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 - Attendance at hearings and right to make representations

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When you are in the Family Court for a case about a child or young person, only certain people can be there. These people are the officers of the court, the child's parents or guardians, the child themselves, and anyone who is a party to the case. You can also have a near relative, a member of your whanau or family group, or a representative from a social service there to support you.

If you want a support person to be with you in court, you need to ask the Judge and they will usually say yes unless they have a good reason not to. The Judge can ask some people to leave the courtroom, like a witness, a reporter, or a support person. You have to leave if the Judge asks you to.

The court has the power to decide who can be there and who cannot, and they can also choose to hear the case in private if they want to. They can let a McKenzie friend be present or exclude anyone from the court. The Judge's decision is important and you need to follow what they say.

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 It might be out of date or be missing some parts.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=DLM151095.

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

165: Payment of lay advocate, or

"Getting paid for being a lay advocate in court"

Next

167: Child or young person may give evidence in private, or

"A kid can give evidence in a private court room if the Judge thinks it's best."

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Attendance at hearings and right to make representations

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

  1. No person shall be present during the hearing of any proceedings in the Family Court under Part 2 or Part 3A relating to a child or young person except—

  2. officers of the court:
    1. the parents or guardians or any other person having the care of the child or young person:
      1. the child or young person:
        1. any person who is a party to the proceedings:
          1. any near relative of the child or young person:
            1. any member of the child's or young person's whanau or family group:
              1. where there is an appropriate iwi social service or cultural social service with respect to the child or young person, a representative of that social service:
                1. any director of a child and family support service or a representative of any such person:
                  1. any barrister or solicitor representing—
                    1. any parent or guardian or other person having the care of the child or young person:
                      1. the child or young person:
                        1. any person who is a party to the proceedings:
                        2. any barrister or solicitor appointed under section 160 to assist the court:
                          1. any care and protection co-ordinator:
                            1. the chief executive:
                              1. any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:
                                1. witnesses:
                                  1. accredited news media reporters:
                                    1. persons whom the Judge permits to be present as support persons for—
                                      1. the child or young person on a request by that child or young person:
                                        1. a party on a request by that party:
                                        2. any person whom the Judge permits to be present.

                                          1. The Judge must agree to a request under subsection (1)(nb) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.

                                          2. If, during the hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:

                                          3. a witness:
                                            1. an accredited news media reporter:
                                              1. a support person whom the Judge permitted to be present under subsection (1)(nb).

                                                1. Nothing in this section limits any other power of the court—

                                                2. to hear proceedings in private; or
                                                  1. to permit a McKenzie friend to be present; or
                                                    1. to exclude any person from the court.

                                                      Compare
                                                      Notes
                                                      • Section 166(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                      • Section 166(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 166(1)(g): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                                                      • Section 166(1)(l): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                                                      • Section 166(1)(na): inserted, on , by section 6(1) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
                                                      • Section 166(1)(nb): inserted, on , by section 6(1) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
                                                      • Section 166(2): replaced, on , by section 6(2) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
                                                      • Section 166(3): inserted, on , by section 6(2) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).
                                                      • Section 166(4): inserted, on , by section 6(2) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).