Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Preliminary provisions - Principles applying to exercise of powers

13: Additional principles applying to exercise of powers over children or young persons

You could also call this:

"Special rules to consider when making decisions about children and young people with substance addiction issues"

Illustration for Substance Addiction (Compulsory Assessment and Treatment) Act 2017

When you are making decisions about a child or young person under the Substance Addiction Act, you must think about some extra important things. You should try to involve the child or young person's family, whānau, hapū, iwi, and family group in the decision-making process and listen to their views.

You should also try to keep and strengthen the child or young person's connections with their family, whānau, hapū, iwi, and family group. Before making a decision, you need to think about how it will affect the child or young person's wellbeing and the stability of their family.

You should consider what the child or young person wants, and give their wishes the right amount of importance based on their age, maturity, and culture. You should make decisions quickly, so the child or young person does not have to wait too long, and you can find more information about this by looking at the Substance Addiction Act and other related laws, such as the 1989 No 24.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609149.


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12: Principles applying to exercise of powers over patients, or

"Rules to keep patients safe and respected when making decisions about their treatment"


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Part 1Preliminary provisions
Principles applying to exercise of powers

13Additional principles applying to exercise of powers over children or young persons

  1. Every person and every court that exercises, or proposes to exercise, a power conferred by or under this Act in respect of a patient who is a child or young person must be guided by any of the following additional principles that are relevant to the exercise or proposed exercise of the power:

  2. wherever possible, the family, whānau, hapū, iwi, and family group of the child or young person should participate in the making of decisions affecting the child or young person and, accordingly, regard should be had to the views of the family, whānau, hapū, iwi, and family group:
    1. wherever possible, the ties of the child or young person with his or her family, whānau, hapū, iwi, and family group should be maintained and strengthened:
      1. a decision affecting the child or young person may be taken only after consideration of the likely impact of the decision—
        1. on the welfare of the child or young person; and
          1. on the stability of the family, whānau, and family group of the child or young person:
          2. consideration should be given to the wishes of the child or young person, to the extent that those wishes can reasonably be ascertained, and those wishes should be given the weight that is appropriate in the circumstances, having regard to the age, maturity, and culture of the child or young person:
            1. decisions affecting the child or young person should, whenever practicable, be made and implemented within a time frame that is appropriate to the sense of time of the child or young person.
              Compare
              • 1989 No 24 s 5