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Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Judicial Conduct Commissioner and Deputy Judicial Conduct Commissioner

8: Functions and powers of Commissioner

You could also call this:

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

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

The Commissioner has some jobs to do. You can complain to the Commissioner about a Judge. The Commissioner looks at your complaint and decides what to do. The Commissioner can ask a special group to look into the complaint. If the Commissioner has a conflict of interest, they cannot deal with the complaint. This means they have a personal connection to the complaint. In some situations, the Commissioner does not deal with complaints, as stated in section 8B(1)(b)(i) and (ii). The Commissioner must send some complaints to the Head of Bench. This happens when the Deputy Commissioner sends a complaint to the Commissioner, as stated in section 8B(4). It also happens when the Commissioner has a conflict of interest. The Commissioner cannot question a Judge's decision in a legal case. The Commissioner has the power to do their job. This means they can do what they need to do to carry out their functions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293588.

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7: Judicial Conduct Commissioner, or

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

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8A: Deputy Judicial Conduct Commissioner, or

"The Deputy Judicial Conduct Commissioner is a special role appointed to help oversee judges' behaviour."

8Functions and powers of Commissioner

  1. The functions of the Commissioner are—

  2. to receive complaints about Judges and to deal with the complaints in the manner required by this Act:
    1. to conduct preliminary examinations of complaints:
      1. in appropriate cases, to recommend that a Judicial Conduct Panel be appointed to inquire into any matter or matters concerning the conduct of a Judge.

        1. In carrying out his or her functions in relation to a complaint, the Commissioner may decide that he or she has a conflict of interest in relation to the complaint.

        2. The functions of the Commissioner—

        3. must not be carried out by the Commissioner if they relate to a complaint in relation to which the Commissioner has decided that he or she has a conflict of interest; and
          1. are not carried out by the Commissioner in relation to any complaints in the situations specified in section 8B(1)(b)(i) and (ii).

            1. The Commissioner must refer promptly to the Head of Bench a complaint—

            2. referred to the Commissioner by the Deputy Commissioner under section 8B(4); and
              1. in relation to which the Commissioner has decided that he or she has a conflict of interest.

                1. It is not a function of the Commissioner to challenge or call into question the legality or correctness of any instruction, direction, order, judgment, or other decision given or made by a Judge in relation to any legal proceedings.

                2. The Commissioner has all the powers necessary for carrying out his or her functions.

                Notes
                • Section 8 heading: amended, on , by section 6(1) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
                • Section 8(1A): inserted, on , by section 6(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
                • Section 8(1B): inserted, on , by section 6(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
                • Section 8(1C): inserted, on , by section 6(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).