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Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Complaints about Judges

11: Which complaints must be dealt with

You could also call this:

"What kinds of complaints about Judges must be looked at?"

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

You can make a complaint about a Judge's conduct to the Commissioner. The Commissioner must accept and deal with your complaint, no matter what the complaint is about. The Commissioner has to deal with your complaint even if it is about something that could be a crime. You can complain about a Judge's conduct whether it happened while they were working as a Judge or not. The Commissioner will take steps to deal with your complaint, such as following the steps in section 14, or looking at the complaint first under section 15. The Commissioner might also take other steps outlined in sections 16 to 19. If more than one person complains about the same thing, the Commissioner can deal with all those complaints together under sections 14 to 19. The Commissioner's job is subject to section 34. This means the Commissioner has to follow the rules in that section when dealing with complaints.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293592.

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Topics:
Crime and justice > Courts and legal help
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10: Other provisions relating to Commissioner and Deputy Commissioner, or

"Rules for the Commissioner and Deputy Commissioner"

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12: Who may complain, or

"Who can complain about a Judge's behaviour?"

11Which complaints must be dealt with

  1. The Commissioner must receive and deal with every complaint made under this section about the conduct of a Judge regardless of whether the subject matter of the complaint arises in the exercise of the Judge's judicial duties or otherwise.

  2. The Commissioner must receive and deal with a complaint even though the subject matter of the complaint constitutes or may constitute a criminal offence (whether or not dealt with, or being dealt with, by a court).

  3. The Commissioner must deal with a complaint by—

  4. taking the steps set out in section 14; and
    1. conducting a preliminary examination under section 15; and
      1. taking any other appropriate steps set out in sections 16 to 19.

        1. If different persons make separate complaints about the same matter, the Commissioner may deal with those complaints together under sections 14 to 19.

        2. This section is subject to section 34.