Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Complaints about Judges

20: Commissioner must make files available to Attorney-General and special counsel

You could also call this:

"The Commissioner must share files with the Attorney-General and special lawyers when asked."

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

You can ask for files from the Commissioner if you are the Attorney-General and the Commissioner thinks a Judicial Conduct Panel should be appointed. The Commissioner must give you the files if you ask for them. If a Judicial Conduct Panel is appointed, the special counsel and the Judge's counsel can also ask for the files. You can look at section 28 to see how the special counsel is appointed. The Commissioner must give the files to the counsel who asks for them. This helps the counsel prepare for the Panel's inquiry. The Commissioner keeps files about complaints, and these files can be important for the inquiry. You need to ask the Commissioner for the files to get them. The Commissioner will then give you the files you asked for.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293702.

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"The Commissioner must keep secrets about their work."


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21: Appointment of Judicial Conduct Panel, or

"How a Group is Chosen to Investigate a Judge's Behaviour"

20Commissioner must make files available to Attorney-General and special counsel

  1. If the Commissioner recommends that a Judicial Conduct Panel be appointed,—

  2. the Attorney-General is entitled to request the relevant files kept by the Commissioner; and
    1. the Commissioner must, on the Attorney-General's request, make the files available to the Attorney-General.
      1. If a Judicial Conduct Panel is appointed,—

      2. the special counsel appointed under section 28 and the counsel representing the Judge to whom the Panel's inquiry relates are each entitled to request the relevant files kept by the Commissioner; and
        1. the Commissioner must, on the request of either counsel, make the files available to that counsel.