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Employment Relations Act 2000

Institutions - Judges of the court

200: Appointment of Judges

You could also call this:

“The Governor-General selects judges based on the Attorney-General's advice, and they must have special qualifications to be chosen.”

The Governor-General appoints Judges of the court based on advice from the Attorney-General. To become a Judge, you need to have worked as a lawyer in New Zealand for at least 7 years. Or, you can become a Judge if you have a law degree from a New Zealand university, are allowed to work as a lawyer in the High Court, and have worked as a lawyer in certain other countries for 7 years or a mix of time in New Zealand and other countries that adds up to 7 years.

The court can still work even if there aren’t enough Judges. The Attorney-General must tell people how they look for new Judges and how they choose who to nominate. Once you become a Judge, you can’t work as a lawyer anymore.

The government can make a list of countries where working as a lawyer counts towards becoming a Judge in New Zealand. This list is a type of law called secondary legislation, which you can find in Part 3 of the Legislation Act 2019.

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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.

Topics:
Crime and justice > Courts and legal help
Government and voting > Government departments
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Part 10 Institutions
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).