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Senior Courts Act 2016

Senior court Judges - Acting Judges

107: Acting Chief Justice

You could also call this:

"Who replaces the Chief Justice when they are 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 the next most senior available Judge of the Supreme Court act as Chief Justice in this situation. They can do the Chief Justice's duties and use their powers while acting in this role. This means they can make decisions and take actions as if they were the Chief Justice. This rule does not change clause 12 of the Letters Patent Constituting the Office of Governor-General of New Zealand. It is a separate rule that applies to the Supreme Court. It helps ensure that the court can keep working even if the Chief Justice is not available.

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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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