Consent to medical procedures

36 Consent to procedures generally

(1)

A consent, or refusal to consent, to any of the following, if given by a child of or over the age of 16 years, has effect as if the child were of full age:

(a)

any donation of blood by the child:

(b)

any medical, surgical, or dental treatment or procedure (including a blood transfusion, which, in this section, has the meaning given to it by section 37(1)) to be carried out on the child for the child’s benefit by a person professionally qualified to carry it out.

(2)

A child’s consent, or refusal to consent, to any donation of blood, or to any medical, surgical, or dental treatment or procedure (including a blood transfusion), whether to be carried out on the child or on any other person, has the same effect as if the child were of full age if the child is or has been—

(a)

married or in a civil union; or

(b)

living with another person as a de facto partner.

(3)

If the consent of any other person to any medical, surgical, or dental treatment or procedure (including a blood transfusion) to be carried out on a child is necessary or sufficient, consent may be given—

(a)

by a guardian of the child; or

(b)

if there is no guardian in New Zealand or no guardian of that kind 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

(c)

if there is no person in New Zealand who has been so acting, or if no person of that kind can be found with reasonable diligence or is capable of giving consent, by a District Court Judge or the chief executive.

(4)

If a child has been lawfully placed for the purpose of adoption in the home of any person, then, for the purposes of subsection (3), that person must be treated as a guardian of the child.

(5)

Nothing in this section affects an enactment or rule of law by or under which, in any circumstances,—

(a)

no consent or no express consent is necessary; or

(b)

the consent of the child in addition to that of any other person is necessary; or

(c)

subject to subsection (2), the consent of any other person instead of the consent of the child is sufficient.

(6)

Except to the extent that this section enables a blood transfusion to be administered to a child without the consent of any other person, nothing in this section affects section 37.

(7)

Subsection (1) is subject to subsection (6).

Compare: 1968 No 63 s 25

Section 36(2)(a): amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).