Employment Relations Act 2000

Institutions - Judges of the court

204: Protection of Judges against removal from office

You could also call this:

"Judges can only be removed from their job for serious reasons, like misbehaving or being unable to work."

You can't remove a Judge from their job unless the Sovereign or the Governor-General does it. The Sovereign or the Governor-General can only do this if the House of Representatives asks them to. This can happen if the Judge has behaved badly or can't do their job properly.

You need to have a good reason to ask for a Judge to be removed, and these reasons are very specific. The House of Representatives can ask for a Judge to be removed if the Judge has done something wrong, which is called misbehaviour. The House of Representatives can also ask for a Judge to be removed if the Judge is unable to do their job, which is called incapacity.

If you want to know more about how this law has changed over time, you can look at the Employment Relations Act 2000 and other related laws, such as the 1986 No 114 law, which is available on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61407.



Part 10Institutions
Judges of the court

204Protection of Judges against removal from office

  1. A Judge of the court may not be removed from office except by the Sovereign or the Governor-General, acting upon the address of the House of Representatives.

  2. An address under subsection (1) may be moved only on the grounds of—

  3. the Judge's misbehaviour; or
    1. the Judge's incapacity to discharge the functions of the Judge's office.
      Compare
      • 1986 No 114 s 23
      • 1991 No 22 s 113(3), (4)