Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Judicial Conduct Panel

33: Attorney-General has discretion to initiate removal of Judge on receipt of report

You could also call this:

"The Attorney-General decides whether to remove a Judge after getting a report."

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

You can think of the Attorney-General as a very important person who helps make big decisions. If a Judicial Conduct Panel thinks a Judge should be removed, the Attorney-General gets to decide whether to start the process. The Attorney-General has the final say in this decision. A Judge can only be removed if a Judicial Conduct Panel says it is a good idea, but there is an exception to this rule, which is explained in section 34.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293716.

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32: Report by Panel, or

"The Panel Must Give a Report to the Attorney-General"


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34: Attorney-General's power to take steps independently of this Act if Judge convicted of serious offence, or

"What happens to a Judge found guilty of a serious crime"

33Attorney-General has discretion to initiate removal of Judge on receipt of report

  1. If a Judicial Conduct Panel concludes that consideration of the removal of a Judge is justified, the Attorney-General must determine, at his or her absolute discretion, whether to take steps to initiate the removal of that Judge from office.

  2. A Judge must not be removed from office unless a Judicial Conduct Panel has reported to the Attorney-General that it is of the opinion that consideration of the removal of the Judge is justified.

  3. Subsection (2) is subject to section 34.