Oranga Tamariki Act 1989

Provisions relating to procedure in Youth Court - Youth advocates

324: Further provisions relating to youth advocate

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person in court, a youth advocate can represent you. They have the same rights and powers as a lawyer you would pay to represent you. You can find more information about when a youth advocate is appointed in section 323.

If a court makes an order about you, your youth advocate can keep representing you if you want them to. This can include representing you on appeal, which is when you ask a higher court to review the decision, under sections 351, 352, 353, or 354. They can also represent you in the District Court, or if you appeal a sentence or decision, or if something comes up while you are in custody.

Your youth advocate can also do other things to help you, like attend a family group conference under Part 4 and speak on your behalf. They can act for you if you are being held in secure care, or if you are living in a residence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154036.


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Part 5Provisions relating to procedure in Youth Court
Youth advocates

324Further provisions relating to youth advocate

  1. A youth advocate appointed to represent a child or young person in any proceedings shall have, in relation to the representation of that child or young person in those proceedings and on any other occasion on which that youth advocate represents that child or young person, the same rights, powers, duties, privileges, and immunities that the youth advocate would have had if they had not been appointed pursuant to section 323 but had been retained by that child or young person to provide legal representation.

  2. Where—

  3. a youth advocate is appointed to represent a young person in any proceedings; and
    1. in those proceedings the court makes, in respect of that young person, any order under section 283,—
      1. that youth advocate shall, if the young person agrees, be entitled to represent the young person—
      2. on any appeal under section 351 or section 352 or section 353 or section 354 in respect of those proceedings, and in any subsequent proceedings under Part 4 in relation to that order:
        1. where the court makes an order under section 283(o) that the young person be brought before the District Court for sentence or decision,—
          1. in the proceedings before the District Court:
            1. on any appeal against that sentence or decision:
              1. in relation to any matter arising out of that sentence or decision while that young person is detained in custody pursuant to that sentence or decision.
              2. A youth advocate appointed to represent a child or young person in any proceedings may, if requested to do so by the child or young person,—

              3. attend any family group conference held under Part 4 in respect of the child or young person, and may make representations on behalf of the child or young person at any such conference:
                1. act on behalf of the child or young person in respect of any matter relating to the detention of that child or young person in secure care, or the care of that child or young person in a residence.
                  Notes
                  • Section 324(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                  • Section 324(2)(d): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).