Senior Courts Act 2016

Senior court Judges - Eligibility for appointment

99: Eligibility for appointment as Chief Justice

You could also call this:

"Who can be the Chief Justice"

Illustration for Senior Courts Act 2016

You can be appointed the Chief Justice if you are a High Court Judge. You can also be appointed the Chief Justice if you are appointed a High Court Judge at the same time. If you are a Court of Appeal Judge and become the Chief Justice, you stop being a Court of Appeal Judge. You can still finish any court cases you were working on when you were a Court of Appeal Judge. This means you can keep working on a case you started, even if you are no longer a Court of Appeal Judge. You can do this even after you become the Chief Justice. If you stop being a Court of Appeal Judge to become the Chief Justice, you can still give a judgment in a case you heard. This is allowed so you can finish any work you started as a Court of Appeal Judge. You can do this on your own or with other judges.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6143306.

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Part 5Senior court Judges
Eligibility for appointment

99Eligibility for appointment as Chief Justice

  1. A person may only be appointed the Chief Justice if that person is—

  2. a High Court Judge; or
    1. appointed a High Court Judge at the same time as being appointed the Chief Justice.
      1. If a person who is a Court of Appeal Judge is appointed the Chief Justice, the person immediately ceases to hold office as a Court of Appeal Judge.

      2. A person who ceases to hold office as a Court of Appeal Judge under subsection (2) may nevertheless continue in that office to determine, give judgment in, or otherwise complete a proceeding heard by that person (either alone or with others) when he or she sat in the Court of Appeal.