Independent Children’s Monitor Board
Chair and Member Position Description
Overview
Candidates are sought for consideration for the Chair and two members of the Board of
the Independent Children’s Monitor (the Monitor), with terms intended to start on 1 July
2025.
Board members will be appointed by the Governor-General on the recommendation of
the Minister for Social Development and Employment. Appointments to the Board will be
subject to the passing of the Oversight of the Oranga Tamariki System Legislation
Amendment Bill (the Bill) into legislation.
The role of the Independent Children’s Monitor
The role of the Monitor is to carry out objective, impartial, and evidence-based
monitoring of the Oranga Tamariki system. Its monitoring activities inform its reports
which are required to:
•
assess how the Oranga Tamariki system supports the rights, interests, and well-
being of children, young people, and their families and whānau who are receiving,
or have previously received, services or support through the oranga tamariki
system
•
assess whether powers used under the Oranga Tamariki Act 1989 are being used
appropriately and consistently
•
support public trust and confidence in the Oranga Tamariki system
•
drive continuous improvement by identifying areas of high performance and areas
for improvement in the Oranga Tamariki system
•
inform understanding of the Oranga Tamariki system and its interface with other
systems
•
support informed decision making.
The Monitor’s objectives and functions are set out in sections 13 and 14 of the
Oversight
of Oranga Tamariki System Act 2022 (the Oversight Act).
The Monitor is one of three agencies that comprise the oversight of the Oranga Tamariki
system (the other two agencies are the Children and Young People’s Commission, which
the Bill proposes to change to the Children’s Commissioner, and the Ombudsman).
Section 7 of the Oversight Act further sets out the duties the Monitor has in common
with the other two agencies in the oversight of system.
The Independent Children’s Monitor transition to a Crown Entity
The role of the
Monitor is currently held by the chief executive who leads a departmental
agency hosted by the Education Review Office. The Bill, introduced in November 2024,
proposes to make the Monitor an independent Crown entity under the Crown Entities Act
2004 governed by a board of three members.
At the time this position description was prepared the Bill is awaiting its second reading
in Parliament. It is intended to have passage of the Bill completed by the end of May
2025.
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The role of the Board
The
Crown Entities Act provides the high-level framework for Crown entity governance
and accountability, including responsibilities of board members, disclosure of interests,
and the roles of responsible Ministers. The Public Service Commission ha
s general
guidance for new Crown entity board members on the frameworks, duties and
expectations for members. A specific induction programme will be provided for the new
Monitor Board.
In providing quality governance, the Board will be expected to ensure the Monitor’s
functions are performed effectively and efficiently, set the Monitor’s overall strategic
direction in line with all relevant legislation, discharge accountability to Parliament and
the Minister for Social Development and Employment, and empower and oversee the
performance of the Monitor’s Chief Executive.
Membership of the Board and appointment terms
The
Bill proposes that the Monitor’s Board have three members. Board members,
including the Chair, are to be appointed by the Governor-General on the recommendation
of the Minister for Social Development and Employment.
The Crown Entities Act 2004 provides for appointments of board members to
independent Crown entities for a term of up to five years. The new Monitor Board’s
members may be appointed for staggered terms to help manage succession planning
and avoid all terms expiring at the same time.
Knowledge, expertise and experience for members
The Bill proposes that when the responsible Minister is recommending the appointment
of a member to the Board, the Minister must have regard to the need for, on a collective
basis, the Board having knowledge of, and experience in relation to:
• the Oranga Tamariki system
• quality assurance
• data governance.
In addition to the above, we are seeking candidates able to demonstrate:
• public sector governance experience
• change management or board establishment experience
• understanding of issues relating to children and young people, particularly
disability issues relating to children
• a good understanding of audit, performance and monitoring frameworks
• good relationship management experience
• experience and understanding of engaging with Māori.
In line with section 29 of the Crown Entities Act, in addition to the knowledge and
experience outlined above, consideration of the Board’s collective membership will take
into account the desirability of promoting diversity in the membership, including in Māori
representation.
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Knowledge, expertise and experience for the Chair
For the Chair role, we are seeking candidates able to demonstrate:
• extensive governance experience at board level, ideally in the public sector,
including experience as a chairperson
• an understanding of public sector accountability and the role of statutory Crown
entities
• experience successfully leading change management and/or establishing a board
• a strong knowledge of the Monitor’s mandate and relevant audit, performance
and monitoring frameworks and approaches
• strong relationship management and influencing skills, including an ability to build
trusted relationships with iwi and Māori organisations.
The Public Service Commission has more information about the
role of a Crown entity
board chair.
Workload
As a new Board, the Chair and members will, with the input of the Monitor’s senior
leadership, need to develop and agree their annual governance programme, with an
expectation of six to eight regular meetings a year. There will also likely be planning and
strategic workshops, accountability events (such as the regular reviews before select
committee) and relationship building events.
The Board Chair’s time commitment is anticipated to be up to 4-6 days per month
although this may be higher in the early stage of the Board’s establishment.
The time commitment for the other Board members is anticipated to be up to 2-4 days
per month, although this may also be higher in the early stage of the Board’s
establishment.
Please note that the above are monthly averages measured in total days. The actual
time commitment will vary across the year and may not involve whole days.
Remuneration
As an independent Crown entity, Board Chair and member remuneration will be set by
the
Remuneration Authority. Actual and reasonable travel and other expenses incurred carrying out the role of Board
Chair or member will be paid in accordance with the
Cabinet Fees Framework.
Position description date: February 2025
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Appendix: Additional information for applicants
Appointment considerations
Under section 29(2) of the Crown Entities Act 2004, a responsible Minister:
•
may only appoint a person who, in the responsible Minister's opinion, has the
appropriate knowledge, skills, and experience to assist the statutory entity to
achieve its objectives and perform its functions
•
subject to the above, in making an appointment, must take into account the
desirability of promoting diversity in the membership of Crown entities.
People disqualified for appointment
The following people are
disqualified from being a member of the Monitor’s Board
under section 30 of the Crown Entities Act 2004:
•
a person who is an undischarged bankrupt
•
a person who is prohibited from being a director or promoter of, or being
concerned or taking part in the management of, an incorporated or unincorporated
body under the
Companies Act 1993, or the Financial Markets Conduct Act 2013, or
the Takeovers Act 1993
•
a person who is subject to a property order under the
Protection of Personal and
Property Rights Act 1988
•
a person who has been convicted of an offence punishable by imprisonment for a
term of 2 years or more, or who has been sentenced to imprisonment for any other
offence, unless that person has obtained a pardon, served the sentence, or
otherwise suffered the penalty imposed on the person
•
a member of Parliament
•
a person disqualified under another Act.
Privacy
Board members must not disclose information obtained in their official capacity to any
person, or make use of, or act on, that information, except in the performance of the
entity’s functions, as required or permitted by law.
Appointment Process
The process for appointing to a Crown entity board can take up to four months after the
closure of applications. There are multiple stages for the appointments to the
Independent Children’s Monitor’s Board.
•
Shortlisting of applications: the Ministry of Social Development (the Ministry) will
advise the Minister for Social Development and Employment (the Minister) on the
applications received, who then selects candidates for interview.
•
Interviews: a panel will be convened to interview candidates in person or online.
•
Due diligence: the Ministry will undertake due diligence (covering public profile,
credit, qualification, criminal, and reference checks) to assess the recommended
candidate’s suitability for appointment.
•
Disclosure of interests: the preferred candidates will be asked to disclose interests.
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•
Recommendation to the Minister: the Ministry will brief the Minister on the outcome
of the interviews and recommended candidates.
•
Consultation: once the Minister has selected the candidates who they consider best
meets the needs of the Board, the Minister will consult colleagues as appropriate.
•
Cabinet process: if there are no issues following due diligence and consultation, the
Minister will raise an appointment proposal for consideration by the Cabinet
Appointments and Honours Committee and noting by Cabinet.
•
Appointment by the Governor-General: following completion of Cabinet
consideration, the Minister will provide appointment warrants (and covering
documents) to the Governor-General for their review and signature. Appointment
warrants will then be issued to the successful appointees.
Following completion of the appointment process, a board induction and initial meetings
will be scheduled with the appointees.
Term of appointment (re-appointment, resignation and termination)
Under section 32(1)(b) of the Crown Entities Act 2004, a member of an independent
Crown entity may be appointed for up to five years or any shorter period stated in the
notice of appointment. Re-appointments may be made subject to satisfactory
performance assessment and will be made at the discretion of the responsible Minister.
The appointee may resign from office at any time by written notice to the responsible
Minister. The appointment may be terminated under certain conditions. The Governor-
General may remove members of a board prior to the expiry of their term with just
cause, on the responsible Minister’s advice after consultation with the Attorney-General.
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Document Outline