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

163: Appointment of lay advocate

You could also call this:

"The court can appoint a special helper, called a lay advocate, to support you in court and understand your needs and culture."

Illustration for Oranga Tamariki Act 1989

The court can choose a person to support you in court when you are part of a case under Part 2 or Part 3A of the Oranga Tamariki Act. This person is called a lay advocate and they are not a lawyer. The court can pick someone who knows about your culture and can help you.

The court wants to choose a lay advocate who has a good relationship with your culture, so they can do their job properly. You might already have a lawyer, but the court can still choose a lay advocate to support you.

The court can keep the lay advocate's job going even if the case is finished, if they think it is best for you. They can also choose a new lay advocate for you if they think that is what you need.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151090.


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164: Further provisions relating to lay advocate, or

"Rules for a lay advocate helping a child or young person in court"

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

163Appointment of lay advocate

  1. The court may, at any stage of any proceedings under Part 2 or Part 3A, on application by any party to the proceedings or of its own motion, appoint, in respect of the child or young person who is the subject of those proceedings, any person, not being a barrister or solicitor, to appear in support of that child or young person in those proceedings and, if the court thinks desirable, for such other purposes (including any other proceedings under this Act or any other enactment) as the court may specify.

  2. Where the court appoints a lay advocate under subsection (1), it shall, so far as practicable, appoint a person who has, by reason of personality, cultural background, knowledge, and experience, sufficient standing in the culture of the child or young person in respect of whom the appointment is to be made to enable that person to carry out their duties under this Act.

  3. The court may make an appointment under subsection (1) notwithstanding that the child or young person is represented in the proceedings by a barrister or solicitor.

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

  5. extend that lay advocate's appointment; or
    1. make a further appointment under subsection (1) in respect of that child or young person—
      1. for such purpose as the court may specify.

      Notes
      • Section 163(1): amended, on , by section 6 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).
      • Section 163(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).