General measures of implementation: Recommendations
The Commission recommends that the Committee seek the following information from the New
Zealand government:
(a) Further to its 2019 UPR statement, information regarding any concrete measures the New
Zealand government has taken towards considering whether to accede to the OPCP and
remove the reservations to the Convention.
(b) Details of additional resources, if any, provided to support the current monitoring and coordination of the Convention carried out by the CMG and the DCE Group.
(c) Information on the extent to which the reforms to public services legislation impact upon
current Convention monitoring and co-ordination arrangements and the implementation of
the Child and Youth Wellbeing Strategy.
(d) Information on the extent to which the government’s commitments under the Convention,
other human rights treaties and the SDGs are considered and incorporated into the formation
of wellbeing priorities under Budget Policy Statements.
(e) Details of how Stats NZ intends to incorporate, measure and report progress against the SDG
targets within the Indicators Aotearoa framework.
(f) Details of the data sources that will be used to report on outcomes for children under the Child
and Youth Wellbeing Strategy and the Child Poverty Reduction Act, including whether they
disaggregate data on children by age, sex, disability, geographic location, ethnic origin,
nationality and socioeconomic background.
(g) Information on steps taken to date towards issuing a national plan of action on business and
human rights, including details on how the plan intends to include and address the rights of
children and other vulnerable population groups.
B.
Definition of the child
26.
In the 2016 Concluding Observations, the Committee recommended that the minimum legal age of
marriage be amended to 18. A 2018 amendment to the Marriage Act 1955 retains the minimum
legal age at 16, while introducing a requirement that a marriage involving a 16 or 17-year-old
requires approval from a Family Court judge.24 The judge must consider, among other things:
voluntariness; risks of undue influence or coercion; the views, age and maturity of the young person
as well as parents’ or guardians’ views; and the young person’s interests.25
27.
While this amendment provides a stronger safeguard than previously available, the Commission
considers that, in accordance with the Convention, the Marriage Act should set a minimum age of
18 without exception.26 In 2018 the CEDAW Committee recommended that the New Zealand
government restrict the legal age of marriage to 18 years and only provide for court-approved
24
Marriage Act 1955, section 18
Marriage Act 1955, section 18(4)
26
See the Human Rights Commission submission on the Marriage (Court Consent to Marriage of Minors) Bill
25
https://www.parliament.nz/resource/en-NZ/51SCJE_EVI_BILL_73911_A565358/afe35d47dd363a9e34ef526aac285d8c91c227b7
where the Commission made this point in a submission to Parliament’s Justice and Electoral Select Committee when
the amendment bill was being considered.
7