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Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Miscellaneous provisions

196: Opportunity to be heard if court to exercise certain discretion

You could also call this:

"The court must listen to a child's lawyer before making a big decision about them."

Illustration for Oranga Tamariki Act 1989

If a court is making a decision about a child or young person, and they need to use their discretion under section 69 of the Evidence Act 2006, the court must let the child or young person's lawyer speak. The lawyer is appointed under section 159 of this Act to represent the child or young person. The court must give the lawyer a chance to talk about the matter.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151645.

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Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Miscellaneous provisions

196Opportunity to be heard if court to exercise certain discretion

  1. If a court is, in relation to a child or young person, asked to exercise its discretion under section 69 of the Evidence Act 2006, the court must give the lawyer appointed under section 159 of this Act to represent the child or young person an opportunity to be heard on the matter.

Notes
  • Section 196: replaced, on , by section 25 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).