New Zealand Law Society - Approval sought for Oranga Tamariki head to directly instruct barristers sole

Approval sought for Oranga Tamariki head to directly instruct barristers sole

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The Chief Executive of Oranga Tamariki has sought the New Zealand Law Society's approval to instruct barristers sole without the intervention of a solicitor.

This is pursuant to rule 14.6 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.

From 1 July 2019, under the new section 248A of the Oranga Tamariki Act 1989, the chief executive of Oranga Tamariki must appoint a youth advocate to represent a young person in an Intention to Charge Family Group Conference for an alleged offence punishable by imprisonment or ten years of more.

Youth Advocates currently are only appointed by the Youth Court, allowing them to accept direct instructions under one of the listed exemptions.  

The Law Society is currently consulting with the New Zealand Bar Association and considering the request for approval.  

The Law Society welcomes comments from the profession by 15 March 2019.  To comment email: bronwyn.jones@lawsociety.org.nz

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