Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Judicial Conduct Commissioner and Deputy Judicial Conduct Commissioner

7: Judicial Conduct Commissioner

You could also call this:

"The person in charge of checking judges' behaviour is called the Judicial Conduct Commissioner."

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

You have an office called the Judicial Conduct Commissioner. The Governor-General appoints the Commissioner after the House of Representatives recommends someone. The Attorney-General must talk to the Chief Justice before making a recommendation. You are appointed by the Governor-General to be the Commissioner. The Attorney-General must consult the Chief Justice about who to appoint. The Commissioner is not a Crown employee just because they have this job, under the Public Service Act 2020 or the Government Superannuation Fund Act 1956. The Commissioner has a special role and is not treated like other government employees. They are appointed to do a specific job and have certain responsibilities. The laws that apply to other government employees do not apply to the Commissioner in the same way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293587.

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"The law applies to the government too"


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8: Functions and powers of Commissioner, or

"The Commissioner's jobs and powers to deal with complaints about Judges"

7Judicial Conduct Commissioner

  1. An office called the Judicial Conduct Commissioner is established.

  2. The Commissioner is appointed by the Governor-General on the recommendation of the House of Representatives.

  3. Before a recommendation may be made under subsection (2), the Attorney-General must consult the Chief Justice about the proposed appointment and must advise the House of Representatives that the Chief Justice has been consulted.

  4. A person is not to be regarded as being employed in the service of the Crown for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956 solely because of his or her appointment as the Commissioner.

Compare
  • 1988 No 2 s 4
Notes
  • Section 7(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).