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Oranga Tamariki Act 1989

Provisions relating to procedure in Youth Court - Lay advocates

326: Appointment of lay advocate

You could also call this:

"The court can choose a special helper, called a lay advocate, to support you in the Youth 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 can choose someone to support you. This person is called a lay advocate and they are not a lawyer. The court can pick this person if someone asks them to, or if they decide to do it themselves.

When the court picks a lay advocate, they try to choose someone who is a good fit for you because of who they are, where they come from, what they know, and what they have experienced. This helps the lay advocate do their job properly under the Oranga Tamariki Act. The court wants to make sure the lay advocate can support you well.

The court can still choose a lay advocate for you even if you already have a lawyer.

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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=DLM154039.

Topics:
Crime and justice > Courts and legal help
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325: Payment of youth advocate, or

"Getting paid for being a youth advocate"

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327: Functions of lay advocate, or

"A lay advocate helps the court understand cultural things and represents the child's family and community."

Part 5Provisions relating to procedure in Youth Court
Lay advocates

326Appointment of lay advocate

  1. Where a child or young person appears before the Youth Court charged with an offence, the court may, on application by any person entitled to make representations in those proceedings on behalf of any person, or of its own motion, appoint any person, not being a barrister or solicitor, to appear in support of that child or young person in those proceedings.

  2. Where the court appoints a lay advocate under subsection (1), it shall, so far as practicable, appoint a person who has, by reason of personality, cultural background, knowledge, and experience, sufficient standing in the culture of the child or young person in respect of whom the appointment is to be made to enable that person to carry out their duties under this Act.

  3. The court may make an appointment under subsection (1) notwithstanding that the child or young person is represented in the proceedings by a barrister or solicitor.

Notes
  • Section 326(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 326(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).