Care of Children Act 2004

5 Principles relevant to child’s welfare and best interests

• The principles referred to in section 4(5)(b) are as follows:

  • (a) the child’s parents and guardians should have the primary responsibility, and should be encouraged to agree to their own arrangements, for the child’s care, development, and upbringing:

  • (b) there should be continuity in arrangements for the child’s care, development, and upbringing, and the child’s relationships with his or her family, family group, whānau, hapu, or iwi, should be stable and ongoing (in particular, the child should have continuing relationships with both of his or her parents):

  • (c) the child’s care, development, and upbringing should be facilitated by ongoing consultation and co-operation among and between the child’s parents and guardians and all persons exercising the role of providing day-to-day care for, or entitled to have contact with, the child:

  • (d) relationships between the child and members of his or her family, family group, whānau, hapu, or iwi should be preserved and strengthened, and those members should be encouraged to participate in the child’s care, development, and upbringing:

  • (e) the child’s safety must be protected and, in particular, he or she must be protected from all forms of violence as defined in section 3(2) to (5) of the Domestic Violence Act 1995 (whether by members of his or her family, family group, whānau, hapu, or iwi, or by other persons):

  • (f) the child’s identity (including, without limitation, his or her culture, language, and religious denomination and practice) should be preserved and strengthened.

  Compare: 1989 No 24 ss 5, 13, 208; 2003 No 116 s 12

  Section 5(e): amended, on 16 November 2011, by section 5 of the Care of Children Amendment Act 2011 (2011 No 59).