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Oranga Tamariki Act 1989

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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When you have a medical examination under section 178, it must be done by a health practitioner that the court thinks is qualified. The court chooses the health practitioner for you. This is to make sure you get a fair examination.

If you have a psychiatric examination under section 178, it must be done by a health practitioner with special training in psychiatry. This health practitioner must have a specialist appointment or be registered to work in psychiatry. They need to have the right qualifications to do the examination.

If you have a psychological examination under section 178, it can be done by a health practitioner with special training in psychiatry, or a registered psychologist. It can also be done by someone the court chooses, if that person has the right qualifications and is allowed to work as a psychologist in their own country. The court must be satisfied that this person is qualified to do the examination.

When you are examined under section 178(1), you are allowed to have an adult with you, if possible. This adult can be someone you choose, or someone chosen by the chief executive if you are too young to choose. The adult must agree to be there with you during the examination.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151617.

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

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

  1. Every medical examination carried out under subsection (1) or subsection (2) of section 178 shall be carried out by a health practitioner whom the court considers qualified for the purpose.

  2. Every psychiatric examination carried out under subsection (1) or subsection (2) of section 178 shall be carried out by a health practitioner holding a specialist psychiatric appointment or holding vocational registration in the speciality of psychological medicine or psychiatry.

  3. Every psychological examination carried out under subsection (1) or subsection (2) of section 178 shall be carried out by—

  4. a health practitioner holding a psychiatric appointment or holding vocational registration in the speciality of psychological medicine or psychiatry; or
    1. a registered psychologist; or
      1. a person appointed by the court for the purpose, being a person whom the court is satisfied—
        1. is entitled to practise as a psychologist, or in the speciality of psychological medicine or psychiatry, in that person's country of permanent residence; and
          1. has qualifications that, in the view of the appropriate registering body in New Zealand, are at least equivalent to those required of a person referred to in paragraph (a) or paragraph (b).

          2. Every child or young person who is examined under section 178(1) is, where practicable, entitled to have present during that examination 1 adult—

          3. who is nominated for that purpose by that child or young person or, if the age or level of maturity of the child or young person makes it impracticable for that child or young person to make such a nomination, by the chief executive; and
            1. who consents to be present.

              Compare
              • 1974 No 72 s 42A(4)
              • 1977 No 126 s 13
              Notes
              • Section 179(1): amended, on , by section 11(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 179(2): replaced, on , by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).
              • Section 179(2): amended, on , by section 11(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 179(3): replaced, on , by section 27 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
              • Section 179(3)(a): replaced, on , by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).
              • Section 179(3)(a): amended, on , by section 11(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 179(4)(a): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 179(4)(a): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).