New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 131

131 Fees and expenses of lawyer appointed under section 7 or 130

1 The fees and expenses of a lawyer appointed under section 7 or 130 must—

a) be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by a Registrar of the court; and

b) be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.

2 An invoice for fees and expenses submitted for payment by a lawyer appointed under section 7 or 130 must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

3 A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable.

4 Where in any proceedings a lawyer has been appointed under section 7 or 130 and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 135A , unless the court declines to do so in accordance with that section.

5 However, no order under section 135A may be made—

a) in any proceedings commenced by an application under section 46A or 105 or a request under section 111 ; or

b) against—

i) the Crown, whether acting through the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 or otherwise; or

ii) a person in whose custody the child concerned has been placed pursuant to an order made under the Oranga Tamariki Act 1989 ; or

c) in respect of an appointment under section 130 , where a lawyer has been appointed under that section to provide to the court independent advice on any complex legal issue.

History: Section 131: replaced, on 31 March 2014, by section 26 of the Care of Children Amendment Act (No 2) 2013 (2013 No 74).   Section 131(1)(a): amended, on 8 September 2018, by section 20(1) of the Statutes Amendment Act 2018 (2018 No 27).     Section 131(1)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 131(2): replaced, on 8 September 2018, by section 20(2) of the Statutes Amendment Act 2018 (2018 No 27).     Section 131(5)(a): amended, on 14 August 2018, by section 22 of the Minors (Court Consent to Relationships) Legislation Act 2018 (2018 No 22).     Section 131(5)(b)(i): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).     Section 131(5)(b)(ii): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).