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Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

110: Guardianship orders

You could also call this:

"A court can choose a guardian to care for a child who needs help and protection."

Illustration for Oranga Tamariki Act 1989

If a court thinks a child or young person needs care or protection, it can make an order to appoint a guardian. The court can choose a guardian from a list of people, including the chief executive, an iwi social service, a cultural social service, the director of a child and family support service, or any other person. You can find more information about when the court can do this in section 110A.

The guardian can be the only guardian or one of several guardians. When the court appoints a guardian, it must decide if the guardian will be the sole guardian or an additional guardian.

The director of a child and family support service cannot be the only guardian of a child or young person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150441.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianship
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Part 2Care and protection of children and young persons
Guardianship orders

110Guardianship orders

  1. Where the court is satisfied that a child or young person is in need of care or protection, or on an application referred to in section 110A, it may make an order appointing any of the following persons to be a guardian of the child or young person:

  2. the chief executive:
    1. an iwi social service:
      1. a cultural social service:
        1. the director of a child and family support service:
          1. any other person.

            1. A guardian appointed under subsection (1) must be appointed as—

            2. the sole guardian of the child or young person; or
              1. a guardian of the child or young person in addition to any other guardian.

                1. The director of a child and family support service may not be appointed as the sole guardian of a child or young person.

                2. Repealed
                Notes
                • Section 110: replaced, on , by section 21 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                • Section 110(1): amended, on , by section 64 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                • Section 110(4): repealed, on , by section 14 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).