This article discusses the role of the Children's Commissioner in protecting children from abuse and neglect. New Zealand continues to feature highly in international child abuse and maltreatment statistics, whereby it fails to meet the recommendations set out in the "United Nations Convention on the Rights of the Child" (2003). A number of limitations of the Office of the Children's Commissioner are identified, namely the conflicting duties of advocating for children's rights whilst aiming to fulfil government prerogatives, and the lack of accountability of the Commissioner. The author contends that the Commissioner's role of monitoring Child, Youth and Family Services is compromised by the Office's attachment to the government. The author recommends enhancing the accountability of the Commissioner to help protect the welfare and rights of children.

Otago Law Review 10(4) 2004 : 599-621