Commission's functions

Commission's functions

7. Commission's main function

1. The Commission's main function is to act as an advocate for the interests of families generally.
2. That function does not include acting as an advocate for the interests of a particular family or particular families in connection with a particular case or issue.
3. In performing that function, the Commission must identify and have regard to factors that help to maintain or enhance either or both of the following:
   
   1. families' resilience:
   2. families' strengths.

8. Commission's additional functions

In order to perform its main function stated in section 7, the Commission has the following additional functions:

1. to encourage and facilitate informed debate, by any of the following persons, on matters relating to the interests of families:
   
   1. representatives of government, academic, and community sectors; and
   2. members of the public:
2. to increase public awareness and promote better under-standing of matters relating to the interests of families, for example, the following matters:
   
   1. the importance of stable family relationships (including those between parties to a marriage[, civil union,] or a de facto relationship); and
   2. the importance of the parenting role; and
   3. the rights and responsibilities of parents:
3. to encourage and facilitate the development and provision, by Ministers of the Crown, departments of State, and other instruments of the Executive Government, of policies designed to promote or serve the interests of families:
4. to consider, and to report and make recommendations on, any matter (for example, a proposed government policy) relating to families that is referred to it by any Minister of the Crown:
5. to stimulate and promote research into any matter relating to the interests of families, for example,—
   
   1. by collecting and disseminating information or research about families:
   2. by advising on areas where further research or information about families should be undertaken or collected:
   3. by entering into contracts or arrangements for research or information about families to be undertaken or collected:
6. to consult with, or to refer a matter to, any 1 or more other official bodies or statutory officers, if the Commission considers it necessary or desirable to do so for the proper performance of any or all of its other functions:
7. Repealed

Other matters

Other matters to which the Commission must have regard

9. Government policy and priorities (Repealed)

10. Diversity of New Zealand families

1. In the exercise and performance of its powers and functions, the Commission must have regard to the kinds, structures, and diversity of families.
2. In this section, family includes a group of people related by marriage, [civil union,] blood, or adoption, an extended family, 2 or more persons living together as a family, and a whanau or other culturally recognised family group.
3. However, persons are not members of a family for the purposes of this section solely because they have as their common objective or 1 of their common objectives the achievement of some outcome of a community, domestic, professional, recreational, social, vocational, or other nature (for example, the commission of offences against any enactment, whether to obtain valuable consideration or not).
4. Subsection (3) is for the avoidance of doubt.

11. Needs, values, and beliefs of particular groups

In the exercise and performance of its powers and functions, the Commission must have regard to the needs, values, and beliefs—

1. of Māori as tangata whenua:
2. of the Pacific Islands peoples of New Zealand:
3. of other ethnic and cultural groups in New Zealand.

12. Relevant international obligations

In the exercise and performance of its powers and functions, the Commission must have regard to New Zealand's international obligations relevant to the interests of families.

Obligation to obtain views of specified groups

Obligation to obtain views of specified groups

13. Mechanisms for obtaining views of specified groups

1. In the exercise and performance of its powers and functions, the Commission must maintain mechanisms (for example, by appointing advisory committees or forming consultation forums) to ensure that there are at all times readily accessible to it the views—
   
   1. of Māori as tangata whenua:
   2. of the Pacific Islands peoples of New Zealand:
   3. of other ethnic and cultural groups in New Zealand:
   4. of groups that represent families, or 1 or more kinds of family members, and of groups that have a particular interest in families or in any 1 or more matters related to the Commission's functions.
2. Examples of groups referred to in subsection (1)(d) are groups that represent the interests of any of the following:
   
   1. spouses[, civil union partners,] and de facto partners:
   2. parents, fathers, and mothers:
   3. children and young persons (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989), and older persons who are under the age of 18 years:
   4. grandparents and the elderly:
   5. caregivers:
   6. men and women:
   7. providers of social services:
   8. academics and researchers interested in matters relating to families:
   9. Family Court Judges and other family law specialists:
   10. employers and workers.

Commission's power to refer communications

Commission's power to refer communications to others

14. Referral to other official bodies or to statutory officers

1. The Commission may refer to another official body or to a statutory officer a communication the Commission has received from a person if, in the Commission's opinion,—
   
   1. the communication relates in whole or in part to a matter that is more properly within the scope of the functions of that body or officer; and
   2. it is in all the circumstances appropriate to do so.
2. The Commission must notify the person of the referral of the communication.
3. Subsection (1) overrides [section 18 of the Crown Entities Act 2004].

Nature and membership of Commission

Nature and membership of Commission, and board's role

15. Commission is body corporate (Repealed)

16. Capacity and powers (Repealed)

[17. Commission is Crown entity

1. The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
2. The Crown Entities Act 2004 applies to the Commission excpet to the extent that this Act expressly provides otherwise.]

[18. Membership of Commission

1. The Commission consists of no more than 7, and no less than 3, members.
2. The Minister must appoint one member to be Chief Commissioner.
3. the Minister may appoint one member to be Deputy Chief Commissioner.
4. The Chief Commissioner is the chairperson of the board of the Commission, and the Deputy Chief Commissioner (if any) is the deputy chairperson of that board, for the purposes of clause 1 of Schedule 5 of the Crown Entities Act 2004.
5. In addition to the appointment processes and criteria in sections 28 and 29 of the Crown Entities Act 2004, the Minister must:
   1. before appointing a member, notify a vacancy in a manner that enables suitably qualified individuals to apply for appointment; and
   2. in appointing a member, take into account the need for Commissioners to have among them a breadth of experience and expertise, and knowledge of, or experience in,-
      1. different aspects of matters likely to come before the Commission; and
      2. the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society.]

19. Board's role (Repealed)

20. Further provisions relating to members and board (Repealed)

21. Accountability of members to Minister (Repealed)

Minister's role

22. Minister's role (Repealed)

23. Minister accountable to House of Representatives (Repealed)