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New Zealand law explained for everyone

Accident Compensation Act 2001

Dispute resolution - Appeals

157: Appointment of assessor

You could also call this:

“How a judge chooses someone to help with tricky cases”

When a judge is hearing an appeal, they can choose to appoint an assessor to help with the case. This happens if the appeal involves complex matters that require special knowledge. The judge will ask you and the other people involved in the case about who should be the assessor. If everyone agrees on someone, that person will be chosen. If you can’t agree, the judge will pick someone they think is right for the job.

The Ministry of Justice will pay the assessor for their work. The amount they get is decided by the Minister in charge of the Ministry of Justice.

Once an assessor is appointed, no one can argue that the appointment wasn’t needed or shouldn’t have happened. This means the appointment will stand, even if someone thinks it wasn’t necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101851.

Topics:
Crime and justice > Courts and legal help
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Part 5 Dispute resolution
Appeals

157Appointment of assessor

  1. A Judge hearing an appeal may appoint a person to be an assessor for the purposes of the appeal if the Judge considers that—

  2. the appeal involves consideration of matters of a professional, technical, or specialised nature; and
    1. it would be desirable to appoint as an assessor a person with expert knowledge of those matters.

      1. The Judge must consult the parties on the person to be appointed, and must—

      2. appoint the person whom the Judge and the parties agree to be suitable; or
        1. appoint a person the Judge thinks suitable if the Judge and the parties are unable to agree on a suitable person.

          1. The Ministry of Justice must pay assessors the remuneration and allowances determined for assessors from time to time by the Minister of the Crown who is responsible for the Ministry of Justice.

          2. An appointment of an assessor may not be called in question, in any proceedings, on the grounds that the occasion for the appointment had not arisen or had ceased.

          Notes
          • Section 157(3): amended, on , pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).