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

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Appointment of persons to represent child or young person or assist court

159 Appointment of lawyer to represent child or young person in proceedings

(1)

Where a child or young person who is the subject of any proceedings under Part 2 or Part 3A is not represented by a lawyer, the court or the Registrar of the court must appoint a lawyer to represent the child or young person—

(a)

in those proceedings:

(b)

for any other specified purpose (including in relation to other proceedings under this Act or any other Act) considered desirable.

(2)

Where a court or a Registrar appoints a lawyer under subsection (1), the court or the Registrar (as the case may be) 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)

Although the proceedings in respect of which any lawyer was appointed under subsection (1)(a) have been disposed of, or that the appointment is no longer required for any other purpose specified under subsection (1)(b), the court may, if it is satisfied that it is necessary or desirable in the interests of the child or young person to do so,—

(a)

extend the lawyer’s appointment for any specified purpose; or

(b)

subject to subsection (2), appoint any other lawyer to represent the child or young person for any specified purpose; or

(c)

direct the Registrar of the court to do either of these things.

Compare: 1974 No 72 s 29(3); 1977 No 126 s 8; 1980 No 94 s 162(1), (2)

Section 159 heading: replaced, on 31 March 2014, by section 5(1) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).

Section 159(1): replaced, on 18 May 2009, by section 4(1) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).

Section 159(1): amended, on 31 March 2014, by section 5(2) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).

Section 159(2): amended, on 31 March 2014, by section 5(2) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).

Section 159(2): amended, on 18 May 2009, by section 4(2) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).

Section 159(3): replaced, on 18 May 2009, by section 4(3) of the Children, Young Persons, and Their Families Amendment Act 2008 (2008 No 76).

Section 159(3): amended, on 31 March 2014, by section 5(2) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).

Section 159(3)(a): amended, on 31 March 2014, by section 5(3) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).

Section 159(3)(b): amended, on 31 March 2014, by section 5(2) of the Children, Young Persons, and Their Families Amendment Act 2013 (2013 No 76).