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Accident Compensation Act 2001

Dispute resolution - Appeals

158: Involvement of assessor

You could also call this:

"An expert helper can join the court for appeals"

When there's an appeal, an assessor can help the court. The assessor sits with the court and acts like an extra member during the hearing. They also help decide the appeal, but the Judge makes the final decision alone.

Before the assessor starts their job, they must promise a District Court Judge that they will do their duties fairly and without taking sides. They do this by taking an oath.

If the assessor doesn't do their job, the Judge can still make a decision on the appeal without the assessor's help.

The Judge can remove an assessor if they think it's the right thing to do. If this happens, the Judge can either continue the hearing without an assessor or choose a new assessor as described in section 157.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101852.

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Part 5Dispute resolution
Appeals

158Involvement of assessor

  1. The duties of an assessor are to—

  2. sit with the court; and
    1. act in all respects as an extra member of the court for the hearing of the appeal; and
      1. act as an extra member of the court to assist in the determination of the appeal, but the Judge alone determines the appeal.

        1. Before starting his or her duties, an assessor must take an oath before a District Court Judge that the assessor will faithfully and impartially perform the duties.

        2. The failure of an assessor to perform his or her duties does not prevent the Judge from making a decision on the appeal without the input of the assessor.

        3. A Judge who is satisfied that it is appropriate to do so may revoke the appointment of an assessor and may—

        4. conduct the hearing, or the rest of it, without an assessor; or
          1. appoint a substitute assessor in accordance with section 157.