R76 New courts legislation should provide for the following with respect to support persons for self-represented litigants:
(i)A self-represented litigant’s general entitlement to a support person;
(ii)The court’s ability to refuse to permit a support person where it is satisfied that, in the particular case, the interests of justice and fairness do not require the litigant to receive such assistance;
(iii)The core roles of a support person, namely to sit with the self-represented litigant, take notes and quietly offer suggestions and advice.
R77 Guidelines or rules should be developed as to how the courts will approach the refusal test in R76 (ii), and when they will allow a support person to go beyond the core roles in R76 (iii).
R78 A barrister and/or solicitor of the High Court of New Zealand should not be permitted to be a support person to a self-represented litigant.
R79 There should be a provision in new courts legislation stating that the court may appoint an amicus curiae, and enabling the making of rules regarding the circumstances in which an amicus may be appointed.
R80 There should be a provision in new courts legislation enabling the participation of an intervener in a proceeding, and the making of rules relating to interveners.
R81 Section 99A of the Judicature Act 1908 should be carried over into new courts legislation, but should be amended to make it clear that it only applies in situations involving interveners or counsel assisting the court.
R82 The provisions relating to technical advisors should be carried over into new courts legislation.