Plain language law

New Zealand law explained for everyone

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Complaints about Judges

17: Commissioner's power to refer complaints to Head of Bench

You could also call this:

"When the Commissioner sends a complaint to the Head of Bench"

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

The Commissioner usually sends a complaint to the Head of Bench. You will know this has happened because the Commissioner tells you and the Judge about it. The Commissioner does not send the complaint if they decide to take no further action under section 15A, or if they dismiss the complaint under section 16, or if they recommend a Judicial Conduct Panel be appointed under section 18. This rule has an exception for complaints about the chief coroner, which is explained in section 113(2) of the Coroners Act 2006. The Commissioner's decision is final in this case. You can find more information about the rules the Commissioner follows.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293598.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpGovernment and voting > Government departments
Previous

16: Commissioner must dismiss complaints that fail to meet required threshold, or

"The Commissioner must reject complaints that don't meet the rules."

Next

18: Commissioner's power to recommend that Attorney-General appoint Judicial Conduct Panel, or

"Commissioner can ask for a special group to check a Judge's behaviour"

17Commissioner's power to refer complaints to Head of Bench

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

  2. exercises his or her power under section 15A to take no further action in respect of the complaint; or
    1. dismisses the complaint under section 16; or
      1. recommends under section 18 that a Judicial Conduct Panel be appointed.

        1. If the Commissioner refers a complaint to the Head of Bench, the Commissioner must advise the complainant and the Judge who is the subject of the complaint of that action.

        2. This section is subject to section 113(2) of the Coroners Act 2006 (which relates to complaints about the chief coroner).

        Notes
        • Section 17(1)(a): substituted, on , by section 13 of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
        • Section 17(1)(b): substituted, on , by section 13 of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
        • Section 17(1)(c): added, on , by section 13 of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
        • Section 17(3): added, on , by section 145 of the Coroners Act 2006 (2006 No 38).