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Oranga Tamariki Act 1989

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

50: Ex parte application for order for medical examination

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you want a court to order a medical examination for a child or young person, you can make an application without telling the other people involved, this is called an ex parte application. The court can agree to this if it thinks waiting to tell the other people would put the child or young person in danger, or if telling them would stop the court from finding out if the child or young person needs care or protection. You can find more information about this in section 49.

When you make an ex parte application, the court must listen to the lawyer representing the child or young person before making a decision.

If the court agrees to the medical examination, anyone affected by this decision can ask the court to change or cancel it at any time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150029.

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Family and relationships > Children and parentingHealth and wellbeing > Healthcare servicesCrime and justice > Courts and legal help
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49: Court may order medical examination of child or young person, or

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

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51: Court may impose conditions on order for medical examination, or

"Court can add rules to a medical check-up order to keep you safe"

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

50Ex parte application for order for medical examination

  1. An order may be made under section 49 on an ex parte application if the court is satisfied—

  2. that the delay that would be caused by proceeding on notice would or might entail risk to the personal safety of the child or young person who is the subject of the application; or
    1. that proceeding on notice would be likely to prejudice investigations into whether the child or young person is in need of care or protection.

      1. No order may be made under section 49 on an ex parte application unless the barrister or solicitor representing the child or young person has been given an opportunity to be heard.

      2. Where an order is made under section 49 on an ex parte application, any person affected by the order may apply at any time for a variation or discharge of the order.