New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 16 November 2011
| Public Act | 2004 No 90 |
| Date of assent | 21 November 2004 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
4 Child’s welfare and best interests to be paramount
5 Principles relevant to child’s welfare and best interests
9 De facto partner defined [Repealed]
10 De facto relationship defined [Repealed]
14 Administration of children’s property
Part 2
Guardianship and care of children
Subpart 1—Guardianship: Responsibility for children, and decisions about children
Guardianship based on parental status
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
Appointment of eligible spouse or partner of a parent as additional guardian
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
Testamentary guardians and court-appointed guardians
28 Time at which guardianship ends
30 Concurrent jurisdiction under section 31
32 Notice to be given to chief executive in certain cases before Family 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
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
43 Agreements may be entered into by minors
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
46A Consent for de facto relationship
46B Consent where child has no guardian
47 Who may apply for parenting order
49 Applications to include statement on others’ involvement
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 [Repealed]
55 Content and explanation of parenting orders
56 Variation or discharge of parenting and other orders
57 Procedure if child’s parents are parties to interim order
60 Procedure for dealing with proceedings in section 59(1)
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
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 counselling or for hearing of application under section 68
70 Ordering party to enter into bond
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
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 order
79 Resisting execution of warrant
80 Taking child from New Zealand
Subpart 3—Enforcing orders internationally
Enforcing overseas parenting orders in New Zealand
81 Registration of overseas parenting orders
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
91 Prescribed overseas countries
Enforcing New Zealand orders overseas
92 Enforcement of New Zealand orders overseas
93 Restrictions on right to make request under section 92
Subpart 4—International child abduction
96 Application of this subpart
99 Certificates as to Contracting States
100 Central Authority for New Zealand
101 Courts having jurisdiction to entertain applications under Convention
Application for return of child
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
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
Application for access to child
114 Translation to accompany application
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
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
124 Other provisions not affected
Part 3
Jurisdictional, procedural, miscellaneous, and saving and transitional provisions
127 Removal of High Court orders to Family Court
129 Court’s power to call witnesses
131 Costs of court-appointed counsel
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 under section 133
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
140 Power to dismiss proceedings
141 Power to restrict commencement of proceedings
144 Effect of High Court’s order or decision
Amendments to Family Proceedings Act 1980 (parentage tests in civil proceedings)
151 Other amendments in Schedule 4
Saving and transitional provisions
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
Schedule 1
Convention on the Civil Aspects of International Child Abduction
Schedule 2
Amendments to Family Proceedings Act 1980 (extending counselling and conciliation provisions to same-sex de facto partners)
Schedule 3
Amendments to Family Proceedings Act 1980 (parentage tests in civil proceedings)
