Issue N: Wider use of Lay Members
The issue and option
183. As noted in relation to Issue M, the High Court may not appoint lay members in certain cases. However, in Powerco Ltd v Commerce Commission (HC Wellington, CIV 2005 485 1066, 9 June 2006 at para 25) Justice Wild stated, in the context of an interlocutory matter prior to a judicial review hearing, that as part of the review of Parts 4 and 5 he hoped consideration could be given to the Court being able to equip itself with expert lay member assistance whenever it had to consider the merits of a report by the Commission.
Analysis
184. The Powerco decision is a clear indication that the Court would find it helpful to have the discretion to appoint lay members in the circumstances described. We can not think of any disadvantages.
Conclusion
185. We agree with the High Court's suggestion.
Questions
Q24. Should the High Court (or a replacement tribunal) have the discretion to appoint lay members in any proceeding where it is required to consider the merits of a report by the Commission?
Q25. Are there other circumstances in which there should be wider discretion for judges to appoint lay members?
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