Plain language law

New Zealand law explained for everyone

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Procedural provisions - Persons entitled to be heard

124: Appointment by court of lawyer to represent care recipient

You could also call this:

"The court chooses a lawyer to help you, and pays for it using public money."

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

The court can choose a lawyer to represent you if it thinks it's necessary or a good idea. If you're a child or young person, the court will try to pick a lawyer who is a good fit for you, considering things like their personality and experience. The lawyer can call witnesses and ask them questions in court.

The lawyer's fees and expenses will be paid for using public money, and the amount they get paid can be decided based on rules made under this Act. You can find more information about these rules in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. The lawyer will give their bill to the court, and the court can decide if it's fair.

If the lawyer doesn't agree with the court's decision about their bill, they can ask a judge to review it within 14 days. The judge can then decide if the bill is fair or if it needs to be changed. This is similar to what was done in the past, as seen in the 1980 No 94 s 162(1)–(5) and 1989 No 24 s 159(2) laws.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM225972.

Topics:
Crime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination
Previous

123: Representation of persons entitled to be heard, and special rights of care recipient, or

"Having a say in court: your rights when you need care"

Next

125: Court may call for report on care recipient, or

"The court can ask for a report to help make a decision about your care."

Part 9Procedural provisions
Persons entitled to be heard

124Appointment by court of lawyer to represent care recipient

  1. The court may, if the court is satisfied that it is necessary or desirable to do so, appoint a lawyer to represent the care recipient.

  2. If the court appoints a lawyer under subsection (1) to represent a care recipient who is a child or young person, it must, so far as practicable, appoint a lawyer who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the child or young person.

  3. A lawyer appointed under this section may call witnesses, and may cross-examine every witness in the proceeding.

  4. Fees for professional services provided by lawyers appointed under this section, and reasonable expenses incurred,—

  5. may be determined in accordance with regulations made under this Act; and
    1. are payable out of public money appropriated by Parliament for the purpose.

      1. The bill of costs rendered by a lawyer appointed under this section must be given to the Registrar of the court in which the proceeding was heard, and the Registrar may tax the bill of costs.

      2. If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the bill of costs, the lawyer may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision; and the Judge may confirm the decision or vary the decision in a way that the Judge considers fair and reasonable.

      Compare