26 Jan 2022

Role of Children's Commissioner must remain independent to be effective - commissioner

2:20 pm on 26 January 2022

Past and present Children's Commissioners are voicing concerns over a bill which plans to scrap the Commissioner role.

Children's Commissioner Judge Frances Eivers

Children's Commissioner Judge Frances Eivers Photo: Supplied

The Oversight of Oranga Tamariki System and Children and Young People's Commission Bill would see the role folded into government agencies and replaced with a board.

The current commissioner, Judge Frances Eivers, said she supports the intentions of the bill but told Nine to Noon the role must remain independent from government to be effective.

"I look at the mechanics and look at what's planned and breaking the role of the commissioner down into three separate entities, is going to dilute that advocacy role, in my view," she said.

"The monitor that is being set up to essentially improve systems throughout Oranga Tamariki and ensure that children's rights and their well-being is being properly cared for in the state system - is not independent. That's a key issue for me."

Judge Eivers also said it is unclear how the new system would function without a commissioner.

"[The proposed] board brings in the community and more consultation...but it needs to have a Children's Commissioner named as the head of the board."

"Presently, there is no commissioner named," she said.

Dr Russell Wills, former Children's Commissioner from 2011 to 2016, agreed with Judge Eivers.

Wills believed the intention of the bill is right but a closer look at how the proposal would work in practice was needed.

He told Nine to Noon the role is a fundamental position in the system.

"In my five years of experience, people came to the Children's Commissioner because they are a public figure and they knew that the commissioner was the person to turn to who has got your back," Wills said.

"They'll take your complaint seriously, they're independent and impartial and will handle it well. What's proposed is none of that."

Wills said commissioners act as a check and balance on the government and it is unclear why these changes had been put forward.

The bill is open for public submissions until midnight tonight.

Get the RNZ app

for ad-free news and current affairs