Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Public protection orders - Imposition of public protection orders

10: Right to independent expert assessment

You could also call this:

"You can choose your own doctor to give a report about you in court."

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are involved in a court case about a public protection order, the court can choose a health expert to assess you. You can also ask for your own health expert to assess you. The health expert will write a report that answers certain questions, which are stated in section 9(b).

The report can also talk about what other health experts have said about you. If you have a lawyer paid for by legal aid, the cost of the report will be covered by your legal aid.

If the court chooses a health expert and you do not have legal aid, the government will pay for the report.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751103.


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9: Reports by health assessors, or

"Health experts' reports to help decide what happens to someone who might commit a serious crime"


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11: Issue of summons to attend hearing, or

"You must go to court: a judge orders you to attend a hearing about a public protection order."

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Public protection orders: Imposition of public protection orders

10Right to independent expert assessment

  1. The court may, on its own initiative, direct a health assessor selected by the court to assess the respondent.

  2. The respondent may request a health assessor selected by the respondent to assess the respondent.

  3. A health assessor who assesses a respondent in accordance with a direction or request under this section must prepare a report that addresses the questions stated in section 9(b).

  4. The report may also comment on the reports of health assessors that the chief executive has served on the respondent.

  5. Where the respondent has been granted legal aid for responding to the application for the public protection order, the fees and expenses of preparing the assessment report under this section must be met out of the grant of legal aid.

  6. Where the court directs a health assessor under this section in a case where the respondent has not been granted legal aid, the fees and expenses of preparing the assessment report must be met out of public money appropriated by Parliament for the purpose.