Oranga Tamariki Act 1989

Provisions relating to procedure in Youth Court - Attendance at hearings and right to make representations

329: Persons entitled to be present at hearing

You could also call this:

"Who can be in the Youth Court when a case is being heard"

Illustration for Oranga Tamariki Act 1989

When you are in the Youth Court, only certain people can be there. These people are the officers of the court, the child or young person, and the prosecutor. The child's parents or guardians can also be there.

You can have a barrister or solicitor to represent you, and a youth advocate can support you. A family group conference representative can be there if a conference was held under Part 4. The chief executive and a youth justice co-ordinator can also attend.

If you are a victim of a crime, you can be there, and you can bring a support person. Witnesses and news media reporters can be there too. The Judge can let other people be there if they want to.

If the Judge asks someone to leave, they have to go. This rule does not stop the court from hearing cases in private or asking people to leave.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154045.


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Part 5Provisions relating to procedure in Youth Court
Attendance at hearings and right to make representations

329Persons entitled to be present at hearing

  1. No person shall be present during the hearing of any proceedings in the Youth Court relating to a child or young person except—

  2. officers of the court:
    1. the child or young person:
      1. the prosecutor and any person, including any barrister or solicitor, conducting the proceedings against the child or young person:
        1. the parents or guardians or other person having the care of the child or young person:
          1. where a family group conference has been held under Part 4 in relation to the child or young person, a representative appointed by that family group conference:
            1. any barrister or solicitor or youth advocate representing the child or young person:
              1. any barrister or solicitor representing any parent or guardian of the child or young person:
                1. any youth justice co-ordinator:
                  1. the chief executive:
                    1. any lay advocate who appears in support of the child or young person or any parent or guardian or other person having the care of the child or young person:
                      1. a victim of the offence or alleged offence, or the victim’s representative:
                        1. any 1 or more support persons (subject to any limitation on numbers imposed by the Judge) for the victim of the offence, or the victim's representative:
                          1. witnesses:
                            1. accredited news media reporters:
                              1. any other person whom the Judge permits to be present.
                                1. If, during the hearing, the Judge requests a person of the kind described in paragraph (jb) or (k) to leave the courtroom, that person must do so.

                                2. Nothing in this section limits any other power of the court to hear proceedings in private or to exclude any person from the court.

                                Compare
                                Notes
                                • Section 329(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                • Section 329(1)(c): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                                • Section 329(1)(i): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                                • Section 329(1)(ja): inserted, on , by section 9(1) of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).
                                • Section 329(1)(ja): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                • Section 329(1)(jb): inserted, on , by section 9(1) of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).
                                • Section 329(2): replaced, on , by section 9(2) of the Children, Young Persons, and Their Families Amendment Act 2014 (2014 No 36).