Care of Children (Appointment of Additional Guardian by Parents) (Forms) Rules 2005

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Reprint
as at 1 November 2009

Crest

Care of Children (Appointment of Additional Guardian by Parents) (Forms) Rules 2005

(SR 2005/97)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 18th day of April 2005

Present:
Her Excellency the Governor-General in Council

  • Rules name: amended, on 1 November 2009, by rule 4(1)(a) of the Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009 (SR 2009/291).


Note

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.

These rules are administered by the Ministry of Justice.


Pursuant to sections 23 and 146(4)(b) of the Care of Children Act 2004, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

Rules

1 Title
  • These rules are the Care of Children (Appointment of Additional Guardian by Parents) (Forms) Rules 2005.

    Rule 1: amended, on 1 November 2009, by rule 4(2) of the Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009 (SR 2009/291).

2 Commencement
  • These rules come into force on 1 July 2005.

3 Interpretation
4 Form that must be used for appointments
  • Every appointment of an additional guardian under section 23 of the Act must be in form 1 of the Schedule.

    Rule 4: amended, on 1 November 2009, by rule 5 of the Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009 (SR 2009/291).

5 Submission of required documents for approval
  • (1) The parents, parent, or parent and guardian making the appointment must submit the required documents to a Family Court for approval by the Registrar under section 25 of the Act.

    (2) The required documents, once completed,—

    • (a) must be submitted all together; but

    • (b) may be submitted to any Family Court.

    (3) The required documents are—

    • (a) an appointment of an additional guardian under section 23 of the Act; and

    • (b) the associated statutory declarations specified in section 24 of the Act (as required by section 23(5)(a) of the Act, and which may be in a form approved for the purpose by the Secretary for Justice); and

    • (c) the proposed additional guardian's criminal record (as required by section 23(5)(b) of the Act, and which must be obtained from the Ministry of Justice).

6 Registrar's approval
  • Notice of a Registrar's approval given in accordance with section 25 of the Act may be issued in form 2 of the Schedule.

    Rule 6: added, on 1 November 2009, by rule 6 of the Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009 (SR 2009/291).


Schedule
Forms

rr 4, 6

  • Schedule heading: substituted, on 1 November 2009, by rule 7 of the Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009 (SR 2009/291).

Form 1
Appointment of eligible spouse or partner of parent as additional guardian

r 4

Section 23, Care of Children Act 2004

1 Appointment of additional guardian of child
(1)Appointment
 [Full name] is appointed as an additional guardian of the child [full name] on approval of this form and the other required documents by the Registrar of a Family Court.
(2)Child who is subject of appointment
 Full name: ...................................................................
 Address: ...................................................................
 Date of birth: ...................................................................
 Age: ...................................................................
 Gender: ...................................................................
(3)Proposed additional guardian
 Full name: ...................................................................
 Address: ...................................................................
 Occupation: ...................................................................
 Date of birth: ...................................................................
 Age: ...................................................................
 Gender: ...................................................................
 Children from current and past relationships
 Full name of each child Date of birth Age Gender
        
        
        
2 Person(s) making appointment
(1)Authority to make appointment
 As required by section 21 of the Care of Children Act 2004 (the Act), the appointment is made by [tick one]—
 [full name] and [full name], the child's parents, both of whom are guardians of the child; or
 [full name] and [full name], the mother and the father of the child (if the mother is sole guardian of the child just because of section 17(2) or (3) of the Act); or
 [full name], a parent of the child as his or her sole guardian (either because the other parent of the child is dead, or because of the application of Part 2 of the Status of Children Act 1969); or
 [full name] and [full name], the surviving parent and a testamentary guardian of the child (if, before dying, the other parent of the child appointed the testamentary guardian under section 26(1) of the Act).
(2)Parent or testamentary guardian making appointment
 Full name: ...................................................................
 Address: ...................................................................
 Occupation: ...................................................................
 Date of birth: ...................................................................
 Age: ...................................................................
 Gender: ...................................................................
 Children from current and past relationships
 Full name of each child Date of birth Age Gender
        
        
        
*(3)Parent or testamentary guardian making appointment
 Full name: ...................................................................
 Address: ...................................................................
 Occupation: ...................................................................
 Date of birth: ...................................................................
 Age: ...................................................................
 Gender: ...................................................................
 
Children from current and past relationships
 Full name of each child Date of birth Age Gender
        
        
        
 *Delete if inapplicable.
3 Requirements of section 22 of Act
(1)Under section 22(1) of the Act, the appointment cannot be made unless all of the following statements apply [tick those that apply]. The child who is the subject of the appointment—
 does not have a testamentary guardian appointed by the Court under section 26(3) of the Act; and
 does not have a guardian (either sole or additional) appointed by the Court under section 27 of the Act; and
 is not, and has not been, involved in proceedings under Part 2 of the Children, Young Persons, and Their Families Act 1989; and
 is not, and has not been, an applicant for, or the subject of, a protection order under the Domestic Violence Act 1995.
(2)Under section 22(2) of the Act, the appointment cannot be made unless all of the following statements apply [tick those that apply]. A parent authorised by section 21 of the Act to make the appointment—
 has not already appointed an additional guardian for the child under section 23 of the Act; and
 has not been deprived of his or her guardianship by an order under section 29 of the Act; and
 is not, and has not been, involved in proceedings concerning a child under the Act, a former Act corresponding to the Act, or Part 2 of the Children, Young Persons, and Their Families Act 1989; and
 is not, and has not been, a respondent or associated respondent in proceedings under the Domestic Violence Act 1995.
(3)As required by section 22(3) of the Act, either [tick one]—
 the child; or
 [full name], a parent of the child;—
 is either [tick one]—
 a New Zealand citizen; or
 a person who is ordinarily resident in New Zealand.
4 Proposed additional guardian: eligibility requirements
 Under section 23(2) of the Act, the appointment cannot be made unless all of the following statements apply [tick those that apply]. The proposed additional guardian—
 is or has been the spouse, civil union partner, or de facto partner of the parent who is making the appointment; and
 is not a parent of the child, but shares responsibility for the child's day-to-day care, and has done so for not less than 1 year; and
 is not, and has never been, involved in proceedings concerning a child under the Act, a former Act corresponding to the Act, or Part 2 of the Children, Young Persons, and Their Families Act 1989; and
 is not, and has never been, either a respondent or an associated respondent in proceedings under the Domestic Violence Act 1995; and
 has never been convicted of an offence involving harm to a child, including (without limitation)—
  an offence involving violence (that is, physical abuse or sexual abuse), ill-treatment, abuse, neglect, or deprivation in relation to a child; or
  an offence against the Films, Videos, and Publications Classification Act 1993 involving a child pornography publication (as defined in section 23(3) of the Act).
5 Agreements to appointment
(1)Proposed additional guardian
 I, [full name], at [place] on [date], agree, in accordance with section 23(4) of the Act, to my appointment as an additional guardian of [name of child].
      
      
     Signature
(2)Parent making appointment
 I, [full name], at [place] on [date], agree, in accordance with section 23(4) of the Act, to the appointment of [proposed additional guardian's full name] as an additional guardian of [name of child].
      
      
     Signature
(3)*Other parent, or testamentary guardian, making an appointment
 I, [full name], at [place] on [date], agree, in accordance with section 23(4) of the Act, to the appointment of [proposed additional guardian's full name] as an additional guardian of [name of child].
      
      
     Signature
6 Registrar's approval (official use only)
 I, [full name], Registrar of the Family Court at [place], in accordance with section 25 of the Act, *approved (*or declined to approve) this appointment on [date].
 *Delete if inapplicable.
      
      
     Registrar's signature
      
      
     Registrar's name
Notes

Purpose of form

This form must be used for appointment of an eligible spouse or partner of a parent of a child as an additional guardian of the child under section 23 of the Care of Children Act 2004 (the Act). The additional guardian’s appointment takes effect only when the Registrar of a Family Court approves this form and the other required documents.

A person who is not an eligible spouse or partner of a parent cannot be appointed under section 23 of the Act, but may instead apply to a Family Court to be appointed an additional guardian under section 27 of the Act.

Guardian’s role

A guardian’s role is an important one, involving responsibility for promoting a child’s welfare and best interests. When his or her appointment under section 23 of the Act takes effect, an additional guardian usually has (jointly with the other guardian or guardians of the child, and under sections 15 and 16 of the Act) responsibilities for the child including—

  • having the role of providing day-to-day care for the child; and

  • contributing to the child’s intellectual, emotional, physical, social, cultural, and other personal development; and

  • determining for or with the child, or helping the child to determine, important matters affecting the child including the child’s name and any changes to it, his or her place of residence, medical treatment, education, culture, language, and religious denomination and practice.

An appointment of an additional guardian under section 23 of the Act ends when—

  • the child turns 18 years, marries or enters into a civil union, or lives with another person as a de facto partner; or

  • it is earlier revoked by order of a Family Court.

Completion, submission, and approval of required documents

This form is to be completed by—

  • the person(s) authorised by section 21 of the Act to make the appointment (for example, the child's parents); and

  • the proposed additional guardian.

Persons who are unsure about what it means to complete, sign, and submit this form or about the effect of appointing or being appointed as an additional guardian should seek legal advice before completing, signing, or submitting this form.

When submitted for approval under section 25 of the Act, this form must be accompanied by [tick both]—

  • the associated statutory declarations specified in section 24 of the Act (as required by section 23(5)(a) of the Act, and which may be in a form approved for the purpose by the Secretary for Justice and available from the local Family Court or from—

    • http://www.justice.govt.nz/family; and

  • the proposed additional guardian's criminal record (as required by section 23(5)(b) of the Act, and which must be obtained from the Privacy Unit, Ministry of Justice, National Office, PO Box 180, Wellington, or by using an application form available from—

    • http://www.justice.govt.nz.

Those documents, once completed,—

  • must be submitted for approval all together; but

  • may be submitted to any Family Court.

Information submitted as part of this form will be used by the Registrar of the relevant Family Court, the Ministry of Justice, or both, for generating a record of the request, making inquiries related to approval, and for processing the appointment.

  • Schedule form 1 heading: substituted, on 1 November 2009, by rule 8 of the Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009 (SR 2009/291).

Form 2
Notice of Registrar's approval of appointment of eligible spouse or partner of parent as additional guardian

r 6

Section 25, Care of Children Act 2004

  • 1 On [date], the Registrar of the Family Court at [place] approved—

    • (a) an appointment of an additional guardian made under section 23 of the Care of Children Act 2004 by [full name of each person who made the appointment] appointing [full name] an additional guardian of [full name and date of birth of child who is the subject of the appointment]; and

    • (b) the statutory declarations of [full name of each person] referred to in section 23(5)(a) of the Care of Children Act 2004.

  • 2 The appointment of [full name] as an additional guardian of [full name and date of birth of child who is the subject of the appointment] is effective from [date].

Date:

Signature:

(Registrar)


  • Schedule form 2: added, on 1 November 2009, by rule 9 of the Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009 (SR 2009/291).

Diane Morcom,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 April 2005.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Care of Children (Appointment of Additional Guardian by Parents) (Forms) Rules 2005. The reprint incorporates all the amendments to the rules as at 1 November 2009, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)