New Zealand Legislation: Acts

4 Child’s welfare and best interests to be paramount

• (1) The welfare and best interests of the child 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) The welfare and best interests of the particular child in his or her particular circumstances must be considered.

  (3) A parent’s conduct may be considered only to the extent (if any) that it is relevant to the child’s welfare and best interests.

  (4) For the purposes of this section, and regardless of a child’s age, it must not be presumed that placing the child in the day-to-day care of a particular person will, because of that person’s sex, best serve the welfare and best interests of the child.

  (5) In determining what best serves the child’s welfare and best interests, a court or a person must take into account—

  • (a) 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

  • (b) any of the principles specified in section 5 that are relevant to the welfare and best interests of the particular child in his or her particular circumstances.

  (6) Subsection (5) does not limit section 6 (child’s views) or prevent the court or person from taking into account other matters relevant to the child’s welfare and best interests.

  (7) This section does not limit section 83 or subpart 4 of Part 2.

  Compare: 1968 No 63 s 23(1), (1A), (3); 1989 No 24 s 6