(1) No appointment of an additional guardian of a child may be made under section 23 if the child—
(a) has a testamentary guardian appointed by the court under section 26(3); or
(b) has a court-appointed guardian because of an appointment under section 27; or
(c) is or has been involved in proceedings under Part 2 of the Children, Young Persons, and Their Families Act 1989; or
(d) is or has been an applicant for, or the subject of, a protection order under the Domestic Violence Act 1995.
(2) No appointment of an additional guardian of a child may be made under section 23 if a parent authorised by section 21 to make the appointment—
(a) has already appointed an additional guardian for the child under section 23; or
(b) has been deprived of his or her guardianship by an order under section 29; or
(c) is or has been involved in proceedings concerning a child under this Act, a former Act corresponding to this Act, or Part 2 of the Children, Young Persons, and Their Families Act 1989; or
(d) is or has been a respondent or associated respondent in proceedings under the Domestic Violence Act 1995.
(3) No appointment of an additional guardian of a child may be made under section 23 unless the child, or a parent of the child, is either a New Zealand citizen or a person who is ordinarily resident in New Zealand.
(4) No appointment of an additional guardian of a child may be made under section 23 if any of the statutory declarations required by section 23(5) cannot be made in the affirmative.
(5) An appointment of an additional guardian under section 23 is void if the proposed additional guardian is disqualified under section 23(2)(d), even though the relevant statutory declarations under section 24(d)(i) were all made in the affirmative.