Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

10 Duty of court and counsel to explain proceedings

(1)

Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before the Family Court or the Youth Court, the court shall—

(a)

explain in a manner and in language that can be understood by the child or young person or other person the nature of the proceedings, including, in the case of proceedings in the Youth Court, the nature and, where the child or young person or other person is not legally represented, the legal implications of the allegations; and

(b)

satisfy itself that the child or young person or other person understands the proceedings; and

(c)

where the court makes any order under section 83(1) or section 84 or section 283, explain to the child or young person to whom the order relates and to any parent or guardian or other person having the care of the child or young person, in a manner and in language that can be understood by that child or young person or other person,—

(i)

the nature and requirements of the order:

(ii)

any provisions for variation of the order:

(iii)

the existence of rights of appeal against the order or the finding on which the order is based.

(2)

Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or young person, appears before the Family Court or the Youth Court, the barrister or solicitor representing that child or young person or other person shall—

(a)

explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the nature of the proceedings, including, in the case of proceedings in the Youth Court, the nature and legal implications of the allegations; and

(b)

satisfy themselves that the person whom that barrister or solicitor represents understands the proceedings; and

(c)

where the court makes any order under section 83(1) or section 84 or section 283, explain to the person whom that barrister or solicitor represents, in a manner and in language that can be understood by that person, the matters specified in subparagraphs (i) to (iii) of subsection (1)(c).

Compare: 1974 No 72 s 40(a); 1983 No 129 s 9

Section 10(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(1)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(2)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(2)(b): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).