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Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

113A: Special guardianship orders

You could also call this:

"A court can appoint a special guardian to give a child a safe and stable home."

Illustration for Oranga Tamariki Act 1989

The court can make a special guardianship order for a child or young person. This order appoints a person as a special guardian to provide a long-term, safe, and nurturing environment. The court makes this order to help the child or young person.

You can be appointed as a special guardian if you are already a guardian under section 110. The court can also make this order when it is making a decision under section 127. The special guardian is appointed to give the child or young person a stable and secure home.

The court will only make a special guardianship order if it is in the best interests of the child or young person. This means the order must provide a long-term, safe, nurturing, stable, and secure environment. You can be a special guardian if the child or young person has no other guardian, or if you are replacing or adding to an existing guardian.

For this purpose, an existing guardian is someone who is already a guardian of the child or young person. This does not include a special guardian, but it does include someone who would be a guardian if the court had not made a different order under section 110. The court considers this when making a decision about a special guardianship order, and also when looking at section 113B.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6890569.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianship
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"Court can set rules to help a child return to their family"

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113B: Effect of special guardianship order, or

"What happens when someone gets a special guardianship order to take care of you."

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

113ASpecial guardianship orders

  1. If a person who is appointed as a sole or additional guardian of a child or young person under section 110 is a natural person, the court may make an order appointing the person as a special guardian of the child or young person (including when the order under section 110 is made at a hearing under section 127).

  2. The court may make an order under this section appointing a person as a special guardian of a child or young person only if—

  3. the appointment is made for the purpose of providing the child or young person with a long-term, safe, nurturing, stable, and secure environment that enhances their interests; and
    1. either—
      1. the child or young person has no other guardian; or
        1. the special guardian either replaces, or is additional to, an existing guardian of the child or young person.

        2. For the purposes of this section and section 113B, existing guardian means any person (other than a special guardian) who is a guardian of the child or young person, or who would be a guardian of the child or young person if the court had not made a guardianship order under section 110.

        Notes
        • Section 113A: inserted, on , by section 22 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
        • Section 113A(1AA): inserted, on , by section 15(1) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
        • Section 113A(1): amended, on , by section 15(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
        • Section 113A(1)(a): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).