New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 4

4 Child's welfare and best interests to be paramount

1 The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration—

a) in the administration and application of this Act, for example, in proceedings under this Act; and

b) in any other proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.

2 Any person considering the welfare and best interests of a child in his or her particular circumstances—

a) must take into account—

i) the principle that decisions affecting the child should be made and implemented within a time frame that is appropriate to the child's sense of time; and

ii) the principles in section 5 ; and

b) may take into account the conduct of the person who is seeking to have a role in the upbringing of the child to the extent that that conduct is relevant to the child's welfare and best interests.

3 It must not be presumed that the welfare and best interests of a child (of any age) require the child to be placed in the day-to-day care of a particular person because of that person's gender.

4 This section does not—

a) limit section 6 or 83 , or subpart 4 of Part 2 ; or

b) prevent any person from taking into account other matters relevant to the child's welfare and best interests.

History: Section 4: replaced, on 31 March 2014, by section 4 of the Care of Children Amendment Act (No 2) 2013 (2013 No 74).