Page 113 - Registrar Orientation Manual 2016

Document reference:
1969
Effective date:
30 Mar 2010
Expiry date:
01 Jun 2013
Page:
21 of 24
Title:
Informed consent
Type:
Policy
Version:
03
Authorising initials:
6. Summaryofstatutoryprovisionsofwhocangiveconsent
Note: The following summary is intended only as a guide. If you have any concerns, please consult Legal Services.
Persons in Respect of Whom Consent can be given
Who can Give Consent
Consent to what treatment or procedure
Statutory Provisions
Persons 16 years of age or over who have capacity to give consent
Such persons can consent for themselves.
Any medical, surgical, or dental procedure.
S36(1), Care of Children Act 2004
Persons under 16 years of age who lack capacity to give consent
A guardian. In the absence of a guardian, a person in NZ who has been acting in the place of a parent. In the absence of such a person, a District Court Judge or the Chief Executive of the Department of Child, Youth and Family Services.
Any medical, surgical, or dental procedure.
S36(3), Care of Children Act 2004.
Persons under 18 years of age who lack the capacity to give consent
A guardian. In the absence of a guardian, a person in NZ who has been acting in the place of a parent. In the absence of such a person, a District Court Judge or the Chief Executive of the Department of Child, Youth and Family Services.
Any medical, surgical, or dental procedure.
S36(3), Care of Children Act 2004
Persons under 17 years of age in respect of whom agreements have been made under S139, 140, or 141 Children, Young Persons and Their Families Act 1989 for their temporary care, extended care, or the extended care of the severely disabled person.
The Chief Executive of Child Youth and Family Services, Iwi Authority, Cultural Authority, or a Child and Family Support Service.
Any medical, surgical, or dental procedure.
S149 Children, Young Persons and Their Families Act 1989.
Persons under 17 years in respect of whom a medical examination is required by a Social Worker employed by the Department of Child, Youth and Family.
A parent or guardian.
A medical examination other than an examination under anaesthetic or an internal examination of the anus or genitals of the young person, unless the doctor performing the examination believes the child or young person has been sexually abused and the child or young person gives consent.
S53(2), S55 Children, Young Persons and Their Families Act 1989.