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Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

117: When guardianship orders to cease to have effect

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

A guardianship order made under section 110 stops being in effect when you turn 20 years old or get married or enter into a civil union. It also stops if you get adopted by someone other than your parents. This happens whichever one comes first.

If a court makes a certain order under the Care of Children Act 2004, a guardianship order made under section 110 will stop being in effect. This can happen if the court orders that you will be under the guardianship of the court, or if you were already under the court's guardianship when the order was made.

But if the court says that the guardianship order under section 110 should still be in force, then it will keep being in effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150460.

Topics:
Family and relationships > Adoption and guardianshipFamily and relationships > Children and parentingFamily and relationships > Marriage and partnerships
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116: Review of guardian's decision or refusal to give consent, or

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

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118: Reversion of guardianship on expiry or discharge of guardianship order, or

"What happens to a child's guardianship when a guardianship order ends or is cancelled"

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

117When guardianship orders to cease to have effect

  1. Every guardianship order made under section 110 shall cease to have effect when—

  2. the young person to whom it relates attains the age of 20 years or sooner marries or enters into a civil union; or
    1. the child or young person to whom it relates is adopted by any person other than its parents—
        1. whichever occurs first.

      1. A guardianship order made under section 110 ceases to have effect if, after it is made, a court having jurisdiction under section 31 of the Care of Children Act 2004—

      2. orders that the child or young person to whom the order relates be placed under the guardianship of the court under that Act; or
        1. orders that the child or young person must continue to be under the guardianship of the court, if the child or young person was under the guardianship of the court at the time of the making of the order under section 110.

          1. Subsection (2) does not apply if the court making an order under that subsection orders that a guardianship order under section 110 continues in force.

          Compare
          • 1974 No 72 s 49(7), (8)
          • 1983 No 129 s 13
          Notes
          • Section 117(1)(a): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
          • Section 117(2): replaced, on , by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).
          • Section 117(2): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
          • Section 117(3): replaced, on , by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).