needs of tamariki [children] and mokopuna [grandchildren] are neglected and they have no
voice.”127
101.
Corrections Act provisions consider the best interests of the child in decisions to approve placement
of a baby up to 24 months old with a mother in prison.128 There is otherwise limited consideration
of a child’s views and interests and their ongoing relationship with a parent who is subject to the
criminal justice system.
Refugee and migrant children
102.
The government has increased its refugee quota commitments and funding of refugee services since
2016.129 However, there has been no substantive reform to the Immigration Act 2009 to expressly
require consideration of children’s views and best interests in refugee status determination
processes, as recommended by the Committee in 2016.130
103.
Recent migrants and people from refugee backgrounds, including children, were heavily
represented among those killed, injured and bereaved in the Christchurch mosque attacks.
Following the attacks, a number of protective measures were introduced. These included a special
visa category enabling persons present during the attacks (including children), or their immediate
family members, to apply for permanent residency.131
104.
The Commission understands that those affected by the attacks face ongoing difficulties accessing
coordinated support services. While funded support was available to victims via New Zealand’s ACC
scheme, in July 2019, on the advice of the Treasury, the government declined to extend funded
support under the scheme to cover trauma associated with mental injuries suffered by family
members of those who were killed.132
105.
A Royal Commission of Inquiry is due to report later in 2020 with recommendations to prevent
future attacks.133
Employment
106.
New Zealand employment law remains out of step with international standards regarding children.
There has been no move to consider a minimum age of entry into employment. Further, health and
safety at work regulations do not conform with the Convention standards, offering no special
protections to workers aged 16 and 17 in respect of hazardous work.134
Youth justice
107.
Reforms to youth justice legislation introduced by the Oranga Tamariki Act 1989 have brought the
upper age of the youth justice system into general conformity with the Convention. The Commission
127
“Turuki! Turuki! Moving Together”, report of Te Uepū Hāpai i te Ora – the Safe and Effective Justice Advisory
Group, published in December 2019 https://www.safeandeffectivejustice.govt.nz/about-this-work/te-uepu-report/,
page 12.
128
Corrections Act 2004, sections 81A – 81C.
129
From July 2018 New Zealand’s refugee quota increased from 750 to 1,000 people per year. The quota will increase
to 1500 from July 2020. An additional 500 refugees from Syria were resettled in each of the 2016/17 and 2017/18
calendar years, above the quota.
130
CRC/C/NZL/CO/5, paragraph 40
131
New Zealand Immigration, Operational Manual: Residence, S4.30
132
https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12249392
133
https://christchurchattack.royalcommission.nz/
134
Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, Part 4, section 43-48
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