Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Mediation conferences

172: Procedure at mediation conference

You could also call this:

"What happens at a mediation meeting to help sort out a problem"

Illustration for Oranga Tamariki Act 1989

When you are at a mediation conference, a Family Court Judge is in charge. You are allowed to be there if you are the child or young person the conference is about, unless the Judge thinks it is not a good idea. Your lawyer can also be there to represent you.

The people who get a notice about the conference can be there too, and so can the lawyers for your parents or guardians. Sometimes, a lay advocate can come to support you or your family. The Judge can also let other people come if they ask permission.

The conference is usually private, which means it is not open to the public. The Judge can stop the conference and start it again at a different time and place if they need to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151607.


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171: Objectives of mediation conference, or

"What a mediation conference aims to achieve: solving problems together"


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173: Presiding Judge to make record of proceedings at mediation conference, or

"The judge writes down what you agree on at a mediation meeting."

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Mediation conferences

172Procedure at mediation conference

  1. Every mediation conference shall be presided over by a Family Court Judge.

  2. The following persons are entitled to be present at, and to participate in, a mediation conference:

  3. the child or young person to whom the proceedings in respect of which the conference is held relate, unless, in the case of a child, the presiding Judge considers that the attendance of that child would be inappropriate:
    1. the barrister or solicitor representing the child or young person:
      1. any other person to whom the notice required by section 170(2)(b) must be given:
        1. subject to any direction by the presiding Judge to the contrary,—
          1. any barrister or solicitor representing any parent or guardian or other person having the care of the child or young person who is the subject of the proceedings in respect of which the conference is held:
            1. any lay advocate who appears in support of that child or young person or any parent or guardian or other person having the care of that child or young person:
            2. with the leave of the presiding Judge, any other person.
              1. Subject to any direction by the presiding Judge to the contrary, every mediation conference shall be held in private.

              2. The presiding Judge may from time to time adjourn a mediation conference to such time and place as the Judge may determine.

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