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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 appoint a Court of Appeal Judge to be a temporary Supreme Court Judge."

Illustration for Senior Courts Act 2016

The Chief Justice can choose 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 makes this choice with the President of the Court of Appeal. The Chief Justice can make this choice for a few reasons, like if a Judge is away or for a temporary reason. You will see that only one Court of Appeal Judge can be at a Supreme Court hearing at a time. This is to make sure things run smoothly. If a Court of Appeal Judge is chosen to be an acting Supreme Court Judge, some rules do not apply to them, like the rules in section 104. You can look at other laws to see how this rule has changed over time. This helps you understand how the law works in New Zealand.

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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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"Temporary Chief High Court Judge: Who Takes Over When the Chief Judge is Unavailable"

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

"The Governor-General can choose a retired Supreme Court Judge to be an acting Judge."

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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