Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

114: Effect of guardianship order

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"What happens when someone is made a guardian of a child or young person by the court"

Illustration for Oranga Tamariki Act 1989

When the court makes an order appointing a person as a guardian of a child or young person under section 110, that person becomes a guardian. They have the same rights and duties as a guardian appointed under section 27 of the Care of Children Act 2004. If the child or young person is already under the court's guardianship, that guardianship is suspended while the new guardian is in charge.

If the court appoints a sole guardian, the rights and duties of other guardians are suspended. The sole guardian has the role of providing day-to-day care for the child or young person, as stated in section 92 of the Care of Children Act 2004. The child or young person is deemed to be in the custody of the sole guardian, unless the court has made a different custody order under section 101.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150451.


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

114Effect of guardianship order

  1. Where the court makes an order under section 110 appointing any person as a guardian of any child or young person (whether as sole guardian or as a guardian in addition to any other person),—

  2. that person shall be a guardian of that child or young person as if that person had been appointed under section 27 of the Care of Children Act 2004; and
    1. if the child or young person is, at the time of the making of the order, under the guardianship of the court under an order made under the Care of Children Act 2004, that guardianship is suspended during the time when the person appointed under section 110 is the guardian (subject to section 117(2)).
      1. Where the court makes an order under section 110 appointing any person as the sole guardian of any child or young person,—

      2. except to the extent that they are preserved by any other order made under this Act, all of the rights, powers and duties of every other person who is the guardian of that child or young person, or who may become a guardian during the time when the person appointed under that section is the guardian, shall be suspended and shall have no effect; and
        1. for the purposes of section 92 of the Care of Children Act 2004,—
          1. the order constitutes an order about the role of providing day-to-day care for the child or young person; and
            1. the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person; and
            2. subject to any custody order made by the court under section 101, the child or young person shall be deemed to have been placed in the custody of that person pursuant to that section, and the provisions of sections 104 to 107, so far as applicable and with all necessary modifications, shall apply accordingly.
              Compare
              • 1974 No 72 s 49(1)
              • 1983 No 129 s 13
              Notes
              • Section 114(1)(a): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
              • Section 114(1)(b): replaced, on , by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).
              • Section 114(1)(b): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
              • Section 114(2)(b): replaced, on , by section 151 of the Care of Children Act 2004 (2004 No 90).