New Zealand Legislation: Acts

37A Court may appoint lawyer for children

• (1) The court may appoint a lawyer to represent any minor or dependent children of the marriage or, as the case requires, any minor or dependent children of the civil union or de facto relationship in any proceedings under this Act if, in the opinion of the court, special circumstances make the appointment necessary or desirable.

  (2) Fees payable to a lawyer appointed under subsection (1), and reasonable expenses incurred,—

  • (a) may be determined in accordance with regulations made under this Act; and

  • (b) must be paid by 1 or more of the parties to the proceedings as ordered by the court.

  (3) However, if the court thinks it proper, the court may order that the fees and expenses be paid out of public money appropriated by Parliament for the purpose.

  (4) If the Crown pays the amount payable under subsection (2)(b), the amount is a debt due to the Crown by the party or parties ordered to pay it and, if that party or those parties do not pay that amount, the Crown may recover it by order of the court in the same manner as a judgment of that court.

  Section 37A: inserted, on 1 February 2002, by section 41 of the Property (Relationships) Amendment Act 2001 (2001 No 5).

  Section 37A(1): amended, on 26 April 2005, by section 3(4) of the Property (Relationships) Amendment Act 2005 (2005 No 19).