Harmonisation of laws, policy strategies and co-ordination/monitoring
15.
There have been substantial developments in this area since 2016. On 1 July 2019 the full
amendments to the Oranga Tamariki Act 1989 came into force. These amendments harmonised the
age thresholds of New Zealand’s child protection and youth justice jurisdictions with the
Convention. This addressed what was the most glaring inconsistency between the Convention and
New Zealand’s legal framework, a matter noted by the Committee in each of its periodic reviews of
New Zealand. In addition, as noted in the introduction, the Convention is now directly referenced
in the Oranga Tamariki Act 1989, which provides that a child’s rights under the Convention must be
upheld in decisions made about them.6
16.
Recent amendments to the Children’s Act 2014 also require the government to introduce a policy
strategy “intended to help New Zealand meet its international obligations relating to children,
including those [under the Convention]”.7 This constituted another significant government response
to a long-standing Committee recommendation.8 The Child and Youth Wellbeing Strategy,9
launched in August 2019, is a comprehensive strategy covering 75 actions across 20 government
agencies.
17.
It should be noted that, together, these reforms have discarded the term “vulnerable children” from
the name of the responsible Ministry and the statutory lexicon, as the Committee recommended in
2016.10 The new Ministry is named Oranga Tamariki/Ministry for Children and is overseen by New
Zealand’s first Minister for Children.
18.
The Deputy Chief Executives Group continues to act as the de facto government co-ordinating
mechanism for the Convention11 and, as part of its work, regularly meets with the CMG monitoring
mechanism.12 The status of the DCE Group and its relationship with the CMG remains relatively
informal and is governed by terms of reference rather than a legal instrument. In this sense, the
status quo has remained since 2016, although the profile of the DCE Group and the work of the
CMG is now more visible. There appears to be no immediate plan to change this approach. It is,
however, possible that reforms to New Zealand public service legislation, which seek to introduce
new “inter-operable” ways of working in the public sector, may have some impact upon the current
DCE Group-CMG arrangements.13
Allocation of resources and data collection
19.
Perhaps the most fundamental structural developments that have occurred since the 2016 review
have been the amendments to the government budgetary processes under the Child Poverty
Reduction Act 2018 (CPRA) and the Public Finance (Wellbeing) Amendment Bill.
20.
The CPRA has introduced a Parliamentary reporting mechanism to the annual budgetary process. It
requires annual reporting on progress made towards reducing child poverty and on budgetary
6
Oranga Tamariki Act 1989, section 5(1)(b) – the section also refers, not-exclusively, to children’s rights under the
CRPD
7
Children’s Act 2014, section 6A, which came into force in December 2018.
8
See CRC/C/NZL/CO/5, paragraph 7(a)
9
https://dpmc.govt.nz/our-programmes/child-and-youth-wellbeing-strategy
10
Para 7(b)
11
CRC/C/NZL/CO/5, paragraph 8
12
See paragraph 4 above.
13
Public Service Legislation Bill, Part 2, section 21-39
5