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Senior Courts Act 2016

Senior court Judges - Acting Judges

110: Appointment of acting Judges of Supreme Court by Chief Justice

You could also call this:

"The Chief Justice can choose another Judge to help in the Supreme Court if a Judge is away."

Illustration for Senior Courts Act 2016

The Chief Justice can appoint a Court of Appeal Judge to be an acting Supreme Court Judge. You need to know this can happen when a Supreme Court Judge is away or can't be there. The Chief Justice talks to the President of the Court of Appeal before making this decision. The Chief Justice can make this appointment for a temporary reason, like a Judge being absent. When this happens, only one Court of Appeal Judge can be at a Supreme Court hearing. This is to make sure things run smoothly. If a Court of Appeal Judge is appointed to be an acting Supreme Court Judge, section 104 does not apply to them. This means they follow different rules. You can find more information about this in other parts of the 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=DLM5759457.

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111: Appointment of acting Judges of Supreme Court by Governor-General, or

"The Governor-General can appoint temporary Supreme Court Judges with some conditions."

Part 5Senior court Judges
Acting Judges

110Appointment of acting Judges of Supreme Court by Chief Justice

  1. The Chief Justice, in consultation with the President of the Court of Appeal, may appoint a Court of Appeal Judge as an acting Supreme Court Judge to hear and determine 1 or more specified proceedings.

  2. An appointment under subsection (1) may be made because of the absence, or anticipated absence, of any Judge of the Supreme Court, or for any other temporary purpose.

  3. Only 1 Court of Appeal Judge appointed under subsection (1) may be present at a sitting of the Supreme Court for the hearing of a proceeding.

  4. To avoid doubt, section 104 does not apply to a Court of Appeal Judge appointed under subsection (1).

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