Oranga Tamariki Act 1989

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

199: Power of court to call witnesses

You could also call this:

"The court can ask people to be witnesses to help make a decision in a case."

Illustration for Oranga Tamariki Act 1989

When you are in court for a case under Part 2 or Part 3A of the Oranga Tamariki Act, the court can call someone to be a witness. The court can choose anyone they think will help them make a decision. This can include a parent, guardian, or someone who takes care of the child.

If the court calls you as a witness, you have the right to refuse to answer some questions. You can be asked questions by the court or by a lawyer helping the court. You can also be asked questions by the other side in the case.

The court follows rules from the Criminal Procedure Act 2011 when calling witnesses. You can read about these rules in sections 159 and 161 to 165 of the Act.

If the court calls you as a witness, you might get paid for your time and expenses. This money comes from a special government account.

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

199Power of court to call witnesses

  1. In any proceedings in a court under Part 2 or Part 3A (not being proceedings for a care or protection order on the ground specified in section 14(1)(e)) the court may, of its own motion, call as a witness any person whose evidence may, in its opinion, be of assistance to the court.

  2. The power conferred by subsection (1) shall include power to call as a witness any parent or guardian or other person having the care of the child or young person to whom the proceedings relate, or any person with whom any parent or guardian or other person is cohabiting, or any near relative of the child or young person.

  3. A witness called by the court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings.

  4. A witness called by the court under this section may be examined and re-examined by the court, or by any barrister or solicitor assisting the court, and may be cross-examined by or on behalf of any party to the proceedings or by any barrister or solicitor or lay advocate appointed to represent a child or young person to whom the proceedings relate.

  5. Sections 159 and 161 to 165 of the Criminal Procedure Act 2011, so far as they are applicable and with the necessary modifications, shall apply with respect to every person called as a witness by the court under this section as if that person had been called by a party to the proceedings.

  6. The expenses of any witness called by the court under this section, in accordance with the prescribed scale of witnesses expenses, shall be paid in the first instance out of a Crown Bank Account from money appropriated by Parliament for the purpose.

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Notes
  • Section 199(1): amended, on , by section 93 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
  • Section 199(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 199(5): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
  • Section 199(6): amended, on , pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).