New Zealand Acts

CARE OF CHILDREN ACT 2004

- As at 6 October 2023
- Act 90 of 2004

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary provisions

   3.      Purpose of this Act
   4.      Child's welfare and best interests to be paramount
   5.      Principles relating to child's welfare and best interests
   5A.     Family violence to be taken into account
   6.      Child’s views
   7.      Appointment of lawyer to represent child in proceedings
   7AA.    Lawyer appointed to represent child must explain proceedings to child
   7A.     Lawyers acting for parties
   7B.     Duties of lawyers
   8.      Interpretation
   9.      De facto partner defined
   10.     De facto relationship defined
   11.     Application
   11A.    Transitional, savings, and related provisions
   12.     Act binds the Crown
   13.     Act a code
   14.     Administration of children’s property

   PART 2 - Guardianship and care of children

           SUBPART 1 - Guardianship: responsibility for children, and decisions about children

   15.     Guardianship defined
   16.     Exercise of guardianship
   17.     Child’s father and mother usually joint guardians
   18.     Father identified on birth certificate is guardian
   19.     Father who was not mother’s spouse, civil union partner, or de facto partner may apply to be appointed as guardian
   20.     Declaration that father is guardian because of section 17
           Note
   21.     Who may appoint additional guardian under section 23
   22.     Restrictions on making appointments under section 23
   23.     Appointment of eligible spouse or partner of parent as additional guardian
   24.     Declarations required by section 23(5)(a)
   25.     Appointments under section 23 take effect on approval
   26.     Testamentary guardians
   27.     Court-appointed guardians
   28.     Time at which guardianship ends
   29.     Court may remove guardians
   29A.    Revocation of appointment as guardian
   30.     Concurrent jurisdiction under section 31
   31.     Application to court
   32.     Notice to be given to chief executive in certain cases before Family Court
   33.     Orders of court
   34.     Powers of court
   35.     Further provisions relating to powers of court
   36.     Consent to procedures generally
   37.     Immunity of health practitioners administering certain blood transfusions without consent
   38.     Consent to abortion

           SUBPART 2 - Care of children: making arrangements and resolving disputes

   39.     Purpose of sections 40 to 43
   40.     Agreements between parents and guardians
   41.     Agreements between parents and donors
   42.     Definitions for section 41
   43.     Agreements may be entered into by minors
           Note
   44.     Disputes between guardians
   45.     Family Proceedings Act 1980 dispute resolution provisions apply to certain proceedings
   46.     Certain children may seek review of parent’s or guardian’s decision or refusal to give consent
           Note
   46A.    Consent for de facto relationship
   46B.    Consent where child has no guardian
   46C.    Certain children may seek review of parent's or guardian's decision or refusal to give consent
           Note
   46D.    Meaning of family dispute resolution
   46E.    Family dispute resolution mandatory before commencement of proceedings
   46F.    Family dispute resolution after proceedings commenced
           Note
   46G.    Counselling after proceedings commenced
   46H.    Approval of counselling organisation
   46I.    Suspension or cancellation of approval of counselling organisation
   46J.    Duties of approved counselling organisation
   46K.    Appointment of counsellors
   46L.    Privilege
   46M.    Number of sessions of counselling
   46N.    Counselling fees and expenses
           Note
   46O.    Party may be directed to undertake parenting information programme
           Note
   46P.    Purpose of settlement conferences
   46Q.    Settlement conferences
           Note
   46R.    Disputes between guardians
   47.     Who may apply for parenting order
   47A.    Mandatory statement in applications
   47B.    Mandatory statement and evidence in applications
   48.     Parenting orders
   49.     Interim parenting orders
   49A.    Interim parenting order where parent does not have day-to-day care for, or contact with, child
   49B.    Interim parenting order may become final order on specified date
   49C.    Final parenting orders
   50.     Parenting orders in respect of children of or over 16 years
   51.     Court must consider protective conditions in certain cases
   52.     Court must consider contact arrangements in certain cases
   53.     Orders in proceedings under Family Proceedings Act 1980
   54.     Orders in proceedings under Domestic Violence Act 1995
   55.     Content and explanation of parenting orders
   56.     Variation or discharge of parenting and other orders
   57.     Variation of final parenting order by consent memorandum instead of application
           Note
   57A.    Power to make incidental temporary protection order
           Note
   58.     Interpretation
   59.     Order for supervised contact
   60.     Costs of formal supervised contact
   61.     Matters relevant to question in section 60(4)
   61A.    Court may make orders to ensure safety of child in other cases
   62.     Costs of formal supervised contact
   63.     Purpose and overview of sections 64 to 80
   64.     Guiding consideration and principles
   65.     Request for counselling
   66.     Procedure for request under section 65(1) or (2)
   67.     Registrar may decline requests for counselling and recommend instead applications under section 68
   68.     Court may make certain orders or respond in other ways to contravention of parenting orders
   69.     Court may require parties to attend for hearing of application under section 68
   70.     Ordering party to enter into bond
   71.     Costs of contravention
   72.     Warrant to enforce role of providing day-to-day care for child
   73.     Warrant to enforce order for contact with child
   74.     Further provisions about warrants
   75.     Execution of warrants
   76.     Authority to use faxed copy of warrant
   77.     Preventing removal of child from New Zealand
   77A.    Orders under section 77(3)(c) in respect of children of or over 16 years
   77B.    Orders under section 77(3)(c) may be suspended for specified period
   78.     Contravening parenting or guardianship order
   79.     Resisting execution of warrant
   80.     Taking child from New Zealand

           SUBPART 3 - Enforcing orders internationally

   81.     Registration of overseas parenting orders
   82.     Effect of registration
   83.     Exercise of jurisdiction in respect of child subject to registered overseas parenting order
   84.     Variation or discharge of registered overseas parenting order
   85.     Registered overseas parenting orders not to be enforced in certain circumstances
   86.     Evidence of orders made in overseas countries
   87.     Costs of returning child: order for payment when warrant issued under section 72
   88.     Evidence
   89.     Proof of documents
   90.     Depositions to be evidence
   91.     Prescribed overseas countries
   92.     Enforcement of New Zealand orders overseas
   93.     Restrictions on right to make request under section 92

           SUBPART 4 - International child abduction

   94.     Purpose of this subpart
   95.     Interpretation
   96.     Application of this subpart
   97.     Rights of custody defined
   98.     Contracting States
   99.     Certificates as to Contracting States
   100.    Central Authority for New Zealand
   101.    Courts having jurisdiction to entertain applications under Convention
   102.    Child abducted from New Zealand
   103.    Child abducted to New Zealand
   104.    Authority may request further information
   105.    Application to court for return of child abducted to New Zealand
   106.    Grounds for refusal of order for return of child
   107.    Applications to be dealt with speedily
   108.    Interim powers
   109.    No order or decision about role of providing day-to-day care for child to be made until application determined
   110.    Contact with, and role of providing day-to-day care for, child, if application dismissed
   111.    Request for declaration that child wrongfully removed
   112.    Child outside New Zealand
   113.    Child in New Zealand
   114.    Translation to accompany application
   115.    Evidentiary provisions
   116.    Lawyer to act for applicant
   117.    Preventing concealment of whereabouts of child
   118.    Preventing removal of child to defeat application
   119.    Enforcing order for return of child
   120.    Security for costs, etc
   121.    Costs of returning child: order for payment or refund when order under section 105(2) applied for or made
   122.    Order under section 121 may be lodged in High Court
   122A.   Discharge of order under section 105 for return of child
   123.    Unfounded applications
   124.    Other provisions not affected

   PART 3 - Jurisdictional, procedural, miscellaneous, and saving and transitional provisions

   125.    Jurisdiction of courts
   126.    Personal jurisdiction
   127.    Removal of High Court orders to Family Court
   128.    Evidence
   129.    Court’s power to call witnesses
   130.    Appointment of lawyer to assist court
   131.    Fees and expenses of lawyer appointed under section 7 or 130
   131A.   Advice from chief executive or social worker
   132.    Reports from chief executive or social worker
   133.    Reports from other persons
   134.    Distribution, etc, of reports under sections 132 and 133
   135.    Costs of reports requested under section 133
   135A.   Order requiring reimbursement of costs payments
   135B.   Enforcement of orders made under section 135A
   136.    Court may hear person on child’s cultural background
   137.    Attendance at hearings generally
   138.    Attendance at hearings of persons involved in counselling or conciliation under Family Proceedings Act 1980
   139.    Publication of reports of proceedings
   139A.   Leave required in certain cases to commence substantially similar proceedings
   140.    Power to dismiss proceedings
   141.    Power to restrict commencement of proceedings if vexatious proceedings previously instituted
   142.    Costs
   143.    Appeals to High Court
   144.    Effect of High Court’s order or decision
   145.    Appeal to Court of Appeal
   146.    Rules of court
   147.    Regulations
   148.    Other Acts not affected
   149.    Amendments in Schedule 2
   150.    Amendments in Schedule 3
   151.    Other amendments in Schedule 4
   152.    Repeals
           Note
   153.    Orders under 1968 Act appointing person as guardian
   154.    Declarations under section 6A of 1968 Act as to guardianship of fathers
   155.    Appointments of testamentary guardians under section 7(2) of 1968 Act
   156.    Orders under 1968 Act about guardianship of court
   157.    Orders under 1968 Act about custody
   158.    Orders under 1968 Act about access
   159.    Other references to custody and access under 1968 Act
   160.    Existing proceedings under 1968 Act
   161.    Appointments under section 30 of 1968 Act
   162.    Applications under 1991 Amendment Act
   163.    Appointments under section 23 of 1991 Amendment Act
   164.    Orders saved by section 31(2) of 1991 Amendment Act
           Note
   165.    Proceedings commenced before commencement of this section but not completed
           SCHEDULE 1AA
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4