Reprinted as at
1 December 2020
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Children’s Commissioner Act 2003
Part 2 s 19
Duties
[Repealed]
Section 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
115).
Provisions relating to investigations
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Commissioner’s investigations must have regard to rights or interests and
welfare of children
In conducting an investigation, the Commissioner must have regard to the
question whether the rights or the welfare and interests of 1 or more children
have been prejudiced.
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Commissioner may not investigate courts or tribunals
(1)
Despite anything in this Act, the Commissioner may not investigate any decision or recommendation, or any act or omission, of a court or a tribunal.
(2)
If any matter is the subject of proceedings before a court or a tribunal, the
Commissioner may not commence or (if the Commissioner has commenced an
investigation) continue an investigation into the matter until the proceedings
are finally determined.
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Referrals of matters to certain statutory officers
(1)
If, in the course of conducting or proposing to conduct an investigation, the
Commissioner considers that the subject matter of the investigation relates, in
whole or in part, to a matter that is more properly within the scope of the functions of one of the statutory officers specified in subsection (4), the Commissioner must, without delay, consult with that officer in order to determine the
appropriate means of dealing with the subject matter.
(2)
As soon as practicable after consulting with the officer concerned, 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 officers specified in subsection (4), the Commissioner must, without delay, refer the subject matter or, as the case requires, the
appropriate part of the subject matter to that officer.
(4)
The statutory officers referred to in subsection (1) are—
(a)
the Chief Commissioner under the Human Rights Act 1993:
(b)
the chief executive of the department for the time being responsible for
the administration of the Oranga Tamariki Act 1989:
(c)
the Commissioner of Police:
(d)
the Health and Disability Commissioner:
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