Senior Courts Act 2016

Senior court Judges - Acting Judges

115: Requirements before Attorney-General gives advice on appointment of acting Judge

You could also call this:

"What the Attorney-General must do before advising on an acting Judge"

Illustration for Senior Courts Act 2016

You need to know what happens before the Attorney-General gives advice on appointing an acting Judge. The Attorney-General must get a certificate from the Chief Justice first. This certificate says the appointment is necessary for the court to work properly. You should know that the certificate must be signed by the Chief Justice. The Attorney-General needs this certificate before advising the Governor-General about the appointment under sections 111 to 114. The Chief Justice's certificate is an important step in this process. The Attorney-General cannot give advice without the certificate. This rule helps make sure the court has the judges it needs to work properly. The Chief Justice's signature on the certificate confirms that the appointment is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759462.

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Part 5Senior court Judges
Acting Judges

115Requirements before Attorney-General gives advice on appointment of acting Judge

  1. Before advising the Governor-General to make an appointment under any of sections 111 to 114, the Attorney-General must have received from the Chief Justice a certificate certifying that the appointment is necessary for the proper conduct of the court in respect of which the appointment is to be made.

  2. A certificate required by subsection (1) must be signed by the Chief Justice.

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