New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) If a District Court Judge is satisfied (whether or not on the application of any party to that appeal) that any appeal under section 23 involves the consideration of technical or specialised matters, and that it would be desirable for a person with expert knowledge of those matters to be an assessor in relation to that appeal, the following provisions shall apply:
(a) the Judge shall consult the parties to the appeal as to a suitable person to be an assessor in relation to the appeal:
(b) if the Judge and those parties agree on a suitable person, the Judge shall appoint that person to be an assessor in relation to that appeal:
(c) if the Judge and those parties do not agree on a suitable person, the Judge may appoint to be an assessor in relation to that appeal any person the Judge thinks suitable:
(d) an assessor appointed under this subsection shall sit with the Judge during the appeal, but shall have no power of decision in relation to the appeal.
(2) A District Court Judge may appoint 2 or more assessors under subsection (1) in respect of a single appeal if satisfied that the nature of the technical or specialised matters concerned so warrants.
(3) No appointment of an assessor under subsection (1) shall, in any proceedings, be called into question on the grounds that the occasion for that appointment had not arisen or had ceased.
(4) Every assessor appointed under subsection (1) is entitled to receive—
(a) remuneration by way of fees, salary, or allowances, for that assessor's services as assessor; and
(b) payment of travelling allowances or expenses in respect of time spent travelling in connection with undertaking services as assessor,—
as if a District Court is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(5) Subject to subsection (6), a District Court, after hearing an appeal under section 23, may—
(a) confirm the decision appealed against; or
(b) modify or reverse that decision or any part of it.
(6) Nothing in subsection (5) authorises a District Court to review any decision of the Commissioner, or any part of a decision of the Commissioner, if no appeal has been made against that decision or part.
