Plain language law

New Zealand law explained for everyone

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

164: Further provisions relating to lay advocate

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a lay advocate for a child or young person in court, your main jobs are to make sure the court knows about any cultural matters that are important to the case, and to represent the interests of the child's or young person's family and community. You do this to help the court make good decisions. The court appoints you under section 163 to help with this.

When you are a lay advocate, you get to see all the documents that the parties to the case get, so you are well-informed. You can also call witnesses, ask them questions, and ask the court to get reports to help with the case.

You can go to family group conferences and speak up for the child or young person, and you can also talk to the court about where the child or young person will live, if they need to be in a special residence or secure care.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM151092.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
Previous

163: Appointment of lay advocate, or

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

Next

165: Payment of lay advocate, or

"Getting paid for being a lay advocate 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

164Further provisions relating to lay advocate

  1. The principal functions of a lay advocate appointed under section 163 are as follows:

  2. to ensure that the court is made aware of all cultural matters that are relevant to the proceedings:
    1. to represent the interests of the child's or young person's whanau, hapu, and iwi (or their equivalents (if any) in the culture of the child or young person) to the extent that those interests are not otherwise represented in the proceedings.

      1. A lay advocate appointed under section 163 in respect of any proceedings—

      2. shall be served with all documents required to be served on the parties to the proceedings; and
        1. may—
          1. call any person as a witness in the proceedings:
            1. cross-examine witnesses called by any party to the proceedings or by the court:
              1. request the court to obtain any report that the court is empowered to obtain for the purposes of the proceedings:
                1. attend any family group conference held in respect of the child or young person who is the subject of the proceedings, and make representations on behalf of the child or young person at any such conference:
                  1. make representations on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.