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Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Reports

178: Medical, psychiatric, and psychological reports

You could also call this:

"Getting a medical check when you're involved in a court case"

Illustration for Oranga Tamariki Act 1989

If you are involved in a court case under Part 2 or Part 3A of the Oranga Tamariki Act 1989, the court might want a medical, psychiatric, or psychological report about you. The court can order you to have a medical check if it thinks it is necessary. You might have to go to a special place for the check or have it done where you are living. The court can make this decision on its own or if someone involved in the case asks for it.

If the court wants a report about one of your parents or guardians, it can order them to have a medical check. But the court cannot make someone have a medical check if they do not agree to it. If someone refuses to have a check, the court can think about why they said no and use that information to make decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151614.

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179: Further provisions relating to medical, psychiatric, and psychological examinations, or

"Rules for medical, psychiatric, and psychological exams to ensure they are fair and done by qualified people"

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Reports

178Medical, psychiatric, and psychological reports

  1. If, at any stage of any proceedings under Part 2 or Part 3A, it appears to the court to be expedient that a medical, psychiatric, or psychological report should be available to the court in respect of any child or young person to whom the proceedings relate, the court may, on application by any party to the proceedings or the barrister or solicitor representing the child or young person, or of its own motion, if it thinks fit,—

  2. order the child or young person to attend for a medical, psychiatric, or psychological examination; or
    1. where the child or young person is, or is to be, held in the custody of the chief executive or detained in any residence, order that the child or young person undergo a medical, psychiatric, or psychological examination at the place at which the child or young person is, or is to be, detained.

      1. Subject to subsection (3) if, at any stage of any proceedings under Part 2 or Part 3A, it appears to the court to be expedient that a medical, psychiatric, or psychological report should be available to the court in respect of any parent or guardian or other person having the care of any child or young person to whom the proceedings relate or any person who it is proposed should have the care of the child or young person, the court may, on application by any party to the proceedings, or of its own motion, if it thinks fit, order the parent or guardian or other person having the care of the child or young person, or other person, to attend for a medical, psychiatric, or psychological examination.

      2. The court shall not make an order under subsection (2) requiring any person to undergo any medical, psychiatric, or psychological examination unless that person consents to the making of that order.

      3. Subject to the right of the person who refuses to consent to the order to explain the reasons for that person's refusal, and to cross-examine witnesses and call evidence, the court may draw such inferences (if any) from the fact of the refusal as appear to it to be proper in the circumstances.

      Compare
      • 1974 No 72 s 42A(1)–(2)
      • 1977 No 126 s 13
      Notes
      • Section 178(1): amended, on , by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
      • Section 178(1)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
      • Section 178(2): amended, on , by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).