VadeLab
StatuteCare of Children Act 2004

Section 46B — Care of Children Act 2004: Consent where child has no guardian

Text of the provision Official document

46B Consent where child has no guardian (1) This section applies to a child who does not have a guardian because guardianship of the child has ended under section 28(1) . (2) If an enactment requires that the child obtains the consent of 1 or more guardians for a particular purpose, the child may— (a) seek the consent from his or her former guardians; or (b) apply to the Court for the consent. (3) When an application is made under subsection (2)(b) , a Family Court Judge may, if he or she considers that giving the consent is reasonable in all the circumstances, give the consent required. (4) A consent given to a child for a purpose referred to in subsection (2) , either by the child's former guardians or by a Family Court Judge under subsection (3) , has the same effect as if it had been given by all the people whose consent was required for that purpose. Sections 46A and 46B were inserted, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5).

Official source: legislation.govt.nz

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.

Explore case law →

Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.