43Commissioners sitting with a Judge

43 Commissioners sitting with a Judge

43 Commissioners sitting with a Judge

(1) Where proceedings are pending in Class 8 of the Court’s jurisdiction before a Judge, the Court may, in hearing the proceedings, or any part of the proceedings, be assisted by one or more Commissioners.

(2) A Commissioner assisting the Court as referred to in subsection (1) may assist and advise the Court, but shall not adjudicate on any matter before the Court.

(3) A Judge before whom proceedings referred to in subsection (1) are pending may commence or continue the hearing of the proceedings, or any part of the proceedings—

(a) without the assistance of a Commissioner who is not available or has ceased to be available to assist in the hearing of the proceedings or part of the proceedings, and

(b) without the assistance of Commissioners generally if, in the opinion of the Judge, the proceedings or part of the proceedings concern or concerns a question of law only.

s 43: Rep 2001 No 121, Sch 2.132 [3]. Ins 2008 No 107, Sch 14 [10].