43.
The July 2019 Oranga Tamariki Act amendments also provide that decision-makers under the Act
(including courts) must “[encourage and assist children and young people] wherever practicable, to
participate in and express their views about any proceeding, process, or decision affecting them,
and their views should be taken into account.”47 The equivalent provision under the Care of Children
Act 2004 provides a slightly weaker right of participation, requiring in contrast “reasonable
opportunities” for the child to express views in proceedings under that Act (which regard, among
other things, day-to-day care and guardianship matters).48
44.
The Education and Training Bill currently before Parliament provides that the Minister must make
reasonable efforts to consult with children and young people when developing a statement on
National Education and Learning Priorities (NELP). This carries over a 2018 amendment to the
incumbent Education Act 1989 requiring this consultation.49 As referred to above in paragraph 30,
the Office of the Children’s Commissioner has undertaken independent consultation with children,
which contributed to the NELP process.
General principles: Recommendations
The Commission recommends that the Committee seek the following information from the New
Zealand government:
(a) An account of progress made under the Child and Youth Wellbeing Strategy in respect of
outcomes for Māori and Pacific children, disabled children, and children with a disabled
parent, guardian, or caregiver.
(b) All other legislative and policy measures taken that specifically seek to address disparities
experienced by Maori and Pacific children, children belonging to ethnic minorities, refugee
children, migrant children, children with disabilities and LGBTI children.
(c) Any specific measures, including protective measures, taken to counter hate speech and
discrimination towards children from ethnic and religious minorities since the 15 March 2019
Christchurch mosque attacks.
(d) The procedures regarding the application of the “child-related principles” under s6C of the
Children’s Act 2014 when making decisions under that legislation.
(e) The number of times assessments made under the Child Impact Assessment tool are referred
to in regulatory impact statements, departmental disclosure statements, cabinet papers and
other government documentation regarding formation of policy and legislation that affects
children.
(f) Details of training for government officials on children’s rights, the Convention and the use of
the Child Impact Assessment tool, including numbers of attendees.
(g) All measures taken under the Suicide Prevention Strategy 2019–2029, the Suicide Prevention
Action Plan 2019–2024 and by the Suicide Prevention Office directed at reducing child and
youth suicide rates, including suicide rates for Māori children and youth aged 10-24.
47
Oranga Tamariki Act 1989 section 5(1)(a)
Care of Children Act 2004, section 6
49
Education Act 1989, section 1A(4) – inserted by section 4(3) of the Education (National Education and Learning
Priorities) Amendment Act 2018 (2018 No 43).
11
48