New Zealand Legislation: Acts

7 Lawyer to act for child

• (1) A court may appoint, or direct the Registrar of the court to appoint, a lawyer to act for a child who is the subject of, or who is a party to, proceedings (other than criminal proceedings) under this Act.

  (2) However, unless it is satisfied the appointment would serve no useful purpose, the court must make an appointment or a direction under subsection (1) if the proceedings—

  • (a) involve the role of providing day-to-day care for the child, or contact with the child; and

  • (b) appear likely to proceed to a hearing.

  (3) To facilitate performance of the lawyer’s duties and compliance with section 6 (child’s views), the lawyer must, unless he or she considers it inappropriate to do so because of exceptional circumstances, meet with the child.

  (4) The lawyer may call any person as a witness in the proceedings, and may cross-examine witnesses called by a party to the proceedings or by the court.

  Compare: 1968 No 63 s 30(1)(b), (2), (3)

  Section 7(1): amended, on 18 May 2009, by section 4(1) of the Care of Children Amendment Act 2008 (2008 No 74).

  Section 7(2): amended, on 18 May 2009, by section 4(2) of the Care of Children Amendment Act 2008 (2008 No 74).