Oranga Tamariki Act 1989

Provisions relating to procedure in Youth Court - Youth advocates

323: Appointment of youth advocate to represent child or young person

You could also call this:

"The court chooses a lawyer to help you if you're a child or young person in court."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you have to go to the Youth Court because you are charged with an offence, the court will appoint a barrister or solicitor to represent you. This will not happen if you already have a barrister or solicitor, or if the court is satisfied that you will get one soon. The court will choose a barrister or solicitor who is a good fit for you, considering their personality, cultural background, training, and experience.

When the court chooses a barrister or solicitor for you, they will try to pick someone who is suitable for your case. If you have already had a youth advocate in the past, the court will try to appoint that same youth advocate to represent you again, if possible, even if they were appointed to represent you at a family group conference under section 248A.

The court wants to make sure you have someone to represent you who understands you and can help you with your case. They will consider your needs and try to find the best person to help you.

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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=DLM154035.


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324: Further provisions relating to youth advocate, or

"Rules about how a youth advocate can help you in court"

Part 5Provisions relating to procedure in Youth Court
Youth advocates

323Appointment of youth advocate to represent child or young person

  1. Where a child or young person appears before the Youth Court charged with an offence, then unless—

  2. the child or young person is already represented by a barrister or solicitor in those proceedings; or
    1. the court is satisfied that legal representation has been arranged, or will be arranged, for that child or young person in those proceedings,—
      1. the court shall appoint a barrister or solicitor to represent that child or young person in those proceedings.

      2. Where the court appoints a barrister or solicitor under subsection (1), it shall, so far as practicable, appoint a barrister or solicitor who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the child or young person.

      3. Where,—

      4. pursuant to subsection (1), the court is required to appoint a barrister or solicitor to represent a child or young person in any proceedings; and
        1. a youth advocate has been appointed to represent the child or young person in any previous proceedings or appointed to represent a child or young person at a family group conference under section 248A,—
          1. the court shall, where possible, appoint that youth advocate to represent the child or young person in the later proceedings.

          Notes
          • Section 323(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 323(3)(b): amended, on , by section 122 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).