113BEffect of special guardianship order

1. Where a special guardianship order is made in respect of a child or young person, then, whether the special guardian is a sole or additional guardian and despite anything in this section,—

2. the special guardian has custody of the child or young person, and—
   1. no order under section 101 may be made in respect of the child or young person; but
   2. section 114(2)(b) and (c) applies as if the special guardian were a sole guardian; and
3. the order must specify the access and other rights (not being custody or guardianship rights), including any terms and conditions that apply to those rights, of each existing guardian in relation to the child or young person.

4. Where a special guardianship order specifies the access and other rights of any existing guardian,—

5. no existing guardian may apply for an order under section 121(2)(d) or (e) concerning their access or other rights in relation to the child or young person, but any other parent or person may apply for orders under that section in relation to the child or young person, as if the special guardian were a sole guardian; and
6. section 122 applies to any access rights specified in the order as if those access rights had been granted by an order made under section 121.

7. If a person who is appointed as the sole guardian of a child or young person is also appointed as a special guardian, the provisions of this Act relating to sole guardians apply, except that—

8. sections 134 and 135 (about reviewing plans) do not apply to the court plan that was prepared for the purposes of section 128; and
9. despite section 117(1)(a), the order ceases to have effect when the child or young person attains the age of 18 years or sooner marries or enters into a civil union.

10. If a person who is appointed as an additional guardian of a child or young person is also appointed as a special guardian,—

11. the order must set out which guardianship rights (which may include those set out in section 16(2) of the Care of Children Act 2004) are to be held exclusively by the special guardian and which are to be shared between the existing guardian and the special guardian; and
12. the order must require that the existing guardian is informed of any decisions made by the special guardian in the exercise of any guardianship rights held exclusively by the special guardian; and
13. the provisions of this Act relating to additional guardians apply, except as follows:
    1. no existing guardian may apply under section 115 in respect of any guardianship rights held exclusively by the special guardian; and
    2. sections 134 and 135 (about reviewing plans) do not apply to the court plan that was prepared for the purposes of section 128; and
    3. despite section 117(1)(a), the order ceases to have effect when the child or young person attains the age of 18 years or sooner marries or enters into a civil union.

14. Every special guardianship order must require that, if the child or young person to whom the order applies begins to live with anyone other than the special guardian on more than a temporary basis, the special guardian must,—

15. if the child or young person, immediately before the guardianship order was made, was in the custody of the chief executive or a natural person, advise the chief executive; or
16. if the child or young person, immediately before the guardianship order was made, was in the custody of an iwi social service, cultural social service, or the director of a child and family support service, advise that service or director, as appropriate.

17. The obligation on the chief executive imposed by section 7(2)(e) does not apply in respect of a child or young person in respect of whom a special guardianship order is made.

18. If a child or young person has more than 1 existing guardian, or more than 1 special guardian, this section and any other applicable sections must be applied with all necessary modifications to each existing guardian and each special guardian.