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Blaikie v Registrar of Youth Court in Kaikohe [1997] NZFLR 478; 16 FRNZ 9

Case summary provided by LEXISNEXIS NZ

Name: Blaikie v Registrar of Youth Court in Kaikohe
Reported: [1997] NZFLR 478; 16 FRNZ 9
File number:
Date: 5 May 1997
Court: District Court
Location: Kaikohe
Judge: Carruthers DCJ
Charge: Rape
CYPFA: s325
Key Title: Youth Advocate’s Costs

LEXISNEXIS Summary:

Youth Court - Costs - Taxation of bill of costs by Registrar of Youth Court - Application for review of Registrar's decision - Manner in which claims for costs should be considered - Children, Young Persons, and Their Families Act 1989, ss 275, 325.

The applicant had acted as youth advocate for the defendant in a rape trial. There had been difficult matters relating to the defendant’s family and whanau and to the general circumstances. It was a case where a great deal of time was required to deal not only with the young person, but also the young person in the context of his family.

The applicant sought a review of the Registrar’s decision as to his costs in taxing the account. The Registrar said the claim had been considered similarly to the way claims were considered by the Legal Services Committee in respect of adult offenders facing similar charges.

Held (directing the applicant’s account to be paid in full)

(1) The legal circumstances which related to the representation of adult offenders were different from those which related to young offenders pursuant to the Children, Young Persons, and Their Families Act. No such guidelines as were applicable to adult offenders were available. The circumstances of each young offender could vary considerably and the importance of the involvement of the family at each part of the process was emphasised by the Act.

(2) In this case there was no reason to limit the applicant’s account. The hourly rate of $110 was restrained. The costs were fair and reasonable and should be paid in full.

Cases referred to in judgment

Burger-Ringer v Burger-Ringer [1995] NZFLR 895
Sage v Registrar of Youth Court Auckland [1996] NZFLR 477

Application

This was an application to review the Registrar’s decision as to the costs of the youth advocate pursuant to s 325 of the Children, Young Persons, and Their Families Act 1989