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Oranga Tamariki Act 1989

Care and protection of children and young persons - Medical examination of child or young person

49: Court may order medical examination of child or young person

You could also call this:

"The court can order a doctor to check if a child is safe and healthy."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person, the court can order you to have a medical check-up. This can happen if the court thinks you might be getting hurt or treated badly. The court will choose a health practitioner to do the check-up.

You can have a lawyer to represent you in court. The person who asks for the medical check-up must tell your lawyer and other people the court chooses.

When the court is deciding whether you should have a medical check-up, certain people can talk to the court. These people are the one who asked for the check-up, the people who were told about the request, and anyone else the court says can speak.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150027.

Topics:
Crime and justice > Courts and legal helpHealth and wellbeing > Healthcare servicesFamily and relationships > Children and parenting
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50: Ex parte application for order for medical examination, or

"Asking the court for a secret order to check a child's health in an emergency"

Part 2Care and protection of children and young persons
Medical examination of child or young person

49Court may order medical examination of child or young person

  1. Where the court is satisfied—

  2. that there are reasonable grounds for suspecting that a child or young person is suffering ill-treatment, abuse, neglect, deprivation, or serious harm; and
    1. that it is expedient that a medical examination of that child or young person be carried out for the purpose of determining whether that suspicion is well-founded,—
        1. the court may order the child or young person to attend for a medical examination by a health practitioner whom the court considers qualified for the purpose.

      1. An application for an order under subsection (1) may be made by the chief executive or a constable.

      2. Every application for an order under subsection (1) shall be served on the barrister or solicitor representing the child or young person and on such other persons as the court directs.

      3. The following persons shall be entitled to appear and be heard on the hearing of an application under this section:

      4. the applicant:
        1. any person on whom the application is served:
          1. with the leave of the court, any other person.

            Notes
            • Section 49(1): amended, on , by section 6 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
            • Section 49(1): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
            • Section 49(2): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
            • Section 49(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).