Care of Children Act 2004

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Reprint as at 14 July 2017

Care of Children Act 2004

Public Act		2004 No 90
Date of assent		21 November 2004
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose of this Act
4	Child’s welfare and best interests to be paramount
5	Principles relating to child’s welfare and best interests
5A	Domestic violence to be taken into account
6	Child’s views
7	Appointment of lawyer to represent child in proceedings
7A	Lawyers acting for parties
7B	Duties of lawyer when giving advice
8	Interpretation
9	De facto partner defined [Repealed]
10	De facto relationship defined [Repealed]
11	Application
12	Act binds the Crown
13	Act a code
14	Administration of children’s property
	Part 2 Guardianship and care of children
	Subpart 1—Guardianship: responsibility for children, and decisions about children
	Guardianship
15	Guardianship defined
16	Exercise of guardianship
	Guardianship based on parental status
17	Child’s father and mother usually joint guardians
18	Father identified on birth certificate is guardian
19	Father who was not mother’s spouse, civil union partner, or de facto partner may apply to be appointed as guardian
20	Declaration that father is guardian because of section 17
	Appointment of eligible spouse or partner of a parent as additional guardian
21	Who may appoint additional guardian under section 23
22	Restrictions on making appointments under section 23
23	Appointment of eligible spouse or partner of parent as additional guardian
24	Declarations required by section 23(5)(a)
25	Appointments under section 23 take effect on approval
	Testamentary guardians and court-appointed guardians
26	Testamentary guardians
27	Court-appointed guardians
	Termination of guardianship
28	Time at which guardianship ends
29	Court may remove guardians
29A	Revocation of appointment as guardian
	Guardianship of court
30	Concurrent jurisdiction under section 31
31	Application to court
32	Notice to be given to chief executive in certain cases before Family Court
33	Orders of court
34	Powers of court
35	Further provisions relating to powers of court
	Consent to medical procedures
36	Consent to procedures generally
37	Immunity of health practitioners administering certain blood transfusions without consent
38	Consent to abortion
	Subpart 2—Care of children: making arrangements and resolving disputes
	Making arrangements
39	Purpose of sections 40 to 43
40	Agreements between parents and guardians
41	Agreements between parents and donors
42	Definitions for section 41
43	Agreements may be entered into by minors
	Resolving disputes [Repealed]
44	Disputes between guardians [Repealed]
45	Family Proceedings Act 1980 dispute resolution provisions apply to certain proceedings [Repealed]
46	Certain children may seek review of parent’s or guardian’s decision or refusal to give consent [Repealed]
	Consent to certain decisions
46A	Consent for de facto relationship
46B	Consent where child has no guardian
46C	Certain children may seek review of parent’s or guardian’s decision or refusal to give consent
	Family dispute resolution
46D	Meaning of family dispute resolution
46E	Family dispute resolution mandatory before commencement of proceedings
46F	Family dispute resolution after proceedings commenced
	Counselling
46G	Counselling after proceedings commenced
46H	Approval of counselling organisation
46I	Suspension or cancellation of approval of counselling organisation
46J	Duties of approved counselling organisation
46K	Appointment of counsellors
46L	Privilege
46M	Number of sessions of counselling
46N	Counselling fees and expenses
	Parenting information programmes
46O	Judge may direct party to undertake parenting information programme
	Settlement conferences
46P	Purpose of settlement conferences
46Q	Settlement conferences
	Guardianship disputes
46R	Disputes between guardians
	Parenting orders
47	Who may apply for parenting order
47A	Mandatory statement in applications
47B	Mandatory statement and evidence in applications
48	Parenting orders
49	Interim parenting orders
49A	Interim parenting order where parent does not have day-to-day care for, or contact with, child
49B	Interim parenting order may become final order on specified date
49C	Final parenting orders
50	Parenting orders in respect of children of or over 16 years
51	Court must consider protective conditions in certain cases
52	Court must consider contact arrangements in certain cases
53	Orders in proceedings under Family Proceedings Act 1980
54	Orders in proceedings under Domestic Violence Act 1995 [Repealed]
55	Content and explanation of parenting orders
56	Variation or discharge of parenting and other orders
57	Variation of final parenting order by consent memorandum instead of application
	Supervised contact
58	Interpretation
59	Court may order supervised contact
60	Costs of formal supervised contact
61	Matters relevant to question in section 60(4) [Repealed]
61A	Court may make orders to ensure safety of child in other cases [Repealed]
62	Costs of formal supervised contact [Repealed]
	Making parenting orders work
63	Purpose and overview of sections 64 to 80 [Repealed]
64	Guiding consideration and principles
65	Request for counselling [Repealed]
66	Procedure for request under section 65(1) or (2) [Repealed]
67	Registrar may decline requests for counselling and recommend instead applications under section 68 [Repealed]
68	Court may make certain orders or respond in other ways to contravention of parenting orders
69	Court may require parties to attend for hearing of application under section 68
70	Ordering party to enter into bond
71	Costs of contravention
72	Warrant to enforce role of providing day-to-day care for child
73	Warrant to enforce order for contact with child
74	Further provisions about warrants
75	Execution of warrants
76	Authority to use faxed copy of warrant
77	Preventing removal of child from New Zealand
77A	Orders under section 77(3)(c) in respect of children of or over 16 years
77B	Orders under section 77(3)(c) may be suspended for specified period
	Offences
78	Contravening parenting or guardianship order
79	Resisting execution of warrant
80	Taking child from New Zealand
	Subpart 3—Enforcing orders internationally
	Enforcing overseas parenting orders in New Zealand
81	Registration of overseas parenting orders
82	Effect of registration
83	Exercise of jurisdiction in respect of child subject to registered overseas parenting order
84	Variation or discharge of registered overseas parenting order
85	Registered overseas parenting orders not to be enforced in certain circumstances
86	Evidence of orders made in overseas countries
87	Costs of returning child: order for payment when warrant issued under section 72
88	Evidence
89	Proof of documents
90	Depositions to be evidence
91	Prescribed overseas countries
	Enforcing New Zealand orders overseas
92	Enforcement of New Zealand orders overseas
93	Restrictions on right to make request under section 92
	Subpart 4—International child abduction
	Preliminary provisions
94	Purpose of this subpart
95	Interpretation
96	Application of this subpart
97	Rights of custody defined
98	Contracting States
99	Certificates as to Contracting States
100	Central Authority for New Zealand
101	Courts having jurisdiction to entertain applications under Convention
	Application for return of child
102	Child abducted from New Zealand
103	Child abducted to New Zealand
104	Authority may request further information
105	Application to court for return of child abducted to New Zealand
106	Grounds for refusal of order for return of child
107	Applications to be dealt with speedily
108	Interim powers
109	No order or decision about role of providing day-to-day care for child to be made until application determined
110	Contact with, and role of providing day-to-day care for, child, if application dismissed
111	Request for declaration that child wrongfully removed
	Application for access to child
112	Child outside New Zealand
113	Child in New Zealand
	Miscellaneous provisions
114	Translation to accompany application
115	Evidentiary provisions
116	Lawyer to act for applicant
117	Preventing concealment of whereabouts of child
118	Preventing removal of child to defeat application
119	Enforcing order for return of child
120	Security for costs, etc
121	Costs of returning child: order for payment or refund when order under section 105(2) applied for or made
122	Order under section 121 may be lodged in High Court
122A	Discharge of order under section 105 for return of child
123	Unfounded applications
124	Other provisions not affected
	Part 3 Jurisdictional, procedural, miscellaneous, and saving and transitional provisions
	Jurisdictional provisions
125	Jurisdiction of courts
126	Personal jurisdiction
127	Removal of High Court orders to Family Court
	Procedural provisions
128	Evidence [Repealed]
129	Court’s power to call witnesses
130	Appointment of lawyer to assist court
131	Fees and expenses of lawyer appointed under section 7 or 130
131A	Advice from chief executive or social worker
132	Reports from chief executive or social worker
133	Reports from other persons
134	Distribution, etc, of reports under sections 132 and 133
135	Costs of reports requested under section 133
135A	Order requiring reimbursement of costs payments
135B	Enforcement of orders made under section 135A
136	Court may hear person on child’s cultural background
137	Attendance at hearings generally
138	Attendance at hearings of persons involved in counselling or conciliation under Family Proceedings Act 1980 [Repealed]
139	Publication of reports of proceedings
139A	Leave required in certain cases to commence substantially similar proceedings
140	Power to dismiss proceedings
141	Power to restrict commencement of proceedings if vexatious proceedings previously instituted
142	Costs
143	Appeals to High Court
144	Effect of High Court’s order or decision
145	Appeal to Court of Appeal
	Miscellaneous provisions
146	Rules of court
147	Regulations
148	Other Acts not affected
	Amendments to Family Proceedings Act 1980 (extending counselling and conciliation provisions to same-sex de facto partners)
149	Amendments in Schedule 2
	Amendments to Family Proceedings Act 1980 (parentage tests in civil proceedings)
150	Amendments in Schedule 3
	Other amendments and repeal
151	Other amendments in Schedule 4
152	Repeals
	Saving and transitional provisions on enactment of this Act
153	Orders under 1968 Act appointing person as guardian
154	Declarations under section 6A of 1968 Act as to guardianship of fathers
155	Appointments of testamentary guardians under section 7(2) of 1968 Act
156	Orders under 1968 Act about guardianship of court
157	Orders under 1968 Act about custody
158	Orders under 1968 Act about access
159	Other references to custody and access under 1968 Act
160	Existing proceedings under 1968 Act
161	Appointments under section 30 of 1968 Act
162	Applications under 1991 Amendment Act
163	Appointments under section 23 of 1991 Amendment Act
164	Orders saved by section 31(2) of 1991 Amendment Act
	Transitional provision applying on enactment of Care of Children Amendment Act (No 2) 2013
165	Proceedings commenced before commencement of this section but not completed
	Schedule 1 Convention on the Civil Aspects of International Child Abduction
	Schedule 2 Amendments to Family Proceedings Act 1980 (extending counselling and conciliation provisions to same-sex de facto partners)
	Schedule 3 Amendments to Family Proceedings Act 1980 (parentage tests in civil proceedings)
	Schedule 4 Other amendments
	Reprint notes

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