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Oranga Tamariki Act 1989

Provisions relating to procedure in Youth Court - Lay advocates

328A: Payment of lay advocate

You could also call this:

"How lay advocates get paid for helping in court"

Illustration for Oranga Tamariki Act 1989

If you are a lay advocate appointed under section 326, your fees and expenses will be determined by regulations or by the Registrar of the court. You will get paid from a Crown Bank Account using money that Parliament has set aside for this purpose. The court can order someone involved in the case to pay back some of this money to the Crown if they think it is fair.

The court can decide to order someone to refund the Crown for some of the fees and expenses that were paid. If the court orders this, the person will owe the Crown the amount of money the court specifies, and the Crown can take them to court to get it back.

You should know that the money for paying lay advocates comes from the Crown, and the court has the power to make decisions about who pays what.

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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=DLM154042.

Topics:
Crime and justice > Courts and legal help
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Part 5Provisions relating to procedure in Youth Court
Lay advocates

328APayment of lay advocate

  1. The fees and expenses of a lay advocate appointed under section 326 must—

  2. be determined in accordance with regulations made under this Act or, if no such regulations are made, by the Registrar of the court; and
    1. be paid out of a Crown Bank Account from money appropriated by Parliament for the purpose.

      1. Notwithstanding subsection (1), the court may, if it thinks proper, order any party to the proceedings to refund to the Crown such amount as the court specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any court of competent jurisdiction.

      Notes
      • Section 328A: inserted, on , by section 3 of the Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70).
      • Section 328A(1): replaced, on , by section 42 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).