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Senior Courts Act 2016

Senior court Judges - Appointments

104: Supreme Court Judge continues as Judge of High Court but no other court

You could also call this:

"Supreme Court Judges keep working as High Court Judges, but not in other courts."

Illustration for Senior Courts Act 2016

You are a High Court Judge and get appointed as a Supreme Court Judge. You keep being a High Court Judge and can use your powers as one. If you were a Court of Appeal Judge before, you stop being one when you become a Supreme Court Judge. You can still finish any court cases you were working on as a Court of Appeal Judge. This means you can give a verdict or complete the case even though you are no longer a Court of Appeal Judge. This helps finish any unfinished business from when you were in that role. When a Supreme Court Judge stops being a Court of Appeal Judge, they can still work on cases they started before the change, as seen in the relevant legislation and related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759448.

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103: Court of Appeal Judge continues as Judge of High Court, or

"A Court of Appeal Judge can still work as a High Court Judge."

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105: Terms and conditions of appointment not to be changed without consent, or

"Judges' and Associate Judges' terms and conditions can't be changed without their okay."

Part 5Senior court Judges
Appointments

104Supreme Court Judge continues as Judge of High Court but no other court

  1. When a person who is a Judge of the High Court is appointed a Supreme Court Judge, that person—

  2. continues to be a High Court Judge and may exercise any of the powers of a High Court Judge; but
    1. ceases to hold office as a Court of Appeal Judge if, immediately before being appointed a Supreme Court Judge, the person was a Court of Appeal Judge.

      1. A Supreme Court Judge who ceases to hold office as a Judge of the Court of Appeal (under subsection (1)(b)) may nevertheless continue in that office to determine, give judgment in, or otherwise complete a proceeding heard by the Judge (either alone or with others) when he or she sat in that court.

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