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Oranga Tamariki Act 1989

Care and protection of children and young persons - Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004

120: Restriction on making of guardianship and parenting orders under Care of Children Act 2004

You could also call this:

"Some court orders can't be made for kids with existing Oranga Tamariki Act orders"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person with a court order under the Oranga Tamariki Act 1989, some other orders cannot be made under the Care of Children Act 2004. These include orders about who takes care of you, who makes decisions for you, and who you can see. The court can still make some orders if you are subject to an order made under section 78 or section 101 of the Oranga Tamariki Act 1989.

You can find more information about the Care of Children Act 2004 on the New Zealand legislation website. The court's power to make orders under section 31 of the Care of Children Act 2004 is not affected by this rule. This means the court can still make some decisions about your care, even if you have an order under the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150470.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianshipCrime and justice > Courts and legal help
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"What happens to a child's guardianship when their guardian dies"

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121: Court may make orders for access and exercise of other rights by parents and other persons, or

"The court can help you spend time with a child and make decisions about their care."

Part 2Care and protection of children and young persons
Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004

120Restriction on making of guardianship and parenting orders under Care of Children Act 2004

  1. If a child or young person is subject to an order made under section 78 or section 101 or section 110 of this Act, none of the following may be made under the Care of Children Act 2004:

  2. an order in respect of the guardianship of that child or young person; and
    1. an order about the role of providing day-to-day care for that child or young person; and
      1. an order for contact with that child or young person.

        1. Subsection (1) is subject to subsection (2) and section 117(2).

        2. Nothing in subsection (1) affects the power of a court having jurisdiction under section 31 of the Care of Children Act 2004 to make an order under that section in respect of any child or young person who is subject to an order made under section 78 or section 101.

        Notes
        • Section 120 heading: amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
        • Section 120(1): replaced, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
        • Section 120(1A): inserted, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
        • Section 120(2): replaced, on , by section 8 of the Guardianship Amendment Act 1998 (1998 No 48).
        • Section 120(2): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).