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Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

111: Person not to be appointed as guardian without consent

You could also call this:

"You must agree to be a guardian before a court can appoint you as one."

Illustration for Oranga Tamariki Act 1989

The court cannot appoint you as a guardian without your consent. You must be told that the court is thinking about making you a guardian. You have the right to go to court and say what you think before the court makes a decision, and you must agree to be a guardian, unless you are the chief executive, as stated in section 110.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150444.

Topics:
Family and relationships > Adoption and guardianship
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110A: Application for change of guardianship order, or

"Asking the court to change who looks after a child"

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112: Chief executive may be appointed as guardian for specific purpose, or

"The chief executive can be your guardian for a specific reason."

Part 2Care and protection of children and young persons
Guardianship orders

111Person not to be appointed as guardian without consent

  1. The court shall not make an order under section 110 appointing any person (other than the chief executive) as a guardian unless—

  2. it gives notice of its intention to consider making the order to that person; and
    1. that person is given an opportunity to appear and be heard by the court before the court makes such an order; and
      1. that person consents to the making of the order.

        Notes
        • Section 111: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).