(1) An eligible spouse or partner of a parent may be appointed as an additional guardian of a child under this section by the following person or persons, but only if that person is, or those persons are, authorised by section 21 to make the appointment:
(2) A spouse or partner of a parent is an eligible spouse or partner of a parent in relation to a parent of a child and an appointment under this section only if the parent is making the appointment (either alone, or with the other parent, or a guardian, of the child) and the spouse or partner—
(b) is not, and has never 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; and
(3) Child pornography publication means a publication that is objectionable (as those terms are defined in section 2 of the Films, Videos, and Publications Classification Act 1993)—
(a) because it promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes; or
(4) The appointment may be made only if each person making the appointment and the proposed additional guardian—
(5) The appointment must be in the prescribed form (which must include the agreements in writing referred to in subsection (4)(b)), and must be accompanied by—
(6) Criminal record means a document giving all details recorded in law enforcement information held by or on behalf of the Ministry of Justice of every criminal conviction (if any) of the proposed additional guardian (whether a conviction in New Zealand or overseas).
(7) If the proposed additional guardian is an eligible individual (as defined in section 4 of the Criminal Records (Clean Slate) Act 2004), then for the purposes of section 19(3)(e) of that Act (exceptions to general effect of clean slate scheme) the appointment is an application the proposed additional guardian has made to act in a role predominantly involving the care and protection of, but not predominantly involving the delivery of education to, the child.
Section 23 heading: amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).
Section 23(1): amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).
Section 23(2): amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).