Kinship Care NZ: Legal Rights for Whānau Caregivers
What Kinship Care Means in New Zealand
Kinship care is when a child is raised by a relative or someone with a pre-existing relationship — a grandparent, aunt, uncle, older sibling, or whānau member — rather than by their parents. In Aotearoa New Zealand, kinship care happens in two ways: informally (the child moves in and the family adjusts) or formally (through a court order or Oranga Tamariki placement).
The legal position of kinship carers depends entirely on which of these paths brought the child to you, and whether you've formalised your role.
Informal Kinship Care
Most kinship care in New Zealand starts informally. A parent asks you to take the child for a while, or the child arrives after a crisis — addiction, violence, imprisonment, illness — and stays. There's no court order, no Oranga Tamariki involvement, and no paperwork.
Informal care works until it doesn't. The problems emerge when you need to:
- Enrol the child at school (some schools ask for proof of guardianship)
- Consent to medical treatment (legally, only a guardian can do this)
- Apply for financial support from Work and Income (the Unsupported Child's Benefit requires evidence of care)
- Get the child a passport or travel overseas
- Prevent a parent from removing the child
Without a court order, you have no legal authority. The parent remains the guardian and can, technically, take the child back at any time.
Formal Kinship Care: Court Orders
Formalising your role means obtaining a court order under the Care of Children Act 2004. The two main routes for kinship carers:
Parenting order (Section 48) — gives you day-to-day care and/or contact. You'll need leave to apply under Section 47 as a non-parent, plus a Parenting Through Separation certificate and Family Dispute Resolution certificate (unless exempt).
Guardianship order (Section 27) — gives you decision-making authority alongside the parents. Most kinship carers who have day-to-day care need guardianship too, to handle school, medical and travel decisions.
Both can be applied for simultaneously. The filing fee is NZ$257 (waivable for those on benefits, NZ Superannuation, legal aid, or facing financial hardship).
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Kinship Care Through Oranga Tamariki
When Oranga Tamariki (the Ministry for Children) is involved — because the child has come to their attention through a care and protection concern — the placement pathway is different. Oranga Tamariki may place the child with you under a care agreement or a court order under the Oranga Tamariki Act 1989.
In this scenario:
- Oranga Tamariki remains involved in the child's care plan
- You may receive a foster care allowance or other financial support through Oranga Tamariki
- The legal framework is the Oranga Tamariki Act, not (only) the Care of Children Act
- Oranga Tamariki conducts assessments of your home and household
Many kinship carers move from an Oranga Tamariki placement to a COCA parenting order as the situation stabilises. This gives you independence from ongoing state oversight while securing your legal authority.
Financial Support for Kinship Carers
Your financial support options depend on how the child came to be in your care:
Through Oranga Tamariki — you may receive a foster care allowance, clothing allowance, and other support directly from the ministry.
Through the Family Court (no Oranga Tamariki involvement) — you can apply to Work and Income for the Unsupported Child's Benefit (a non-taxable weekly payment) once you have a court order or other evidence confirming the care arrangement. The Orphan's Benefit is available if both parents have died or can't be found.
Child support — with a day-to-day care order, you can apply to Inland Revenue to collect statutory child support from the biological parents.
Your Rights as a Kinship Carer
With a court order, you have legal standing. Without one, you have very little. The key rights that come with formalising your role:
- Legal authority to make day-to-day decisions for the child
- Authority to consent to medical treatment (with guardianship)
- Standing to apply for financial support
- Protection against a parent unilaterally removing the child
- Recognition by schools, doctors, and government agencies
Getting Started
If you're caring for a relative's child informally and want to formalise your position, start with the Grandparents Raising Grandchildren Trust (GRG, 0800 474 274) or a Community Law Centre. They can help you assess whether a parenting order, guardianship order, or both are the right path.
Our NZ Parenting & Guardianship Orders guide covers the full court process for kinship carers — from FDR mediation through to the sealed order — with checklists, a timeline tracker, and guidance on fee waivers for caregivers on a fixed income.
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