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Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Savings provision

Schedule 2: Provisions relating to Judicial Conduct Commissioner and members of Judicial Conduct Panel

You could also call this:

"Rules for the people in charge of checking judges' behaviour"

Illustration for Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

You are part of a system that deals with judges and their behaviour. The Judicial Conduct Commissioner is in charge of this. The Commissioner has a Deputy who helps them. They are appointed for a term of between 2 and 5 years. You can find more information about the Commissioner's role in sections 10 and 25. The Commissioner and Deputy Commissioner are protected when doing their job. They cannot be sued for things they say or do as part of their work, unless they act in bad faith. The Commissioner has staff to help them. The Commissioner can delegate tasks to others. They must write a report each year about what they have done. This report goes to the Attorney-General, who then shares it with the House of Representatives. A Judicial Conduct Panel can be set up to look into complaints. This Panel has its own staff and follows its own procedures. The Panel's members are paid for their work. They must keep minutes of their meetings. The Chairperson of the Panel is in charge of the meetings. Decisions are made by a majority vote.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293721.

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Schedule 1: Overview of process for Judicial Conduct Commissioner and Judicial Conduct Panel, or

"How a complaint about a Judge is handled"

2Provisions relating to Judicial Conduct Commissioner and members of Judicial Conduct Panel Empowered by ss 10, 25

1Judicial Conduct Commissioner and Deputy Judicial Conduct Commissioner

1Term of office of Commissioner and Deputy Commissioner

  1. A person holds office as the Judicial Conduct Commissioner or as the Deputy Judicial Conduct Commissioner for a term (which must be not less than 2 years and not more than 5 years) that the Governor-General, on the recommendation of the House of Representatives, specifies in the person's appointment.

  2. A person may be reappointed as the Commissioner or as the Deputy Commissioner.

  3. The Commissioner or the Deputy Commissioner, unless he or she sooner vacates office by death, resignation, removal, or failure to be confirmed in office, continues to hold office, even though the term for which he or she was appointed may have expired, until one of the following occurs:

  4. the Commissioner or the Deputy Commissioner is reappointed; or
    1. a successor is appointed.

      1. The Commissioner or the Deputy Commissioner may resign the office at any time by written notice given to the Governor-General.

      2. A notice of resignation under subclause (4) must state the date on which the resignation takes effect.

      Notes
      • Schedule 2 clause 1 heading: amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
      • Schedule 2 clause 1(1): amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
      • Schedule 2 clause 1(2): amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
      • Schedule 2 clause 1(3): amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
      • Schedule 2 clause 1(3)(a): amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
      • Schedule 2 clause 1(4): amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

      2Filling of vacancy

      1. If a vacancy occurs in the office of Commissioner, the vacancy must be filled by the appointment of a successor by the Governor-General on the recommendation of the House of Representatives.

      2. If a vacancy occurs in the office of Deputy Commissioner, the vacancy may be filled by the appointment of a successor by the Governor-General on the recommendation of the House of Representatives.

      3. Subclause (3) applies if—

      4. a vacancy specified in subclause (1) or (1A) occurs while Parliament is not in session, or exists at the close of a session; and
        1. the House of Representatives has not recommended an appointment to fill the vacancy.

          1. When this subclause applies, the vacancy may, at any time before the commencement of the next ensuing session of Parliament, be filled by the appointment of a successor by the Governor-General in Council.

          2. An appointment made under subclause (3) lapses and the office again becomes vacant unless, before the end of the 24th sitting day of the House of Representatives following the date of the appointment, the House confirms the appointment.

          Notes
          • Schedule 2 clause 2(1A): inserted, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
          • Schedule 2 clause 2(2)(a): amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

          3Removal of Commissioner or Deputy Commissioner

          1. The Governor-General, on an address from the House of Representatives, may remove the Commissioner or the Deputy Commissioner from office for—

          2. incapacity; or
            1. misconduct.

              Notes
              • Schedule 2 clause 3 heading: amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
              • Schedule 2 clause 3: amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

              4Commissioner and Deputy Commissioner protected

              1. This clause applies to the Commissioner, to the Deputy Commissioner, and to every person engaged or employed in connection with the work of the Commissioner or the Deputy Commissioner.

              2. No proceedings, civil or criminal, lie against any person to whom this section applies for anything he or she may do or report or say in the course of the exercise or intended exercise of his or her duties under this Act, unless it is shown that he or she acted in bad faith.

              3. No person to whom this clause applies is required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.

              4. Nothing in subclause (2) or subclause (3) applies in respect of proceedings for—

              5. an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961 or against section 20A of the Summary Offences Act 1981; or
                1. the offence of attempting or conspiring to commit an offence against section 78, 78AAA, 78AAB, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961 or against section 20A of the Summary Offences Act 1981.

                  1. Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry by, or proceedings before, the Commissioner or the Deputy Commissioner under this Act is privileged in the same manner as if the inquiry or proceedings were proceedings in a court.

                  2. For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report made by the Commissioner or the Deputy Commissioner under this Act is deemed to be an official report made by a person holding an inquiry under the authority of the Parliament of New Zealand.

                  Notes
                  • Schedule 2 clause 4 heading: amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
                  • Schedule 2 clause 4(1): substituted, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
                  • Schedule 2 clause 4(4)(a): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                  • Schedule 2 clause 4(4)(a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                  • Schedule 2 clause 4(4)(b): amended, on , by section 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                  • Schedule 2 clause 4(4)(b): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                  • Schedule 2 clause 4(5): amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
                  • Schedule 2 clause 4(6): amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

                  5Salary and allowances

                  1. The Commissioner and the Deputy Commissioner must be paid the remuneration and allowances that the Remuneration Authority determines.

                  2. The Commissioner or the Deputy Commissioner is entitled to receive from the funds of the Commissioner’s office the actual and reasonable costs for travelling and other expenses that relate to the performance of his or her duties and responsibilities as the Commissioner or as the Deputy Commissioner.

                  Notes
                  • Schedule 2 clause 5(1): amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).
                  • Schedule 2 clause 5(2): substituted, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

                  6Staff and administrative support

                  1. The Commissioner and Deputy Commissioner have the staff and administrative support that is provided by the chief executive of the agency, organisation, or department within which the Commissioner and the Deputy Commissioner are located.

                  Notes
                  • Schedule 2 clause 6: amended, on , by section 9(3) of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 (2010 No 5).

                  7Delegations

                  1. The Commissioner may by writing, either generally or specifically, delegate any of his or her functions or powers to—

                  2. a specified person; or
                    1. a person of a specified class; or
                      1. the holder for the time being of a specified office or appointment; or
                        1. the holders for the time being of offices or appointments of a specified class.

                          1. The Commissioner must not delegate—

                          2. the power of delegation in subclause (1); or
                            1. the power in section 15 to conduct a preliminary examination; or
                              1. the power in section 16 to dismiss a complaint; or
                                1. the power in section 17 to refer a complaint to the Head of Bench; or
                                  1. the power in section 18 to recommend that the Attorney-General appoint a Judicial Conduct Panel.

                                    1. A person to whom any functions or powers are delegated under subclause (1) may carry out those functions or exercise those powers in the same manner and with the same effect as if they had been conferred on the person directly by this Act and not by delegation.

                                    2. Subclause (3) is subject to any direction given or condition imposed by the Commissioner.

                                    3. A person who appears to act under a delegation under subclause (1) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

                                    4. A delegation under subclause (1)—

                                    5. is revocable at will, but the revocation does not take effect until it is communicated to the delegate; and
                                      1. continues in force according to its terms until it is revoked; and
                                        1. does not prevent the Commissioner from performing the functions or exercising the power; and
                                          1. does not affect the responsibility of the Commissioner for the actions of any delegate acting under delegation.

                                            1. A person purporting to act under a delegation under this clause must, when reasonably requested to do so, produce evidence of his or her authority to act.

                                            8Funds of Commissioner

                                            1. The funds of the Commissioner's office consist of—

                                            2. money appropriated by Parliament for the purposes of the Commissioner and paid to the administering department for the purposes of the Commissioner's office:
                                              1. other money lawfully received by the Commissioner for the purposes of the Commissioner's office.

                                                9Annual report

                                                1. The Commissioner must in each year give the Attorney-General a report on the exercise of the functions under this Act.

                                                2. The Attorney-General must lay a copy of the report before the House of Representatives as soon as practicable after it is given to the Attorney-General.

                                                10Contents of annual report

                                                1. The annual report of the Commissioner must include, among other things,—

                                                2. the number and types of complaints received during the year; and
                                                  1. the outcomes of complaints or other references to the Commissioner (including matters initiated by the Commissioner and matters referred by the Attorney-General); and
                                                    1. the number of complaints still outstanding.

                                                      1. A report by the Commissioner under this section must not identify any person against whom a complaint has been made under this Act, unless the person has been the subject of a public hearing under this Act, has been the subject of a report by the Judicial Conduct Panel to the Attorney-General, or has been convicted of an offence connected with the complaint.

                                                      2Judicial Conduct Panel

                                                      Administrative provisions

                                                      11Members protected

                                                      1. Clause 4, with the necessary modifications, applies in relation to a member of a Judicial Conduct Panel.

                                                      12Salary and allowances

                                                      1. The members of a Judicial Conduct Panel (other than a Judge) must be paid the remuneration and allowances that the Remuneration Authority determines.

                                                      2. The members of the Panel (other than a Judge) are entitled to receive from the department referred to in clause 13 the actual and reasonable costs for travelling and other expenses that relate to the performance of their duties and responsibilities.

                                                      3. The Remuneration Authority may (without limitation)—

                                                      4. make a general determination under this clause or make a separate determination for each Judicial Conduct Panel that is appointed:
                                                        1. determine that any remuneration or allowances are payable on a per diem basis.

                                                          13Staff and administrative support

                                                          1. A Judicial Conduct Panel has the staff and administrative support that is provided by the chief executive of the department within which the Commissioner is located.

                                                          Procedure for meetings of Panel

                                                          14General procedure

                                                          1. The procedure for the calling of meetings of a Judicial Conduct Panel and for the conduct of business at those meetings is, subject to this Act, determined by the Panel.

                                                          15Quorum

                                                          1. All 3 members of a Judicial Conduct Panel must be present at a meeting of the Panel.

                                                          16Chairperson presides

                                                          1. The Chairperson presides at a meeting of a Judicial Conduct Panel and has a deliberative vote only.

                                                          17Decisions

                                                          1. A decision supported by a majority of the votes cast at a meeting of a Judicial Conduct Panel is the decision of the Panel.

                                                          18Minutes

                                                          1. A Judicial Conduct Panel. must cause full and accurate minutes to be kept of the proceedings of each meeting of the Panel.

                                                          19First meeting

                                                          1. The Chairperson may call the first meeting of a Judicial Conduct Panel held in relation to a matter in any manner that the Chairperson thinks fit.