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Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Appointment of persons to represent child or young person or assist court

159: Appointment of lawyer to represent child or young person in proceedings

You could also call this:

"The court chooses a lawyer to help you if you're a child or young person in a court case and don't have one."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person in a court case under Part 2 or Part 3A of the Oranga Tamariki Act 1989, and you do not have a lawyer, the court or the Registrar of the court must appoint a lawyer to represent you. The court or Registrar will choose a lawyer who is suitable for you because of their personality, cultural background, training, and experience. This lawyer will represent you in the court case and for any other purpose the court thinks is desirable.

If the court case is finished, or the lawyer is no longer needed for the original purpose, the court can still extend the lawyer's appointment or appoint a new lawyer if it is necessary or desirable for you. The court can also ask the Registrar to do these things. The lawyer's job is to represent you and help you in the court case.

When the court chooses a lawyer for you, they must pick someone who is a good fit for you. The court wants to make sure you have a lawyer who can help you and understand your needs. This is an important part of making sure you are treated fairly in the court case.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151084.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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"The court can hear multiple applications about the same child at the same time to make things easier for them."

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"The court can choose a lawyer to help make fair decisions for you."

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Appointment of persons to represent child or young person or assist court

159Appointment of lawyer to represent child or young person in proceedings

  1. Where a child or young person who is the subject of any proceedings under Part 2 or Part 3A is not represented by a lawyer, the court or the Registrar of the court must appoint a lawyer to represent the child or young person—

  2. in those proceedings:
    1. for any other specified purpose (including in relation to other proceedings under this Act or any other Act) considered desirable.

      1. Where a court or a Registrar appoints a lawyer under subsection (1), the court or the Registrar (as the case may be) must, so far as practicable, appoint a lawyer who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the child or young person.

      2. Although the proceedings in respect of which any lawyer was appointed under subsection (1)(a) have been disposed of, or that the appointment is no longer required for any other purpose specified under subsection (1)(b), the court may, if it is satisfied that it is necessary or desirable in the interests of the child or young person to do so,—

      3. extend the lawyer’s appointment for any specified purpose; or
        1. subject to subsection (2), appoint any other lawyer to represent the child or young person for any specified purpose; or
          1. direct the Registrar of the court to do either of these things.

            Compare
            Notes
            • Section 159 heading: replaced, on , by section 5(1) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).
            • Section 159(1): replaced, on , by section 4(1) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
            • Section 159(1): amended, on , by section 5(2) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).
            • Section 159(2): amended, on , by section 5(2) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).
            • Section 159(2): amended, on , by section 4(2) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
            • Section 159(3): replaced, on , by section 4(3) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
            • Section 159(3): amended, on , by section 5(2) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).
            • Section 159(3)(a): amended, on , by section 5(3) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).
            • Section 159(3)(b): amended, on , by section 5(2) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).