13 Jun 2017
CHISNALL v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZCA 248
- Citation
- [2017] NZCA 248
- Court
- Court of Appeal
The Court held that s 10 distinguishes between a court 'direction' (s 10(1)) and a respondent 'request' (s 10(2)); s 10(6) applies only where the court directs an assessor and not where a respondent requests one; therefore where a respondent requests an assessor and has not been granted legal aid the costs are not payable from public funds, and legal aid is Parliament's chosen route to fund such reports; however the Court may in an appropriate case exercise s 10(1) and direct an assessor and thereby trigger s 10(6).