Children's Commissioner Act 2003

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Reprint as at 1 December 2014

Children's Commissioner Act 2003

Public Act2003 No 121
Date of assent25 November 2003
Commencementsee section 2


Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Social Development.


1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purposes

4 Interpretation

5 Act binds the Crown

Part 2
Appointment, functions, and powers of Commissioner

Provisions relating to constitution and appointment of Commissioner

6 Office of Children's Commissioner continued

7 Appointment of Commissioner

8 Appointee must consent to appointment and disclose interests [Repealed]

9 Term of office [Repealed]

10 Removal of officeholder [Repealed]

Functions, powers, and duties of Commissioner

11 Matters to which Commissioner must have regard in exercising functions or powers

12 General functions of Commissioner

13 Functions in relation to Children, Young Persons, and Their Families Act 1989

14 Commissioner to develop means of consulting with children

15 Capacity and powers [Repealed]

16 Duties [Repealed]

Provisions relating to investigations

17 Commissioner's investigations must have regard to rights or interests and welfare of children

18 Commissioner may not investigate courts or tribunals

19 Referrals of matters to certain statutory officers

20 Special powers to call for information or documents

21 Compliance with requirement to provide information or document

22 Commissioner and staff must maintain secrecy

23 Consultation with other statutory officers

24 Access to court records

25 Commissioner must not make adverse comment unless opportunity to be heard is given

26 Commissioner may regulate procedure for investigations

Immunities and privileges

27 Proceedings privileged

Matters of administration

28 Annual report [Repealed]

29 Money to be appropriated for purposes of this Act [Repealed]

30 Provisions applying to Commissioner

Part 3
Transitional and miscellaneous provisions

31 Continuation of office, appointment of Commissioner, and employment of employees

32 Application of Act to matters commenced under Children, Young Persons, and Their Families Act 1989

33 Review of Commissioner's operations and performance [Repealed]

34 Power to request information in connection with review [Repealed]

35 Good reasons for refusing to supply requested information [Repealed]

36 Convention set out in Schedule 2 for information and reference only

37 Consequential amendments

Schedule 1
Provisions applying to Commissioner

Schedule 2
United Nations Convention on the Rights of the Child

Schedule 3
Consequential amendments

Reprint notes