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

162: Payment of lawyer appointed under section 159 or 160

You could also call this:

"How the government pays a lawyer appointed to help with a court case"

Illustration for Oranga Tamariki Act 1989

When a lawyer is appointed under section 159 or section 160, you need to know how they get paid. The lawyer's fees and expenses are determined by regulations made under section 16D of the Family Court Act 1980, or by a Registrar of the court if no regulations are made. The fees and expenses are then paid out of public money.

If a lawyer submits an invoice for their fees and expenses, they must give it to a Registrar of the court. The Registrar can decide to adjust the amount of the invoice. You can ask a Family Court Judge to review the Registrar's decision if you are not happy with it.

If the court has already paid the lawyer's fees and expenses, the court can order someone involved in the case to refund the money to the government. This amount is a debt that must be paid, and the court can enforce payment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151089.


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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

162Payment of lawyer appointed under section 159 or 160

  1. The fees and expenses of any lawyer appointed under section 159 or 160 must—

  2. be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by a Registrar of the court; and
    1. be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
      1. An invoice for fees and expenses submitted for payment by a lawyer appointed under section 159 or 160 must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

      2. A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable.

      3. Where the fees and expenses of a lawyer appointed under section 159 or 160 have been paid under subsection (1)(b), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount that the court specifies in respect of those fees and expenses, and the amount ordered to be refunded is a debt due to the Crown by that party and, in default of payment of that amount, payment may be enforced, by order of the District Court or the High Court, as the case may require, in the same manner as a judgment of that court.

      Notes
      • Section 162: replaced, on , by section 7 of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).
      • Section 162(1)(a): amended, on , by section 66(1) of the Statutes Amendment Act 2018 (2018 No 27).
      • Section 162(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 162(2): replaced, on , by section 66(2) of the Statutes Amendment Act 2018 (2018 No 27).
      • Section 162(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).