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StatuteChildren, Young Persons, and Their Families Act 1989

Section 163 — Children, Young Persons, and Their Families Act 1989: Appointment of lay advocate

Text of the provision Official document

163 Appointment of lay advocate (1) The Court may, at any stage of any proceedings under Part 2 or Part 3A of this Act, on application by any party to the proceedings or of its own motion, appoint, in respect of the child or young person who is the subject of those proceedings, any person, not being a barrister or solicitor, to appear in support of that child or young person in those proceedings and, if the Court thinks desirable, for such other purposes (including any other proceedings under this Act or any other enactment) as the Court may specify. (2) Where the Court appoints a lay advocate under subsection (1) of this section, it shall, so far as practicable, appoint a person who has, by reason of personality, cultural background, knowledge, and experience, sufficient standing in the culture of the child or young person in respect of whom the appointment is to be made to enable that person to carry out his or her duties under this Act. (3) The Court may make an appointment under subsection (1) of this section notwithstanding that the child or young person is represented in the proceedings by a barrister or solicitor. (4) Notwithstanding that the proceedings in respect of which any lay advocate was appointed under subsection (1) of this section have been disposed of or that the appointment is no longer required for any other purpose specified by the Court pursuant to that subsection, the Court may, if the Court is satisfied that it is necessary or desirable in the interests of the child or young person to do so,— (a) Extend that lay advocate's appointment; or (b) Make a further appointment under subsection (1) of this section in respect of that child or young person— for such purpose as the Court may specify. Subsection (1) was amended, as from 1 November 1999, by section 6 Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116) by inserting “ or Part 3A ” .

Official source: legislation.govt.nz

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