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

165: Payment of lay advocate

You could also call this:

"Getting paid for being a lay advocate in court"

Illustration for Oranga Tamariki Act 1989

If you are a lay advocate appointed under section 163, your fees and expenses will be determined by regulations or by the court Registrar. You will get paid from a Crown Bank Account using money that Parliament has set aside for this purpose. The court will decide how much you get paid.

The court can order someone involved in the case to pay back some or all of the fees and expenses to the government if it thinks that is fair. If the court orders someone to pay back money, they will owe that money to the government and it can be recovered in court.

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 It might be out of date or be missing some parts.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=DLM151093.

Topics:
Crime and justice > Courts and legal help
Previous

164: Further provisions relating to lay advocate, or

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

Next

166: Persons entitled to be present at hearing of proceedings in Family Court, or

"Who can be in the courtroom when a child's case is being heard in the Family 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

165Payment of lay advocate

  1. The fees and expenses of a lay advocate appointed under section 163 must—

  2. be determined in accordance with regulations made under this Act or, if no such regulations are made, by the Registrar of the court; and
    1. be paid out of a Crown Bank Account from money appropriated by Parliament for the purpose.

      1. Notwithstanding subsection (1), the court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any court of competent jurisdiction.

      Notes
      • Section 165(1): replaced, on , by section 22 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).