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Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

119: Guardianship of child or young person on death of person appointed as guardian under this Act

You could also call this:

"What happens to a child's guardianship when their guardian dies"

Illustration for Oranga Tamariki Act 1989

If a person who was appointed as a guardian of a child or young person under the Oranga Tamariki Act 1989 dies, something will happen to the guardianship of that child or young person. You can find out who can be a guardian in section 110 of the Act. If the person who died was the only guardian, the guardianship will go to someone else.

If an iwi social service or a cultural social service was the guardian before the person who died was appointed, the guardianship will go back to that iwi social service or cultural social service. In any other case, the guardianship will go to the chief executive, who will be like the sole guardian of the child or young person. This means the chief executive will have the same responsibilities as the person who died.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150465.

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

119Guardianship of child or young person on death of person appointed as guardian under this Act

  1. On the death of any person (being a person referred to in subsection (1)(e) of section 110) appointed the guardian of a child or young person pursuant to an order made under that section, and who at the time of that person's death was the sole guardian of the child or young person, guardianship of the child or young person shall vest,—

  2. where an iwi social service or a cultural social service was the sole guardian of the child or young person immediately before that person's appointment, in that iwi social service or cultural social service as if that social service had been appointed the sole guardian of the child or young person:
    1. in any other case, in the chief executive as if the chief executive had been appointed the sole guardian of the child or young person.

      Notes
      • Section 119(a): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
      • Section 119(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).