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Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

116: Review of guardian's decision or refusal to give consent

You could also call this:

"You can ask a court to check a decision made by your guardian if you don't agree with it."

Illustration for Oranga Tamariki Act 1989

If you are a young person, which means you are 14 years or older but not yet 20, you have certain rights. You can ask a court to review a decision made by your guardian if you do not agree with it. The decision must be about something important.

The court can look at the decision and make a new order if they think it is reasonable. If the court gives consent, it is the same as if your guardian had given consent. You can apply to the court if your guardian, who was appointed under section 110 or 113A, makes a decision or refuses to give consent about something important.

The court will review the decision and make an order if they think it is a good idea. This means the court's decision is final and has the same effect as your guardian's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150457.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianshipCrime and justice > Courts and legal help
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"What happens when guardians of a child don't agree"

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117: When guardianship orders to cease to have effect, or

"When a guardianship order stops working for you, like when you turn 20 or get married."

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

116Review of guardian's decision or refusal to give consent

  1. For the purposes of this section young person means a boy or girl of or over the age of 14 years but under 20 years.

  2. Where—

  3. a young person is affected by a decision or by a refusal of consent by a guardian appointed under section 110 or 113A; and
    1. that decision or refusal of consent is in respect of an important matter,—
        1. that young person may apply to the court for a review of that decision or refusal.

      1. Where an application is made under this section in respect of a decision or refusal, the court may, if it thinks it reasonable in the circumstances to do so, review the decision or refusal and make such order in respect of that decision or refusal as it thinks fit.

      2. Any consent given by the court pursuant to this section shall have the same effect as if it had been given by the guardian.

      3. Repealed
      Compare
      • 1968 No 63 s 14
      • 1971 No 149 s 3
      Notes
      • Section 116(2)(a): amended, on , by section 16 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
      • Section 116(5): repealed, on , by section 36 of the Minors (Court Consent to Relationships) Legislation Act 2018 (2018 No 22).