Care of Children Act 2004

137 Attendance at hearings generally

• (1) Only the following persons may attend a hearing of proceedings (other than criminal proceedings) under this Act:

  • (a) officers of the court:

  • (b) parties to the proceedings and their lawyers:

  • (c) lawyers appointed under section 7(1) or section 130(1):

  • (d) witnesses:

  • (e) persons the court agrees to hear under section 136:

  • (f) persons who may attend under section 138(2)(b):

  • (g) accredited news media reporters:

  • (h) persons whom the Judge permits to be present as support persons for a party on a request by that party:

  • (i) any other persons whom the Judge permits to be present.

  (2) The Judge must agree to a request under subsection (1)(h) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.

  (3) No support persons for a party for whom no lawyer is acting may help the party conduct his or her case.

  (4) If, during a hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:

  • (a) a witness:

  • (b) a person the court agrees to hear under section 136:

  • (c) a person who may attend under section 138(2)(b):

  • (d) an accredited news media reporter:

  • (e) a support person whom the Judge permits to be present under subsection (1)(h).

  (5) However, in considering, at or before a hearing, whether to exclude from the courtroom a person who may attend under section 138(2)(b), the Judge must take into account all relevant objections under section 138(3)(b).

  (6) Nothing in this section limits any other power of the court—

  • (a) to hear proceedings in private; or

  • (ab) to permit a McKenzie friend to be present; or

  • (b) to exclude any person from the court.

  Compare: 1968 No 63 s 27

  Section 137(6)(ab): inserted, on 18 May 2009, by section 16 of the Care of Children Amendment Act 2008 (2008 No 74).