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Senior Courts Act 2016

Senior court Judges - Acting Judges

113: Appointment of acting Judges of High Court

You could also call this:

"Who can be a temporary High Court Judge and how are they chosen?"

Illustration for Senior Courts Act 2016

The Governor-General can appoint one or more acting Judges of the High Court on the advice of the Attorney-General. You can be eligible for this appointment if you are under 75 years old and have retired or resigned from certain judge roles, or if you are currently an Associate Judge or a District Court Judge. The Governor-General can make this appointment because a High Court Judge is ill or absent, or for another temporary reason. You can only act as an acting Judge of the High Court to the extent that the Chief High Court Judge allows you to. The Chief High Court Judge can authorise you to act during specific periods or in specific places. The Attorney-General gives advice to the Governor-General on who to appoint, and the Chief High Court Judge decides how you can act in your role. You can find more information about this by looking at the relevant legislation and other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759460.

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Part 5Senior court Judges
Acting Judges

113Appointment of acting Judges of High Court

  1. The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the High Court.

  2. A person under the age of 75 years is eligible for appointment under subsection (1) if that person—

  3. has retired or resigned from office as—
    1. a High Court Judge; or
      1. an Associate Judge; or
        1. a District Court Judge; or
        2. is—
          1. an Associate Judge; or
            1. a District Court Judge.

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

            3. During the term of his or her appointment, an acting Judge of the High Court may only act to the extent authorised by the Chief High Court Judge.

            4. An acting Judge of the High Court may be authorised by the Chief High Court Judge to—

            5. act during 1 or more specified periods; and
              1. act in 1 or more specified places.

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