Senior Courts Act 2016

Rules of court and miscellaneous provisions - Appointment of technical advisers

164: Appointment and other matters

You could also call this:

"How technical advisers are chosen, paid, and protected by the court"

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You can be appointed as a technical adviser by the court on its own or by a party's application under section 163. The court can remove you if you are unable to do your job, neglect your duties, go bankrupt, or behave badly. You can also resign by writing to the court. You get paid a daily fee for each day you help the court, and the court decides how much you get paid. The court must fix your pay and it must include a daily fee. If you give advice to the court honestly, you cannot be sued or prosecuted for what you say. This means you are protected if you give good advice to the court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759522.

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Part 6Rules of court and miscellaneous provisions
Appointment of technical advisers

164Appointment and other matters

  1. A technical adviser may be appointed by the court under section 163 on—

  2. its own initiative; or
    1. the application of a party to the proceeding.
      1. A technical adviser may be removed from office by the court for disability affecting the performance of duty, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the court.

      2. A technical adviser may resign office by notice in writing to the court.

      3. The remuneration of a technical adviser must—

      4. be fixed by the court; and
        1. include a daily fee for each day on which the technical adviser is required to assist the court.
          1. Civil or criminal proceedings may not be commenced against a technical adviser in relation to advice given to the court in good faith.

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