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Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Judicial Conduct Panel

31: Appeal to Court of Appeal

You could also call this:

"Challenging a Judicial Conduct Panel decision in the Court of Appeal"

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

You can appeal to the Court of Appeal against some decisions made by a Judicial Conduct Panel. You can appeal against orders to hold a hearing in private made under section 29(2)(a). You can also appeal against orders made under section 30(1) or (3). You make an appeal as if you were having a rehearing. You must make the appeal within the time and in the manner set out in rules of court made under section 148 of the Senior Courts Act 2016. The Court of Appeal has the same powers as a Panel and can make any orders it thinks fit. The Court of Appeal can make orders, but it cannot revoke some orders if the Panel was functioning when the appeal was lodged. This is if you could have applied to the Panel for a similar order under section 30(3). The Court of Appeal must follow these rules when making decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293714.

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Crime and justice > Courts and legal help
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31Appeal to Court of Appeal

  1. Any person may appeal to the Court of Appeal against—

  2. any order made under section 29(2)(a) by a Judicial Conduct Panel to hold a hearing or part of a hearing in private:
    1. the refusal of a Panel to make any order under section 29(2)(a):
      1. any order made under section 30(1) or (3) by a Panel:
        1. the refusal of a Panel to make any order under section 30(1) or (3).

          1. An application made under section 30(4) for the revocation, in whole or in part, of an order made by a Panel under section 30(1) must be—

          2. made as if it were an appeal against an order made under section 30(1); and
            1. treated as an appeal under subsection (1).

              1. The appeal must be—

              2. by way of rehearing; and
                1. made within the time, in the form, and in the manner prescribed by rules of court made under section 148 of the Senior Courts Act 2016.

                  1. For the purposes of the appeal, the Court of Appeal has all the powers of a Panel and may make any orders it thinks fit.

                  2. However, the court must not make an order revoking, in whole or in part, an order made under section 30(1) if the Panel was functioning at the time the appeal was lodged and the appellant could have applied to the Panel for an order to the same effect under section 30(3).

                  Notes
                  • Section 31(3)(b): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).