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Senior Courts Act 2016

High Court - Constitution of High Court

7: Number of High Court Judges

You could also call this:

"How Many High Court Judges Can There Be?"

Illustration for Senior Courts Act 2016

The number of High Court Judges is limited to 60. You can think of it like a big team, and the team can't have more than 60 players. The Governor-General decides how many Judges to appoint. When counting the Judges, a full-time Judge counts as one person, and a part-time Judge counts as a fraction of one person. The total count must not exceed 60. In some cases, the Governor-General can appoint more than 60 Judges if a Judge is going to retire soon or is already on leave before retiring. This is to make sure there are enough Judges to do the work. The appointment of an extra Judge must fill a vacancy that will happen soon, and it can't fill a vacancy that has already been filled by another appointment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6143301.

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Part 2High Court
Constitution of High Court

7Number of High Court Judges

  1. The number of High Court Judges appointed from time to time referred to in section 6(2)(b) may not exceed 60.

  2. For the purposes of subsection (1),—

  3. a permanent Judge who is sitting on a full-time basis counts as 1:
    1. a permanent Judge who is sitting on a part-time basis counts as an appropriate fraction of 1:
      1. the aggregate number (for example 59.5) must not exceed 60.

        1. Despite subsection (1), the Governor-General may appoint more than 60 High Court Judges (additional Judges) if at any time the Governor-General thinks that an additional Judge is required because of—

        2. the absence of any Judge on leave preliminary to retirement; or
          1. the anticipated absence of any Judge on leave preliminary to retirement; or
            1. the anticipated retirement of any Judge if the retirement is within 3 months of the appointment of the additional Judge.

              1. The appointment of an additional Judge under subsection (3) must fill the vacancy next occurring in the office of Judge, not being a vacancy filled by an earlier appointment under subsection (3).

              Notes
              • Section 7(1): amended, on , by section 4(1) of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).
              • Section 7(2)(c): amended, on , by section 4(1) of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).
              • Section 7(2)(c): amended, on , by section 4(2) of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).
              • Section 7(3): amended, on , by section 4(1) of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).
              • Section 7(3): amended, on , by section 4(3) of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).
              • Section 7(3)(c): inserted, on , by section 4(4) of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).