13Rights in relation to hearing of part 2 applications

13 Rights in relation to hearing of part 2 applications (1) This section applies to a part 2 application other than an application to which section 20 (Making interim preventative detention order) applies. Note Part 2 application is defined in s 9. (2) The person is entitled— (a) to be served with a copy of the application; and

(b) to be given written notice of the place, date and time the application is to be heard. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The person is entitled to be present at the hearing of an application to which this section applies in person or, if the Supreme Court directs, by videolink. (4) The person is entitled to be represented at the hearing by a lawyer of the person’s choice. (5) To remove any doubt, subsection (4) does not entitle the person to require the legal aid commission to provide a particular lawyer for the (6) The person (or the person’s lawyer) is entitled to present evidence at the hearing, call witnesses, examine and cross-examine witnesses, and make submissions. (7) This section— (a) is additional to any other rights of the person; but (b) is subject to the Supreme Court’s inherent jurisdiction to regulate its proceedings. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (8) To remove any doubt, the Supreme Court may hear the application in the absence of the person (or the person’s lawyer) if satisfied that the person was properly notified of the hearing.