New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 23

23 Appointment of eligible spouse or partner of parent as additional guardian

1 An eligible spouse or partner of a parent may be appointed as an additional guardian of a child under this section by the following person or persons, but only if that person is, or those persons are, authorised by section 21 to make the appointment:

a) both parents of the child:

b) a parent of the child:

c) a parent of the child and a guardian of the child.

2 A spouse or partner of a parent is an
"eligible spouse or partner of a parent" in relation to a parent of a child and an appointment under this section only if the parent is making the appointment (either alone, or with the other parent, or a guardian, of the child) and the spouse or partner —

a) shares responsibility for the child’s day-to-day care, and has done so for not less than 1 year; and

b) is not, and has never been, involved in proceedings concerning a child under this Act, a former Act corresponding to this Act, or Part 2 of the Oranga Tamariki Act 1989; and

c) is not, and has never been, either a respondent or an associated respondent in proceedings under the Family Violence Act 2018 ; and

d) has never been convicted of an offence involving harm to a child, including (without limitation),—

i) an offence involving family violence (as defined in section 9 of the Family Violence Act 2018 ), ill-treatment, abuse, neglect, or deprivation in relation to a child; or

ii) an offence against the Films, Videos, and Publications Classification Act 1993 involving a child pornography publication.

3
"Child pornography publication" means a publication that is objectionable (as those terms are defined in section 2 of the Films, Videos, and Publications Classification Act 1993 )—

a) because it promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes; or

b) because of the extent and degree to which, and the manner in which, it—

i) describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both; or

ii) exploits the nudity of children, or young persons, or both.

4 The appointment may be made only if each person making the appointment and the proposed additional guardian—

a) has taken all reasonable steps to ascertain and consider any views on the appointment expressed by the child; and

b) agrees to the appointment in writing.

5 The appointment must be in a form approved by the Secretary (which must include the agreements in writing referred to in subsection (4)(b)), and must be accompanied by—

a) the declarations specified in section 24 ; and

b) the proposed additional guardian’s criminal record.

6
"Criminal record" means a document giving all details recorded in law enforcement information held by or on behalf of the Ministry of Justice of every criminal conviction (if any) of the proposed additional guardian (whether a conviction in New Zealand or overseas).

7 If the proposed additional guardian is an eligible individual (as defined in section 4 of the Criminal Records (Clean Slate) Act 2004 ), then for the purposes of section 19(3)(e) of that Act (exceptions to general effect of clean slate scheme) the appointment is an application the proposed additional guardian has made to act in a role predominantly involving the care and protection of, but not predominantly involving the delivery of education to, the child.

History: Section 23 heading: amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).   Section 23(1): amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).     Section 23(2): amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).     Section 23(2)(b): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).     Section 23(2)(c): amended, on 1 July 2019, by section 17(1) of the Family Violence (Amendments) Act 2018 (2018 No 47).     Section 23(2)(d)(i): amended, on 1 July 2019, by section 17(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).     Section 23(5): amended, on 31 March 2014, by section 7 of the Care of Children Amendment Act (No 2) 2013 (2013 No 74).