Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies - Secure care

374: Right to make representations

You could also call this:

"Having Your Say in Court: a chance to tell the court your thoughts and feelings about a decision affecting you."

Illustration for Oranga Tamariki Act 1989

When a court is making a decision about a child or young person under section 371, you can have your say. You can make representations to the court if you are the person who asked the court to make the decision, the child or young person, a parent or guardian, or a lawyer representing any of these people.

You can also have a lay advocate speak on your behalf, or if you are a child or young person, you can have a youth advocate or a lawyer appointed to represent you. If you are not represented by a lawyer, the court will appoint one for you, or in some cases, a youth advocate under section 323, and they will follow the rules in sections 324 and 325, or sections 159, 161, and 162.

The court can also let other people have their say if they ask for permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154345.


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373: Persons entitled to be present at hearing of application under section 371, or

"Who can be at a court hearing about you under section 371 of the Oranga Tamariki Act"


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375: Hearing to be held in residence wherever practicable, or

"Hearings are usually held where you live."

Part 7Children and young persons in care of chief executive or other persons or bodies
Secure care

374Right to make representations

  1. On the hearing of an application under section 371 in respect of a child or young person, representations may be made to the court by—

  2. the applicant, or any barrister or solicitor representing the applicant:
    1. the child or young person:
      1. any parent or guardian of the child or young person:
        1. any barrister or solicitor who represents the child or young person or any parent or guardian of the child or young person:
          1. any lay advocate who appears in support of—
            1. the child or young person; or
              1. any parent or guardian of the child or young person:
              2. with the leave of the court, any other person.
                1. Where a child or young person who is the subject of an application under section 371 is not represented by a barrister or solicitor, the court shall—

                2. in the case of a young person to whom section 361(h) applies, appoint a youth advocate under section 323 to represent that young person, and the provisions of that section and of sections 324 and 325 shall apply with all necessary modifications with respect to that appointment:
                  1. in any other case, appoint a barrister or solicitor under section 159 to represent that child or young person, and the provisions of that section and of sections 161 and 162 shall apply with all necessary modifications with respect to that appointment.