Chapter 15
Other participants


15.1In Issues Paper 29, the Law Commission discussed a number of situations in which participants other than the parties to a case may take part in civil proceedings.220  Such “other participants” become involved for a variety of reasons – for example, because a litigant is self-represented and would like assistance from a friend, the court requires information that the parties cannot provide, or wider interests are involved, such as those of the public at large.

15.2Specifically, the Commission looked at the following:

15.3The Commission noted the current level of formal prescription, ranging from largely non-existent (McKenzie friends) through to varying degrees of coverage in the rules of court (amicus curiae and interveners) and legislation (technical advisors), and asked generally whether the present means of dealing with other participants are still appropriate.

15.4The Commission also looked at section 99A of the Judicature Act 1908, which is titled “Costs where intervener or counsel assisting Court appears”, and sought feedback on whether this provision should be clarified and/or otherwise amended in new courts legislation.

15.5In this chapter, we discuss the submissions received regarding these “other participants”, and the section 99A payment of costs provision, and make recommendations in respect of each. As noted in Issues Paper 29, the stand-alone topic of self-representation is outside our terms of reference, but, where relevant, submitters’ comments about this subject have been incorporated into our discussion.

220Law Commission Review of the Judicature Act 1908: Towards a consolidated Courts Act (NZLC IP29, 2012) at chapter 15.