Guardianship Agreement (New Zealand)
GUARDIANSHIP AGREEMENT
This Guardianship Agreement ("Agreement") is made on [Agreement Date] between [Parent 1 Name] of [Parent 1 Address] ("Parent/Guardian 1") (Second parent/guardian present: [Has Second Parent]) and [Parent 2 Name] of [Parent 2 Address] (together, "the Parent(s)") and [Guardian Name] of [Guardian Address], [Guardian City] [Guardian Postcode] ("the Guardian").
This Agreement is made pursuant to the Care of Children Act 2004 (New Zealand) and the Contract and Commercial Law Act 2017.
1. THE CHILD
1.1 This Agreement relates to the following child: Full Name: [Child Name] Date of Birth: [Child Date of Birth] Current Address: [Child Current Address]
1.2 The Parent(s) are the parents and/or legal guardians of [Child Name] as defined under section 15 of the Care of Children Act 2004.
2. APPOINTMENT OF GUARDIAN
2.1 The Parent(s) hereby appoint [Guardian Name] ([Guardian Relationship] of the child) as guardian of [Child Name] in accordance with the Care of Children Act 2004.
2.2 Type of Guardianship: [Guardianship Type].
2.3 The guardianship commences on [Guardianship Start Date] and continues [Guardianship Duration]. End date (if specified period): [Guardianship End Date].
2.4 The Guardian accepts this appointment and agrees to act in accordance with the duties of a guardian under the Care of Children Act 2004, including the duty to act in the best interests of the child as the paramount consideration under section 4 of that Act.
3. SCOPE OF GUARDIANSHIP
3.1 The Guardian's responsibilities are as follows: [Guardianship Scope]
3.2 The Guardian shall exercise their guardianship responsibilities in accordance with sections 15 to 36 of the Care of Children Act 2004, including: (a) Acting in the child's best interests at all times; (b) Maintaining and promoting the child's physical, emotional, educational, and cultural welfare; (c) Maintaining the child's connections with their wider family, Māori whakapapa (if applicable), and cultural identity; (d) Consulting with the Parent(s) on significant decisions relating to the child's upbringing, unless emergency circumstances make this impracticable.
4. FINANCIAL ARRANGEMENTS
4.1 Financial Arrangements: [Financial Arrangements]
4.2 The Guardian shall apply any funds received for the child's care solely for the benefit of the child and shall keep records of all expenditure.
5. CONTACT WITH PARENTS
5.1 Contact Arrangements: [Contact Arrangements]
5.2 The Guardian acknowledges that maintaining the child's relationship with their Parent(s) is an important principle under the Care of Children Act 2004 and shall actively facilitate agreed contact.
6. CULTURAL AND RELIGIOUS UPBRINGING
6.1 Cultural and Religious Arrangements: [Cultural Arrangements]
6.2 The Guardian acknowledges the importance of the child's cultural identity under section 5(e) of the Care of Children Act 2004 and shall promote and respect the child's heritage and identity.
7. GENERAL PROVISIONS
7.1 Governing Law: This Agreement is governed by the laws of [Governing Law], including the Care of Children Act 2004 and the Contract and Commercial Law Act 2017.
7.2 Best Interests: All decisions made under this Agreement shall be made with the welfare and best interests of [Child Name] as the paramount consideration, consistent with section 4 of the Care of Children Act 2004.
7.3 Family Court: Nothing in this Agreement limits the jurisdiction of the Family Court to make parenting orders or other orders under the Care of Children Act 2004 as it sees fit in the interests of the child.
7.4 Amendment: This Agreement may be amended only by a written document signed by all parties.
EXECUTION
SIGNED by [Parent 1 Name] (Parent/Guardian 1) on [Agreement Date] Signature: _________________________ Witness Signature: _________________________ Witness Name and Address: _________________________
SIGNED by [Parent 2 Name] (Parent/Guardian 2) on [Agreement Date] Signature: _________________________ Witness Signature: _________________________ Witness Name and Address: _________________________
SIGNED by [Guardian Name] (Guardian) on [Agreement Date] Signature: _________________________ Witness Signature: _________________________ Witness Name and Address: _________________________ Phone: [Guardian Phone]
What Is a Guardianship Agreement (New Zealand)?
A Guardianship Agreement in New Zealand records the care, contact, and decision-making arrangements for a child between the parents or guardians, consistent with the Care of Children Act 2004.
In New Zealand, guardianship of a child is primarily governed by the Care of Children Act 2004 (COCA). Under section 15 of the COCA, a child's parents are automatically guardians of that child. Guardianship under the COCA carries with it specific rights and responsibilities, including the right and duty to make decisions about the child's education, healthcare, religious upbringing, cultural identity, travel, and name. These guardianship responsibilities are separate from day-to-day care: a guardian does not necessarily live with the child or have the child in their day-to-day care.
Section 27 of the COCA allows additional guardians to be appointed, either by order of the Family Court or, in some circumstances, by a written instrument (deed) executed by the existing guardians. When parents need someone to step into the guardianship role — whether due to illness, overseas travel, work commitments, or other circumstances — a Guardianship Agreement provides a clear, documented framework for that arrangement.
The welfare and best interests of the child are the paramount consideration in all matters relating to the care and upbringing of a child under section 4 of the COCA. Every provision of a Guardianship Agreement must be consistent with this paramount principle. Section 5 of the COCA also requires that decision-makers have regard to the importance of the child's ongoing relationships with both parents, the child's identity (including ethnic, cultural, and religious identity), the child's safety, and — specifically for Māori children — the child's whakapapa and the tikanga of their iwi and hapū.
A Guardianship Agreement is typically used where parents want to confirm that a trusted person will care for their child during a period of parental absence, illness, or incapacity, or as part of a longer-term arrangement where a child will live with another family member or trusted person. It is important to understand that a private Guardianship Agreement has limitations — for many formal purposes, a Family Court guardianship order under section 27 of the COCA will provide the guardian with clearer legal authority.
When Do You Need a Guardianship Agreement (New Zealand)?
A New Zealand Guardianship Agreement is useful in a range of circumstances where parents or guardians wish to document and formalise guardianship arrangements for a child.
Parental illness or incapacity. If a parent is seriously ill, undergoing a medical procedure, or temporarily incapacitated, a Guardianship Agreement can document arrangements for another trusted person to care for and make decisions about the child during the parent's recovery.
Extended travel or work commitments. When parents are required to travel extensively for work or are relocating temporarily overseas, a Guardianship Agreement enables a trusted family member or friend to act as guardian in New Zealand during their absence.
Single-parent arrangements. Where a single parent has sole day-to-day care of a child and is concerned about who would care for the child if something happened to them, a Guardianship Agreement — or, better, a testamentary guardianship appointment in their will — can document their wishes.
Relative or kinship care. In New Zealand, it is common for children to be cared for by grandparents, aunts, uncles, or other family members, particularly within Māori and Pasifika communities. A Guardianship Agreement can document these kinship care arrangements and the respective responsibilities of the parents and the carers.
Step-parent involvement. Where a step-parent is actively involved in raising a child, a Guardianship Agreement (or a Family Court guardianship order under the COCA) can give the step-parent the legal authority to act on the child's behalf for day-to-day and important matters.
Formal documentation for third parties. Schools, medical facilities, and government agencies often require documentation of a guardian's authority. A signed Guardianship Agreement, while not a substitute for a court order, provides useful evidence of the arrangement.
In all cases, parties should consider whether a formal Family Court application for a guardianship order is advisable, and should seek legal advice from a family lawyer.
What to Include in Your Guardianship Agreement (New Zealand)
A well-drafted New Zealand Guardianship Agreement should address several key elements to be practically effective and consistent with the Care of Children Act 2004.
Clear identification of all parties. The agreement must identify the appointing parent(s) or guardian(s), the proposed guardian, and the child by their full legal names, dates of birth, and addresses. If there are two appointing parents, both should sign the agreement.
Particulars of the child. The child's full legal name, date of birth, and current address should be clearly stated. This information is needed for school enrolments, medical records, and other administrative purposes.
Scope of guardianship. The agreement should clearly describe the scope of the guardian's responsibilities: whether they will have day-to-day care of the child, decision-making authority in specified areas (education, healthcare, travel), or both. Specific limitations or exclusions should also be noted.
Type and duration of guardianship. The agreement should specify whether the guardianship is temporary (for a defined period) or ongoing (until the child turns 18 or marries), and the commencement date.
Financial arrangements. If the parents will be contributing to the child's care costs, the agreement should document the amount, frequency, and method of payment. The guardian's responsibility for record-keeping should also be addressed.
Contact with parents. The agreement should include clear arrangements for the child to maintain regular contact with their parents, consistent with the principles of the Care of Children Act 2004 regarding the importance of ongoing parent-child relationships.
Cultural and religious upbringing. Consistent with section 5(e) of the COCA, the agreement should address how the guardian will maintain and promote the child's cultural identity, language, and community connections — particularly important for Māori and Pasifika children.
Best interests paramount. The agreement should explicitly acknowledge that all decisions made under it will be guided by the welfare and best interests of the child as the paramount consideration.
Governing law and Family Court jurisdiction. The agreement should note that it is governed by New Zealand law and that the Family Court retains jurisdiction to make orders in the child's interests at any time. The forms-legal.com Guardianship Agreement (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Guardianship Agreement (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/personal/family/guardianship-agreement-new-zealand
"Guardianship Agreement (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/personal/family/guardianship-agreement-new-zealand.
@misc{formslegal-guardianship-agreement-new-zealand,
author = {{Forms Legal}},
title = {Guardianship Agreement (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/personal/family/guardianship-agreement-new-zealand}},
note = {Free legal document template. Based on Care of Children Act 2004}
}
Frequently Asked Questions
In New Zealand, the Care of Children Act 2004 (COCA) distinguishes between guardianship and day-to-day care (formerly called custody). Guardianship is the right and responsibility to make important decisions about a child's life and upbringing, including decisions about education, healthcare, religious upbringing, cultural identity, and travel outside New Zealand. Under section 15 of the COCA, parents are automatic guardians of their children. Guardianship is a legal status that continues regardless of where the child actually lives. Day-to-day care, on the other hand, refers to the physical care of the child and the routine decisions made while caring for them. A person can have guardianship without day-to-day care (for example, a parent whose child lives with the other parent) or may have both guardianship and day-to-day care. Section 27 of the COCA allows the Family Court to appoint additional guardians where it is in the child's best interests. Additional guardians can also be appointed by a deed under section 27(1) of the COCA, subject to the court's oversight.
Under New Zealand law, any person can be appointed as a guardian of a child, but they must be suitable to act in the child's best interests. The Family Court, in making guardianship appointments under section 27 of the Care of Children Act 2004, will consider the welfare and best interests of the child as the paramount consideration under section 4 of the COCA. The court will consider the proposed guardian's relationship with the child, their ability to provide safe care, their understanding of the child's needs and cultural identity, and any other relevant factors. Common guardianship appointments include grandparents, aunts, uncles, step-parents, and close family friends. For informal private guardianship arrangements where the parents are living and agree to the appointment, a guardianship agreement can document the arrangement. However, for the arrangement to have full legal force — for example, enabling the guardian to enrol the child at school, consent to medical treatment, or travel overseas with the child — a formal guardianship order from the Family Court may be needed.
Yes. Under section 27(2) of the Care of Children Act 2004, a parent who is a guardian of their child may appoint a person to be an additional guardian of the child after the parent's death, by will or other written instrument. This is known as a testamentary guardian. The testamentary guardianship appointment takes effect on the parent's death and gives the appointed person all the rights and duties of a guardian under the COCA. If the other parent is still alive and is also a guardian, the testamentary guardian becomes a guardian alongside the surviving parent. If the surviving parent disagrees with the testamentary guardian appointment, either party may apply to the Family Court for directions. A testamentary guardian appointment should be reviewed alongside the parent's will whenever there are significant changes in family circumstances. Parents who wish to appoint testamentary guardians are strongly advised to discuss this with a lawyer when preparing or updating their will.
New Zealand's Care of Children Act 2004 explicitly recognises the importance of cultural identity for all children, with specific provisions relating to Māori children. Section 5(e) of the COCA states that one of the principles to be applied is that Māori children should be brought up in an environment that recognises and values their whakapapa (genealogy) and the tikanga (customs) of the iwi (tribe) and hapū (sub-tribe) to which they belong. When the Family Court makes decisions about a Māori child's guardianship or care arrangements, it must have regard to this principle. Oranga Tamariki — Ministry for Children also has statutory obligations under the Oranga Tamariki Act 1989 to give effect to the principles of the Treaty of Waitangi when making decisions about Māori children. In practice, this means that guardianship arrangements for Māori children should, wherever possible, maintain the child's connections to their iwi, hapū, and whānau. A guardianship agreement for a Māori child should include specific provisions addressing cultural and language maintenance.
A private guardianship agreement between parents and a proposed guardian can be a useful document for recording the parties' intentions and arrangements, but it does not have the same legal force as a guardianship order made by the Family Court under section 27 of the Care of Children Act 2004. Without a court order, third parties such as schools, hospitals, and government agencies may not recognise the guardian's authority to act on the child's behalf. For day-to-day matters, a signed letter from the parents authorising the guardian to act is often sufficient. However, for more significant matters — such as enrolling a child at school, consenting to elective medical procedures, applying for a passport, or travelling internationally — a Family Court guardianship order provides the clearest legal authority. Parties entering a guardianship agreement should consider whether a Family Court application under section 27 of the COCA is advisable for their circumstances, and should obtain legal advice from a lawyer experienced in family law.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Adoption Consent Form (New Zealand)
Create a New Zealand Adoption Consent Form for a parent or guardian consenting to the adoption of a child. Compliant with the Adoption Act 1955, including provisions for specific or general consent, conditions, independent legal advice acknowledgement, and witness certification under the Oaths and Declarations Act 1957. Required before a Family Court adoption order under section 11 of the Adoption Act 1955.
Parenting Plan (New Zealand)
A Parenting Plan in New Zealand is a written agreement between parents or guardians that sets out how they will share the care, guardianship, and day-to-day decisions for their children following separation or divorce. It is governed by the Care of Children Act 2004 (COCA), which places the welfare and best interests of the child as the paramount consideration. A Parenting Plan is not automatically a court order — it is a voluntary agreement — but it can be filed with the Family Court and made into a consent order under section 40 of COCA, giving it the force of a court order. The plan covers living arrangements, contact schedules, holidays, school decisions, medical decisions, communication between parents, and dispute resolution. New Zealand Family Court encourages parents to reach agreement through Family Dispute Resolution (FDR) before making court applications.
Child Travel Consent Form (New Zealand)
Create a New Zealand Child Travel Consent Form for a child travelling internationally with one parent, a non-parent adult, or unaccompanied. Compliant with the Care of Children Act 2004 and the Passports Act 1992. Covers child and passport details, travel itinerary, accompanying adult, emergency contacts, medical information, and emergency treatment authorisation.