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Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Judicial Conduct Panel

21: Appointment of Judicial Conduct Panel

You could also call this:

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

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

You can have a Judicial Conduct Panel to look into a Judge's conduct. The Attorney-General can appoint this panel at any time. They do this after the Commissioner recommends it under section 18. You need to know the Attorney-General talks to the Chief Justice before appointing the panel. They discuss who will be on the panel, but not whether to have one. The Attorney-General makes the final decision. If the panel is looking into the Chief Justice's conduct, things work a bit differently. The Attorney-General talks to the next most senior Supreme Court Judge instead. This is how they decide who will be on the panel to look into the Chief Justice's conduct.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293704.

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Topics:
Crime and justice > Courts and legal help
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20: Commissioner must make files available to Attorney-General and special counsel, or

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22: Membership of Panel, or

"Who can be on the Judicial Conduct Panel"

21Appointment of Judicial Conduct Panel

  1. The Attorney-General may, at any time, appoint a Judicial Conduct Panel to inquire into, and report on, any matter or matters concerning the conduct of a Judge that have been the subject of a recommendation by the Commissioner under section 18.

  2. Before appointing a Panel, the Attorney-General must consult the Chief Justice about the proposed membership of the Panel, but the Attorney-General need not consult the Chief Justice about whether a Panel should be appointed.

  3. However, if any matter to be inquired into and reported on concerns the conduct of the Chief Justice, subsection (2) applies as if the references in that subsection to the Chief Justice were references to the next most senior available Judge of the Supreme Court.