Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

Medical examination of child or young person

49 Court may order medical examination of child or young person

(1)

Where the court is satisfied—

(a)

that there are reasonable grounds for suspecting that a child or young person is suffering ill-treatment, abuse, neglect, deprivation, or serious harm; and

(b)

that it is expedient that a medical examination of that child or young person be carried out for the purpose of determining whether that suspicion is well-founded,—

the court may order the child or young person to attend for a medical examination by a health practitioner whom the court considers qualified for the purpose.

(2)

An application for an order under subsection (1) may be made by the chief executive or a constable.

(3)

Every application for an order under subsection (1) shall be served on the barrister or solicitor representing the child or young person and on such other persons as the court directs.

(4)

The following persons shall be entitled to appear and be heard on the hearing of an application under this section:

(a)

the applicant:

(b)

any person on whom the application is served:

(c)

with the leave of the court, any other person.

Section 49(1): amended, on 31 January 2018, by section 6 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).

Section 49(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 49(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 49(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).