Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Obtaining bodily sample by court order from persons under 18

21: Appointment of lawyer to represent respondent

You could also call this:

"Getting a lawyer to help you in court"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If someone under 18 is involved in a court case about giving a bodily sample, you might need a lawyer. You already have a lawyer, or the Judge thinks you will get one, so you don't need the Judge to appoint one. The Judge will choose a lawyer who is a good fit for you, considering their personality and experience. When the Judge picks a lawyer for you, they will try to choose someone who is suitable for your case. If you already have a lawyer for another case, the Judge might choose that same lawyer to represent you in this case, if possible. The Judge wants to make sure you have a lawyer who can help you, so they will appoint one if you don't already have one. This is to ensure you are represented fairly in the court case, and the Judge will consider what is best for you when making this decision.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369096.

This page was last updated on 12 December 2025 — View changes

20: Sections 15, 17, and 17A to apply, or

"Same rules apply to youngsters as to adults for court-ordered bodily samples"

22: Further provisions relating to appointment of lawyer for respondent, or

"What happens when a lawyer is appointed to help you in court"

Part 2Obtaining bodily samples from suspects
Obtaining bodily sample by court order from persons under 18

21Appointment of lawyer to represent respondent

Where an application is made under section 18, then unless—
the respondent is already represented by a lawyer in the proceedings; or
the Judge is satisfied that legal representation has been arranged, or will be arranged, for the respondent in the proceedings,—

Where a Judge appoints a lawyer under subsection (1), the Judge shall, so far as practicable, appoint a lawyer who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the respondent.
Where,—
pursuant to subsection (1), a Judge is required to appoint a lawyer to represent a respondent in any proceedings; and
a lawyer has been appointed, pursuant to section 323 of the Oranga Tamariki Act 1989, to represent the respondent in any proceedings,—

Compare

1989 No 24 s 323

Notes

Section 21(3)(b): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).