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Oranga Tamariki Act 1989

Care and protection of children and young persons - Support orders

98: Court not to impose condition requiring medical treatment without person's consent

You could also call this:

"Courts can't make you have medical treatment without your consent or a parent's agreement."

Illustration for Oranga Tamariki Act 1989

The court cannot make you have medical treatment if you do not want it. If you are under 16, your parent or guardian must agree to the treatment, unless they cannot be found or are not able to agree. In that case, someone who is acting like a parent to you, or the court, or the chief executive can agree.

If you are 16 or older, you must agree to the treatment yourself. This rule applies to conditions under section 96 or section 97. The court must get your consent, or the consent of someone who can make decisions for you, before making you have any medical treatment.

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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=DLM150414.

Topics:
Health and wellbeing > Healthcare servicesFamily and relationships > Children and parenting
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Part 2Care and protection of children and young persons
Support orders

98Court not to impose condition requiring medical treatment without person's consent

  1. The court shall not impose any condition under section 96 or section 97 requiring any person to undergo any medical, psychiatric, or psychological examination or treatment, or any psychological or psychiatric counselling or therapy, unless consent to the examination, treatment, or counselling is given—

  2. in the case of a child or young person under the age of 16 years—
    1. by a parent or guardian (not being the chief executive) of the child or young person; or
      1. if there is no such parent or guardian in New Zealand or no such parent or guardian can be found with reasonable diligence or is capable of giving consent, by a person in New Zealand who has been acting in the place of a parent; or
        1. if there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by the court or the chief executive:
        2. in the case of any other person, by that person.

          Compare
          • 1974 No 72 s 47(1)(e)
          • 1983 No 129 s 12(1)
          Notes
          • Section 98(a)(i): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 98(a)(iii): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).