Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Rights of patients - Additional rights of children or young persons

66: Parents and others to be informed of decisions

You could also call this:

"People making decisions about you must tell you and your family what's happening and why."

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

If you are a child or young person and someone makes a decision about you under this Act, they must tell your parents or guardians, and the people who take care of you, about that decision. They must also tell you about the decision, unless you are not able to understand it or it is not good for you to know. They have to give you this information as soon as they can, and they have to explain why they made the decision. They should tell you and your parents or guardians in a way that you can understand, and they should tell you in person and also in writing if they can.

If you were in the care of the chief executive or someone else under the Oranga Tamariki Act 1989 when you became subject to compulsory status, they also have to give this information to the chief executive or that other person in writing. They have to make sure you get the information in a way that makes sense to you. You have the right to know what is happening to you and why.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609215.


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"You can have a chosen adult with you when a doctor or Judge talks to you."


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Part 2Assessment and treatment of persons suffering from severe substance addiction
Rights of patients: Additional rights of children or young persons

66Parents and others to be informed of decisions

  1. A person who takes any action, or makes any decision, under this Act that significantly affects any patient who is a child or young person, must ensure that, where practicable, the following persons are informed, as soon as practicable, of that action or decision and of the reasons for it:

  2. every person who is a parent or guardian of, and any other person who has the day-to-day care of, the child or young person:
    1. the child or young person.
      1. It is not necessary to inform a child or young person of any action or decision if—

      2. the child or young person is incapable of understanding it; or
        1. it is plainly not in the child's or young person's interests to be so informed.
          1. The information required by subsection (1) to be given to any person must be given—

          2. orally and, where practicable, in writing; and
            1. where practicable, in a manner and in language that the person understands.
              1. If, at the time the child or young person became subject to compulsory status, the child or young person was in the custody or under the guardianship or in the care of the chief executive or any other person under the Oranga Tamariki Act 1989, the information described in subsection (1) must also be given, in writing, to the chief executive or to that other person.

              Notes
              • Section 66(4): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).