Family Violence Bill

  • enacted
  • Previous title has changed

General provisions

166 Court may appoint lawyer

(1)

In any proceedings under this Act (not being criminal proceedings), the court may appoint a lawyer

(a)

to assist the court; or

(b)

to represent a child

(i)

in any proceedings on an application made, on behalf of that child, under section 62(2)(a), for a protection order; or

(ii)

in any proceedings relating to or arising out of a protection order made, under this Act, on any such application made on that child’s behalf; or

(c)

to represent a child (unless the child is, in the proceedings concerned, already represented by a lawyer)

(i)

in any proceedings on an application made under sections 60 and 64(1) for a protection order, or made under sections 64(2) and 89 for a direction that a protection order apply, against the child; or

(ii)

in any proceedings relating to or arising out of a protection order or a direction made, under this Act, on any such application; or

(d)

to represent a person lacking capacity to whom section 67 applies

(i)

in any proceedings on an application made, on behalf of that person, under section 67(2), for any order under this Act; or

(ii)

in any proceedings relating to or arising out of an order made, under this Act, on any such application made on that person’s behalf.

(2)

A lawyer appointed under subsection (1)(c) or (d) may

(a)

call any person as a witness in the proceedings; and

(b)

cross-examine witnesses called by any party to the proceedings or by the court.

Compare: 1995 No 86 s 81(1), (2)