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Human Rights Act 1993

Human Rights Commission - Appointment of Judge as Human Rights Commissioner

20C: Appointment of Judge as Human Rights Commissioner

You could also call this:

"Judges can also be Human Rights Commissioners without changing their Judge job."

Illustration for Human Rights Act 1993

If you are a Judge and you are appointed as a Human Rights Commissioner, it does not change your job as a Judge. You keep your same title, salary, and benefits. When you work as a Commissioner, it is considered part of your job as a Judge. If you are a Judge and a Commissioner, you can choose not to take part in something if you think it does not fit with your role as a Judge. You can learn more about how this law was changed by looking at the Human Rights Amendment Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304437.

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20B: Criteria and requirement for appointment, or

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20D: Office holders to whom sections 20E to 20G apply, or

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Part 1Human Rights Commission
Appointment of Judge as Human Rights Commissioner

20CAppointment of Judge as Human Rights Commissioner

  1. The appointment of a Judge as a Commissioner or alternate Commissioner or service by a Judge as a Commissioner or alternate Commissioner does not affect his or her tenure of judicial office or his or her rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation), and, for all purposes, his or her service as a Commissioner or alternate Commissioner must be taken to be service as a Judge.

  2. A Judge who is for the time being holding office as a Commissioner may, at any time, decline to participate in, or withdraw from participation in, any particular function or activity of the Commission if the Judge considers it incompatible with his or her judicial office.

Compare
  • 1977 No 49 ss 7(5A), 7A
  • 1983 No 56 ss 4(3), 5
  • 1985 No 23 s 3(1)
Notes
  • Section 20C: inserted, on , by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).