Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009

2009/291

Crest

Care of Children (Appointment of Additional Guardian by Parents) (Form) Amendment Rules 2009

Rt Hon Sir Peter Blanchard, Administrator of the Government

Order in Council

At Wellington this 28th day of September 2009

Present:
His Excellency the Administrator of the Government in Council

Pursuant to sections 23 and 146(4)(b) of the Care of Children Act 2004, His Excellency the Administrator of the Government, 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) (Form) Amendment Rules 2009.

2 Commencement
  • These rules come into force on 1 November 2009.

3 Principal rules amended
4 Name of principal rules amended
  • (1) As from the commencement of these rules,—

    • (b) every reference in any enactment and in any document to the Care of Children (Appointment of Additional Guardian by Parents) (Form) Rules 2005 must, unless the context otherwise provides, be read as a reference to the Care of Children (Appointment of Additional Guardian by Parents) (Forms) Rules 2005.

    (2) Rule 1 is amended by omitting Form and substituting Forms.

5 Form that must be used for appointments
  • Rule 4 is amended by omitting the form in the Schedule and substituting form 1 of the Schedule.

6 New rule 6 inserted
  • The following rule is inserted after rule 5:

    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.

Amendments to Schedule

7 New Schedule heading substituted
  • The Schedule heading is revoked and the following heading substituted:

    Schedule
    Forms

    rr 4, 6

8 Form heading amended
  • The form in the Schedule is amended by revoking the form heading and substituting the following heading:

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

    r 4

9 New form 2 added
  • The Schedule is amended by adding the form 2 set out in the Schedule of these rules.


Schedule 
New form 2 added to Schedule of principal rules

r 9

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)


Michael Webster,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 November 2009, amend the Care of Children (Appointment of Additional Guardian by Parents) (Form) Rules 2005 to add to the Schedule of those Rules a new form 2.

New form 2 may be used to give notice that the Registrar has approved the appointment of an eligible spouse or partner of a parent as an additional guardian.


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

Date of notification in Gazette: 1 October 2009.

These rules are administered by the Ministry of Justice.