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Senior Courts Act 2016

Senior court Judges - Acting Judges

107: Acting Chief Justice

You could also call this:

"Who can be in charge when the Chief Justice is not available"

Illustration for Senior Courts Act 2016

You can have an Acting Chief Justice when the Chief Justice is not available. The most senior available Judge of the Supreme Court can act as Chief Justice if the office is vacant. They can also act as Chief Justice if the Chief Justice is unable to work due to illness or any other reason. You are allowed to have someone act as Chief Justice when they are needed. The next most senior available Judge of the Supreme Court can act as Chief Justice in this situation. They have the power to perform the duties of the Chief Justice and make decisions on their behalf. This rule does not change clause 12 of the Letters Patent Constituting the Office of Governor-General of New Zealand. The Acting Chief Justice has the power to do the Chief Justice's job while they are acting. They can make decisions and take actions as if they were the Chief Justice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759454.

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Part 5Senior court Judges
Acting Judges

107Acting Chief Justice

  1. During any period that the office of the Chief Justice is vacant, the most senior available Judge of the Supreme Court is authorised to act as Chief Justice.

  2. During any period that the Chief Justice is unable for any reason (including illness) to perform the duties of that office, the next most senior available Judge of the Supreme Court is authorised to act as Chief Justice.

  3. A Judge authorised under subsection (1) or (2) to act as Chief Justice is empowered while so acting to—

  4. perform the duties of the Chief Justice; and
    1. exercise any power of the Chief Justice.

      1. This section does not affect clause 12 of the Letters Patent Constituting the Office of Governor-General of New Zealand.

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