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StatuteChildren, Young Persons, and Their Families Act 1989

Section 120 — Children, Young Persons, and Their Families Act 1989: Restriction on making of guardianship and parenting orders under Care of Children Act 2004

Text of the provision Official document

120 Restriction on making of guardianship and parenting orders under Care of Children Act 2004 (1) If a child or young person is subject to an order made under section 78 or section 101 or section 110 of this Act, none of the following may be made under the Care of Children Act 2004 : (a) an order in respect of the guardianship of that child or young person; and (b) an order about the role of providing day-to-day care for that child or young person; and (c) an order for contact with that child or young person. (1A) Subsection (1) is subject to subsection (2) and section 117(2) . (2) Nothing in subsection (1) affects the power of a Court having jurisdiction under section 31 of the Care of Children Act 2004 to make an order under that section in respect of any child or young person who is subject to an order made under section 78 or section 101 . The heading to section 120 was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “ and parenting orders under Care of Children Act 2004 ” for “ , custody, and access orders under Guardianship Act 1968 ” . Subsection (1) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90). Subsection (1A) was inserted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90). Subsection (2) was amended, as from 1 November 1989, by section 6(1)(b) Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70) by omitting “ or section 102 ” . Subsection (2) was substituted, as from 3 June 1998, by section 8 Guardianship Amendment Act 1998 (1998 No 48). See section 7 of that Act as to the transitional provision relating to appeals from the Family to appeals from the Family Court to the High Court. Subsection (2) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “ section 31 of the Care of Children Act 2004 ” for “ section 10B of the Guardianship Act 1968 ” .

Official source: legislation.govt.nz

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