner is doing their job under this Act, they might find something that is better handled by someone else. The Commissioner must talk to that person or group right away to figure out what to do. They will decide if the issue should be handled under this Act or not.

If the Commissioner thinks someone else should handle the issue, they will send it to that person or group right away. They will also tell the person who brought the issue to their attention that they are sending it to someone else. The Commissioner can send issues to many different people or groups, including the chief executive of Oranga Tamariki, the Independent Monitor of the Oranga Tamariki System, and an Ombudsman exercising jurisdiction under subpart 2 of Part 2 of the Oversight of Oranga Tamariki System Act 2022 or the Ombudsmen Act 1975.

The Commissioner can also send issues to the Chief Commissioner under the Human Rights Act 1993, the Director-General of Health, the chief executive of Health New Zealand, the Health and Disability Commissioner, the Secretary for Education, a board constituted under subpart 5 of Part 3 of the Education and Training Act 2020, the Commissioner of Police, the Independent Police Conduct Authority, or the Privacy Commissioner. The Commissioner can send issues to any other person or group they think is appropriate. You can find more information about who the Commissioner can send issues to in the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS733227.

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Part 3Inquiries and other matters
Referrals

35Referral of matters

  1. If, when performing functions under this Act, the Commissioner considers that the subject matter relates (whether in whole or in part) to a matter that is more properly within the scope of the functions of a person or body specified in subsection (4), the Commissioner must, without delay, consult that person or body to determine the appropriate means of dealing with the subject matter.

  2. As soon as practicable after consulting the person or body, the Commissioner must determine whether the subject matter should be dealt with, in whole or in part, under this Act.

  3. If the Commissioner determines that the subject matter should be dealt with, in whole or in part, by one of the persons or bodies specified in subsection (4), the Commissioner must, without delay,—

  4. refer the subject matter, or the appropriate part of the subject matter, to that person or body; and
    1. give written notice of the referral to the individual who brought the matter to the Commissioner’s attention.

      1. The persons and bodies are—

      2. the chief executive of Oranga Tamariki:
        1. the Independent Monitor of the Oranga Tamariki System:
          1. an Ombudsman exercising jurisdiction under subpart 2 of Part 2 of the Oversight of Oranga Tamariki System Act 2022 or the Ombudsmen Act 1975:
            1. the Chief Commissioner under the Human Rights Act 1993:
              1. the Director-General of Health:
                1. the chief executive of Health New Zealand:
                    1. the Health and Disability Commissioner:
                      1. the Secretary for Education:
                        1. a board constituted under subpart 5 of Part 3 of the Education and Training Act 2020:
                          1. the Commissioner of Police:
                            1. the Independent Police Conduct Authority:
                              1. the Privacy Commissioner:
                                1. any other person or body that the Commissioner considers appropriate.

                                  Compare
                                  Notes
                                  • Section 35(1): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                  • Section 35(2): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                  • Section 35(3): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                  • Section 35(3)(b): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                  • Section 35(4)(g): repealed, on , by section 43 of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
                                  • Section 35(4)(n): amended, on , by section 24 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).