Families Commission Act 2003

1: Title
This Act is the Families Commission Act 2003.
1: Families Commission
Preliminary matters
2: Commencement
This Act comes into force on 1 July 2004.
3: Purpose of this Act
The purpose of this Act is to—
a: establish the Commission as a Crown entity for the purposes of section 7
b: state the Commission's functions and powers:
c: require the Commission—
i: to have regard to certain matters; and
ii: to comply with certain other obligations. Section 3(a) substituted 25 January 2005 section 200 Crown Entities Act 2004
4: Interpretation
In this Act, unless the context otherwise requires,— Commission section 6 member Minister Section 4 board repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4 Commissioner repealed 25 March 2014 section 4 Families Commission Amendment Act 2014 Section 4 de facto partner de facto relationship repealed 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 4 fees framework repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Act binds the Crown
This Act binds the Crown. Establishment of Commission
6: Commission established
1: This section establishes the Families Commission.
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 6(2) inserted 25 March 2014 section 5 Families Commission Amendment Act 2014 Section 6(3) inserted 25 March 2014 section 5 Families Commission Amendment Act 2014 Commission's functions
7: Commission's main functions
The Commission's main functions are—
a: to act as an advocate for the interests of families generally (the advocacy function
b: to monitor and evaluate programmes and interventions in the social sector, and provide social science research into key issues, programmes, and interventions across that sector (the monitoring, evaluation, and research function Section 7 replaced 25 March 2014 section 6 Families Commission Amendment Act 2014
8: Commission's
advocacy function
1: In order to perform its advocacy function
a: to encourage and facilitate informed debate, by any of the following persons, on matters relating to the interests of families:
i: representatives of government, academic, and community sectors; and
ii: members of the public:
b: to increase public awareness and promote better understanding of matters relating to the interests of families, for example, the following matters:
i: the importance of stable family relationships (including those between parties to a marriage , civil union,
ii: the importance of the parenting role; and
iii: the rights and responsibilities of parents:
ba: to prepare and publish an annual Families Status Report that measures and monitors the well-being of New Zealand families:
c: 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:
d: 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:
e: to stimulate and promote research into any matter relating to the interests of families, for example,—
i: by collecting and disseminating information or research about families:
ii: by advising on areas where further research or information about families should be undertaken or collected:
iii: by entering into contracts or arrangements for research or information about families to be undertaken or collected:
f: 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.
g:
2: The advocacy 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 its advocacy function, the Commission must identify and have regard to factors that help to maintain or enhance either or both of the following:
a: families' resilience:
b: families' strengths. Section 8 heading amended 25 March 2014 section 7(1) Families Commission Amendment Act 2014 Section 8(1) amended 25 March 2014 section 7(2) Families Commission Amendment Act 2014 Section 8(1)﻿(b)﻿(i) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 8(1)﻿(ba) inserted 25 March 2014 section 7(3) Families Commission Amendment Act 2014 Section 8(1)﻿(g) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 8(2) inserted 25 March 2014 section 7(4) Families Commission Amendment Act 2014 Section 8(3) inserted 25 March 2014 section 7(4) Families Commission Amendment Act 2014
8A: Commission's monitoring, evaluation, and research function
1: In order to perform its monitoring, evaluation, and research function, the Commission has the following additional functions:
a: to identify evidence and research that will assist in determining or achieving the Government's policies and priorities in the social sector:
b: to commission social science research in the social sector on behalf of the Government and others:
c: to manage contracts for social science research in the social sector on behalf of the Government and others:
d: to set standards and specify best practice for monitoring and evaluating programmes and interventions in the social sector:
e: to establish and maintain a database of social science research undertaken by or on behalf of the Government.
2: When monitoring or evaluating programmes and interventions as part of its monitoring, evaluation, and research function, the Commission must act independently of the programmes and interventions being monitored or evaluated. Section 8A inserted 25 March 2014 section 8 Families Commission Amendment Act 2014 Other matters to which Commission must have regard
9: Government policy and priorities
Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004
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 civil union,
3: However, persons are not members of a family for the purposes of this section solely because they have as their common objective or one 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. Section 10(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
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—
a: of Māori as tangata whenua:
b: of the Pacific Islands peoples of New Zealand:
c: 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
13: Mechanisms for obtaining views of specified groups
1: In the exercise and performance of its advocacy function and associated powers
a: of Māori as tangata whenua:
b: of the Pacific Islands peoples of New Zealand:
c: of other ethnic and cultural groups in New Zealand:
d: 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:
a: spouses , civil union partners,
b: parents, fathers, and mothers:
c: children and young persons (as defined in section 2(1) Oranga Tamariki Act 1989
d: grandparents and the elderly:
e: caregivers:
f: men and women:
g: providers of social services:
h: academics and researchers interested in matters relating to families:
i: Family Court Judges and other family law specialists:
j: employers and workers. Section 13(1) amended 25 March 2014 section 9 Families Commission Amendment Act 2014 Section 13(2)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 13(2)﻿(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 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,—
a: 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
b: 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 Section 14(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Members of Commission Heading replaced 25 March 2014 section 10 Families Commission Amendment Act 2014
15: Commission is body corporate
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Capacity and powers
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Commission is Crown entity
Section 17 repealed 25 March 2014 section 11 Families Commission Amendment Act 2014
18: Membership of Commission
1: The Commission consists of no more than 7, and no less than 3, members.
2:
3:
4:
5: In addition to the appointment processes and criteria in sections 28 29
a: before appointing a member, notify a vacancy in a manner that enables suitably qualified individuals to apply for appointment; and
b: in appointing a member, take into account the need for members
i: different aspects of matters likely to come before the Commission; and
ii: the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society. Section 18 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 18(2) repealed 25 March 2014 section 12(1) Families Commission Amendment Act 2014 Section 18(3) repealed 25 March 2014 section 12(1) Families Commission Amendment Act 2014 Section 18(4) repealed 25 March 2014 section 12(1) Families Commission Amendment Act 2014 Section 18(5)﻿(b) amended 25 March 2014 section 12(2) Families Commission Amendment Act 2014
18A: Families Commissioner
1: The Minister must appoint 1 member to be the Families Commissioner.
2: The functions of the Families Commissioner are as determined by the Commission. Section 18A inserted 25 March 2014 section 13 Families Commission Amendment Act 2014 Social Science Experts Panel Heading inserted 25 March 2014 section 13 Families Commission Amendment Act 2014
18B: Social Science Experts Panel
1: A Social Science Experts Panel is established.
2: The Panel's function is to provide academic peer review of any research, evaluations, standards, reports, or other publications done or issued by or on behalf of the Commission, and otherwise to provide guidance to the Commission. Section 18B inserted 25 March 2014 section 13 Families Commission Amendment Act 2014
18C: Membership of Social Science Experts Panel
1: The Social Science Experts Panel comprises a minimum of 4 members.
2: Each member of the Panel must be appointed by the Commission on the joint recommendation of—
a: the Minister; and
b: the person (if any) appointed as principal adviser to the Prime Minister on science matters or, if there is no such person, the chief executive of the department responsible for science matters.
3: The Commission must appoint 1 member of the Panel to be its chairperson.
4: Every member of the Panel may be appointed for a period of up to 3 years and may be reappointed at the expiry of each term of appointment.
5: Clause 14(2)
6: Clause 15 clause 14(1) Section 18C inserted 25 March 2014 section 13 Families Commission Amendment Act 2014
19: Board's role
Section 19 repealed 25 January 2005 section 200 Crown Entities Act 2004
20: Further provisions relating to members and board
Section 20 repealed 25 January 2005 section 200 Crown Entities Act 2004
21: Accountability of members to Minister
Section 21 repealed 25 January 2005 section 200 Crown Entities Act 2004 Minister's role Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
22: Minister's role
Section 22 repealed 25 January 2005 section 200 Crown Entities Act 2004
23: Minister accountable to House of Representatives
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004 Delegation by board Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
24: Ability to delegate
Section 24 repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Effect of delegation
Section 25 repealed 25 January 2005 section 200 Crown Entities Act 2004
26: Delegate presumed to act in accordance with delegation
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Other matters relating to delegation
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004 Committees of board Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Board may appoint committees
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Membership of committee
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Committee to regulate own procedure
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004 Chief Executive of Commission
31: Appointment of chief executive
1: The board must appoint a chief executive.
2: The chief executive must not be a member.
3: The chief executive is responsible to the board for the efficient and effective administration of the affairs of the Commission, including the appointment of employees.
32: Terms and conditions of chief executive's employment
Section 32 repealed 25 January 2005 section 200 Crown Entities Act 2004
33: Delegation of powers or functions by chief executive
Section 33 repealed 25 January 2005 section 200 Crown Entities Act 2004 Employees of Commission Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
34: Personnel policy: Commission to be good employer
Section 34 repealed 25 January 2005 section 200 Crown Entities Act 2004
35: Establishment of superannuation schemes
Section 35 repealed 25 January 2005 section 200 Crown Entities Act 2004
36: Employees not in service of the Crown
Section 36 repealed 25 January 2005 section 200 Crown Entities Act 2004 Corruption and bribery, and corrupt use of official information Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
37: Members and employees are officials
Section 37 repealed 25 January 2005 section 200 Crown Entities Act 2004 Protections from liability of members and employees Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
38: Protections for members and employees from liabilities of Commission
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Immunity of members and employees from civil liability to third parties
Section 39 repealed 25 January 2005 section 200 Crown Entities Act 2004
40: Indemnity for members and employees for costs from civil and criminal proceedings
Section 40 repealed 25 January 2005 section 200 Crown Entities Act 2004
41: Insurance for members and employees
Section 41 repealed 25 January 2005 section 200 Crown Entities Act 2004
42: Saving of judicial protections from liability
Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004
43: Breach of indemnity and insurance limits
Section 43 repealed 25 January 2005 section 200 Crown Entities Act 2004
44: Definitions for protections from liability
Section 44 repealed 25 January 2005 section 200 Crown Entities Act 2004 Dealings with third parties by Commission Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
45: Method of contracting
Section 45 repealed 25 January 2005 section 200 Crown Entities Act 2004
46: Common seal
Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004
47: Attorneys
Section 47 repealed 25 January 2005 section 200 Crown Entities Act 2004
48: Dealings between Commission and other persons
Section 48 repealed 25 January 2005 section 200 Crown Entities Act 2004 Financial provisions Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
49: Commission's funds
Section 49 repealed 25 January 2005 section 200 Crown Entities Act 2004
50: Bank accounts
Section 50 repealed 25 January 2005 section 200 Crown Entities Act 2004
51: Restrictions on investments
Section 51 repealed 25 January 2005 section 200 Crown Entities Act 2004
52: Restrictions on borrowing
Section 52 repealed 25 January 2005 section 200 Crown Entities Act 2004
53: Restrictions related to trusts and to forming or holding shares or interests in bodies corporate or associations
Section 53 repealed 25 January 2005 section 200 Crown Entities Act 2004
54: Auditor-General to be auditor of Commission
Section 54 repealed 25 January 2005 section 200 Crown Entities Act 2004
55: Tax status: Commission to be public authority
Section 55 repealed 25 January 2005 section 200 Crown Entities Act 2004 Annual report Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
56: Contents of annual report: requirements additional to those of section 41I of Public Finance Act 1989
Section 56 repealed 25 January 2005 section 200 Crown Entities Act 2004 Review of Commission's operations and performance Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
57: Minister may conduct review
Section 57 repealed 25 January 2005 section 200 Crown Entities Act 2004
58: Power to request information in connection with review
Section 58 repealed 25 January 2005 section 200 Crown Entities Act 2004
59: Good reasons for refusing to supply requested information
Section 59 repealed 25 January 2005 section 200 Crown Entities Act 2004 Application of Public Records Act 2005 Heading substituted 21 April 2005 section 67(1) Public Records Act 2005
60: Public Records Act 2005 to apply
The Commission is a public office for the purposes of the Public Records Act 2005 Section 60 substituted 21 April 2005 section 67(1) Public Records Act 2005 Relationship with other enactments, functions, and powers
61: Other enactments, functions, and powers not affected
Nothing in this Act affects functions or powers conferred on any person by any other enactment.
2: Amendments to other Acts
62: Amendments set out in Schedule 4
The Acts listed in Schedule 4