Consent for Children and Young People
At The Psychology Group, we take great care to ensure that consent for assessment and therapy is obtained in a legally sound, child-centred and developmentally appropriate way. New Zealand’s approach to consent for children and young people is guided by the Care of Children Act 2004 (COC Act), the Code of Health and Disability Services Consumers' Rights and international conventions recognising children’s rights.
Understanding who can give consent
Under the COC Act, a child is anyone under 18 years of age. Young people aged 16 or older are generally able to consent to, or refuse, medical or psychological treatment if they are competent to do so. Across all ages, the central principle is that the welfare and best interests of the child are paramount.
Role of parents and guardians
Parents and Guardians hold the responsibility to make important decisions with or for their child, including decisions about non-routine health care such as psychological assessment and therapy. The law requires guardians to act jointly in these decisions.
When a young person is sufficiently mature and able to make an informed choice, the guardian’s role shifts from decision-maker to advisor and supporter. In practice, we work collaboratively wherever possible, ensuring respect for both the young person’s autonomy and the guardian’s responsibilities.
Competence
Clinical standards emphasise a young person’s competence rather than a fixed age threshold. This approach is consistent with the landmark Gillick v West Norfolk (1985) decision and the New Zealand Code of Rights.
A young person may consent to their own treatment if they:
understand the nature of the service
can grasp the benefits, risks and consequences
are able to express their own wishes
The Code of Rights presumes competence unless there are reasonable grounds to believe otherwise.
Encouraging family involvement
While competent young people can consent on their own behalf, our practitioners are encouraged to involve parents or whānau wherever appropriate. This is reinforced by both the Gillick decision and the United Nations Convention on the Rights of the Child, which recognises children as individuals with rights, including a voice in decisions about their well-being.
When a psychologist may see a young person independently
For those under 16, a psychologist may see a young person without parental knowledge or agreement if the young person is considered a mature minor with the capacity to make an informed decision. Even in these situations, we will encourage the involvement of parents or guardians unless doing so would place the young person at risk or undermine their safety or wellbeing. This page explains how The Psychology Group uses any information you give to us through this website and the way we protect your privacy.
Requesting Information About Your Child
If you are seeking information about your child’s therapy or assessment, please be aware that our ability to share details depends on your child’s legal rights, their age and stage of development, and their capacity to make informed decisions.
Where a young person is considered competent to consent to their own treatment, they also hold the right to confidentiality. In these situations, we will involve the young person in discussions about what can be shared, and we will always prioritise their care, wellbeing and therapeutic trust.
We encourage parents and guardians to speak with us early if they have questions or concerns. We are committed to working transparently, supporting whānau involvement wherever appropriate, and helping families navigate these consent and privacy decisions thoughtfully and legally.