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Senior Courts Act 2016

Senior court Judges - Appointments

102: High Court Judge or Associate Judge may not hold lower judicial office

You could also call this:

"High Court Judges can't be judges in lower courts at the same time"

Illustration for Senior Courts Act 2016

You are a judge in a lower court, like the District Court or Employment Court. If you get a new job as a High Court Judge or Associate Judge, you stop being a judge in the lower court. You can still finish any cases you were already working on in the lower court. You can keep working on a case you started in the lower court, even if you are now a High Court Judge or Associate Judge. This means you can make a decision, give a judgment, or finish the case. You can do this even if you are no longer a judge in the lower court. If you were a judge in the Employment Court and you get a new job as a High Court Judge or Associate Judge, you stop being a judge in the Employment Court. You can still finish any Employment Court cases you were working on before you got your new job. You can make a decision, give a judgment, or finish the case, even though you are no longer a judge in the Employment Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6143307.

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101: Appointment as permanent Judge, or

"Becoming a Permanent Judge in a New Zealand Court"

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103: Court of Appeal Judge continues as Judge of High Court, or

"A Court of Appeal Judge can still work as a High Court Judge."

Part 5Senior court Judges
Appointments

102High Court Judge or Associate Judge may not hold lower judicial office

  1. When a person who is a District Court Judge is appointed a High Court Judge or an Associate Judge, that person ceases to hold office as a District Court Judge.

  2. A person who ceases to hold office as a District Court Judge under subsection (1) 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 District Court.

  3. When a person who is an Employment Court Judge is appointed a High Court Judge or an Associate Judge, that person ceases to hold office as an Employment Court Judge.

  4. A person who ceases to hold office as an Employment Court Judge under subsection (3) 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 Employment Court.