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Oranga Tamariki Act 1989

Youth justice - Supervision with residence orders

319: Medical treatment of young person in custody of chief executive

You could also call this:

"Getting medical help when Oranga Tamariki is looking after you"

Illustration for Oranga Tamariki Act 1989

If you are a young person in the care of the chief executive because of an order made under section 311, you can only get medical treatment if someone agrees to it. If you are 16 or older, you can agree to the treatment yourself. If you are under 16, a parent or guardian who is not the chief executive must agree, or someone in New Zealand who has been acting like a parent to you can agree.

If there is no parent or guardian in New Zealand, or no one can be found to agree, a District Court Judge or the chief executive can agree to the medical treatment. You will only get medical treatment if one of these people agrees to it. The chief executive is in charge of your care because of the order made under section 311.

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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=DLM154022.

Topics:
Health and wellbeing > Healthcare servicesFamily and relationships > Children and parentingFamily and relationships > Adoption and guardianship
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Part 4Youth justice
Supervision with residence orders

319Medical treatment of young person in custody of chief executive

  1. No young person who has been placed in the custody of the chief executive pursuant to an order made under section 311 shall receive any medical treatment unless consent to the treatment is given—

  2. in the case of a young person of or over the age of 16 years, by that young person; or
    1. in any other case,—
      1. by a parent or guardian (not being the chief executive) of the 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 a District Court Judge or the chief executive.

          Notes
          • Section 319 heading: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 319: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 319(b)(i): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 319(b)(iii): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).