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

Reports

178 Medical, psychiatric, and psychological reports

(1)

If, at any stage of any proceedings under Part 2 or Part 3A, it appears to the court to be expedient that a medical, psychiatric, or psychological report should be available to the court in respect of any child or young person to whom the proceedings relate, the court may, on application by any party to the proceedings or the barrister or solicitor representing the child or young person, or of its own motion, if it thinks fit,—

(a)

order the child or young person to attend for a medical, psychiatric, or psychological examination; or

(b)

where the child or young person is, or is to be, held in the custody of the chief executive or detained in any residence, order that the child or young person undergo a medical, psychiatric, or psychological examination at the place at which the child or young person is, or is to be, detained.

(2)

Subject to subsection (3) if, at any stage of any proceedings under Part 2 or Part 3A, it appears to the court to be expedient that a medical, psychiatric, or psychological report should be available to the court in respect of any parent or guardian or other person having the care of any child or young person to whom the proceedings relate or any person who it is proposed should have the care of the child or young person, the court may, on application by any party to the proceedings, or of its own motion, if it thinks fit, order the parent or guardian or other person having the care of the child or young person, or other person, to attend for a medical, psychiatric, or psychological examination.

(3)

The court shall not make an order under subsection (2) requiring any person to undergo any medical, psychiatric, or psychological examination unless that person consents to the making of that order.

(4)

Subject to the right of the person who refuses to consent to the order to explain the reasons for that person’s refusal, and to cross-examine witnesses and call evidence, the court may draw such inferences (if any) from the fact of the refusal as appear to it to be proper in the circumstances.

Compare: 1974 No 72 s 42A(1)–(2); 1977 No 126 s 13

Section 178(1): amended, on 1 November 1999, by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).

Section 178(1)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 178(2): amended, on 1 November 1999, by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).