Section 98 — Children, Young Persons, and Their Families Act 1989: Court not to impose condition requiring medical treatment without person's consent

98 Court not to impose condition requiring medical treatment without person's consent The Court shall not impose any condition under section 96 or section 97 of this Act requiring any person to undergo any medical, psychiatric, or psychological examination or treatment, or any psychological or psychiatric counselling or therapy, unless consent to the examination, treatment, or counselling is given— (a) In the case of a child or young person under the age of 16 years— (i) By a parent or guardian (not being the chief executive) of the child or young person; or (ii) If there is no such parent or guardian in New Zealand or no such parent or guardian 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 (iii) If there is no person in New Zealand who has been so acting, or if no such person can be found with reasonable diligence or is capable of giving consent, by the Court or the chief executive: (b) In the case of any other person, by that person. Compare: 1974 No 72 s 47(1)(e); 1983 No 129 s 12(1) Paragraph (a)(i) and (iii) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .