3. New Zealand is a signatory to both the UNCROC and the UNCRPD and therefore is expected to have policy and practice in place that makes provision for the voice of children with disabilities to be heard. New Zealand legislation and policy that relates to both the Conventions themselves and the voices of children with disabilities can be found in the Children, Young Persons and Their Family Act 1989 where section 5(d) refers to: principle that consideration should be given to the wishes of the child or young …the person, so far as those wishes can reasonably be ascertained, and that those wishes should be given such weight as is appropriate in the circumstances, having regard to the age, maturity, and culture of the child or young person. A strengthening of the intent of section 5(d) can be seen in The Children’s Commissioner’s Act 2003, the New Zealand Disability Strategy 2001 (Dalziel, 2001) and the more recent New Zealand Disability Action Plan 2014 (Office for Disability Issues, 2014). Under section 14 of The Children’s Commissioner’s Act 2003 (1)The Commissioner must develop means of consulting with children from time to time for the purpose of ensuring the views of children are taken into account in the exercise or performance of the Commissioner’s functions (other than the Commissioner’s function under section 12(1)(a) or section 13(1)(a). (2)The Commissioner must, where practicable, consult with children, using means developed under subsection (1), before the Commissioner makes any significant recommendation in the exercise or performance of the Commissioner’s functions under section 12(1)(f), (g), (i), or (l) or under section 13(1)(d), or (e). Section 12 of the Act is predominantly about the general functions of the Commissioner and the sections above relate broadly to advocacy and court or welfare proceedings. Section 13 relates to functions in relation to the Children, Young Persons and Their Families Act 1989. The Office of the Children’s Commissioner, set up in response to the 2003 Act, has developed projects and guidelines at hearing children’s voices (see ). This website offers a comprehensive list of resources from other countries that can be adapted for use in New
3. New Zealand is a signatory to both the UNCROC and the UNCRPD and therefore is expected to have policy and practice in place that makes provision for the voice of children with disabilities to be heard. New Zealand legislation and policy that relates to both the Conventions themselves and the voices of children with disabilities can be found in the Children, Young Persons and Their Family Act 1989 where section 5(d) refers to: …the principle that consideration should be given to the wishes of the child or young person, so far as those wishes can reasonably be ascertained, and that those wishes should be given such weight as is appropriate in the circumstances, having regard to the age, maturity, and culture of the child or young person. A strengthening of the intent of section 5(d) can be seen in The Children’s Commissioner’s Act 2003, the New Zealand Disability Strategy 2001 (Dalziel, 2001) and the more recent New Zealand Disability Action Plan 2014 (Office for Disability Issues, 2014). Under section 14 of The Children’s Commissioner’s Act 2003 (1)The Commissioner must develop means of consulting with children from time to time for the purpose of ensuring the views of children are taken into account in the exercise or performance of the Commissioner’s functions (other than the Commissioner’s function under section 12(1)(a) or section 13(1)(a). (2)The Commissioner must, where practicable, consult with children, using means developed under subsection (1), before the Commissioner makes any significant recommendation in the exercise or performance of the Commissioner’s functions under section 12(1)(f), (g), (i), or (l) or under section 13(1)(d), or (e). Section 12 of the Act is predominantly about the general functions of the Commissioner and the sections above relate broadly to advocacy and court or welfare proceedings. Section 13 relates to functions in relation to the Children, Young Persons and Their Families Act 1989. The Office of the Children’s Commissioner, set up in response to the 2003 Act, has developed projects and guidelines at hearing children’s voices (see ). This website offers a comprehensive list of resources from other countries that can be adapted for use in New
Voices-of-Children.DBI-Report.docx