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Employment Relations Act 2000

Institutions - Judges of the court

200: Appointment of Judges

You could also call this:

"How Judges are chosen and appointed in New Zealand"

The Governor-General appoints Judges of the court on the advice of the Attorney-General. You can be appointed a Judge if you have been a lawyer in New Zealand for at least 7 years. Alternatively, you can be appointed if you have a law degree from a New Zealand university, have been admitted as a barrister and solicitor, and have practised law in a certain area for at least 7 years.

If there is a vacancy in the number of Judges, it does not affect the court's work. The Attorney-General must explain how they choose people to be Judges and how they nominate them for appointment.

A Judge cannot work as a lawyer at the same time. For more information on certain orders, you can look at Part 3 of the Legislation Act 2019 to see the publication requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61400.

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Government and voting > Government departmentsCrime and justice > Courts and legal help

Part 10Institutions
Judges of the court

200Appointment of Judges

  1. The Judges of the court are to be appointed by the Governor-General on the advice of the Attorney-General.

  2. A person may be appointed a Judge only if—

  3. that person has for at least 7 years held a New Zealand practising certificate as a barrister or as a barrister and solicitor; or
    1. that person—
      1. holds a degree in law granted or issued by any university within New Zealand; and
        1. has been admitted as a barrister and solicitor of the High Court; and
          1. has held a practising certificate in a jurisdiction specified by Order in Council—
            1. for at least 7 years; or
              1. for a lesser number of years but when that number of years is added to the number of years the person has held a New Zealand practising certificate the total number of years is at least 7.

            2. The jurisdiction of the court is not affected by any vacancy in the number of Judges of the court.

            3. The Attorney-General must publish information explaining his or her process for—

            4. seeking expressions of interest for the appointment of Judges of the court; and
              1. nominating a person for appointment as a Judge of the court.

                1. A Judge must not practise as a lawyer.

                2. An order under subsection (2)(b)(iii) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Compare
                • 1991 No 22 s 113(1), (2), (8)
                Notes
                • Section 200(2): replaced, on , by section 8(1) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
                • Section 200(4): replaced, on , by section 8(2) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
                • Section 200(5): inserted, on , by section 8(2) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
                • Section 200(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).