Senior Courts Act 2016

Senior court Judges - Acting Judges

108: Acting President of Court of Appeal

You could also call this:

"Who replaces the Court of Appeal President if they can't work?"

Illustration for Senior Courts Act 2016

You can have an acting President of the Court of Appeal. This happens when the President's job is empty or they cannot work. The most senior Judge available will act as President. You might wonder how this works. If the President's job is empty, the most senior Judge can act as President. If the President is sick or cannot work, the next most senior Judge can act as President. When a Judge acts as President, they can do the President's job and make decisions. They have the same power as the President while they are acting in that role.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759455.

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Part 5Senior court Judges
Acting Judges

108Acting President of Court of Appeal

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

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

  3. A Judge authorised under subsection (1) or (2) to act as President of the Court of Appeal is empowered while so acting to—

  4. perform the duties of the President of the Court of Appeal; and
    1. exercise any power of the President of the Court of Appeal.
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