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A recent High Court case involved a dispute over the medical care of a six year old girl diagnosed with B-cell acute lymphoblastic leukaemia. After initially consenting to their daughter receiving chemotherapy, her parents withdrew consent before the child had finished her treatment, opting instead for alternative natural therapies.
Health New Zealand (Health NZ) sought an urgent guardianship order under the Care of Children Act 2004 to ensure the child received the chemotherapy deemed necessary for her survival. Health NZ sought an order placing the child under the guardianship of the Court, and to appoint medical professionals and Oranga Tamariki as agents of the Court to consent to and facilitate treatment.
The Court granted such guardianship on a temporary basis after it was discovered that the child and her mother were intending to leave New Zealand the same day.
The parents believed that alternative therapies would be best for their child and cited concerns about the chemotherapy that she was previously receiving.
In cases such as these involving medical treatment, the child's welfare and best interests are the paramount consideration. Ultimately, the Court reaffirmed its jurisdiction to override parental refusal where medical treatment is necessary for the child’s life or health. Further, it was noted that even though the parents were acting out of love and concern for their daughter, they were nevertheless placing her at significant risk by refusing proven treatment.
The Court made orders placing the child under the guardianship of the High Court. It appointed her doctors and the Chief Executive of Oranga Tamariki as Court agents to consent to and ensure treatment occurred.
This case is a vivid reminder of how intricate family law matters can become when medical treatment, cultural values, and legal authority intersect. It also highlights the necessity for swift, compassionate legal intervention to protect children’s lives while respecting the family dynamic.
Our Family Law team has extensive experience with guardianship applications under the Care of Children Act 2004 (including urgent matters). If your family is facing a guardianship issue or a medical consent dispute, we are here to help you understand your rights, obligations, and options. Contact Kristina Dunne on 09 985 2520 or @email