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Senior Courts Act 2016

Senior court Judges - Acting Judges

108: Acting President of Court of Appeal

You could also call this:

"What happens when the Court of Appeal President is away"

Illustration for Senior Courts Act 2016

If the President of the Court of Appeal is not available, you need to know what happens next. The most senior available Judge of the Court of Appeal can act as President. This can happen if the President's job is vacant or if they are unable to work. If the President is ill or cannot work for some reason, the next most senior Judge can act as President. This Judge has the power to do the President's job and make decisions. They can do this until the President can work again or a new President is appointed. You can find more information about this by looking at the related law.

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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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