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Employment Relations Act 2000

Institutions - Judges of the court

207: Appointment of acting Judges

You could also call this:

“The Governor-General can choose people to be temporary judges for a short time when they are needed.”

The Governor-General can appoint acting Judges to the court when needed. These appointments are temporary and can last up to two years. If the person is 70 years old or older, they can only be appointed for up to 12 months. However, people can be reappointed multiple times.

To be appointed as an acting Judge, you usually need to meet the same requirements as regular Judges. However, former Judges of this court or current or former District Court Judges can also be appointed as acting Judges.

Acting Judges don’t get a superannuation subsidy, but they still receive compulsory employer contributions for KiwiSaver.

The Governor-General can appoint acting Judges even if there are already other Judges working in the court.

Acting Judges are paid a salary decided by the Governor-General in Council, but it can’t be more than what other Judges (except the Chief Judge) are paid. They also get the same allowances as regular Judges.

The rules about how much acting Judges are paid are not limited by the Remuneration Authority Act 1977.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61413.

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Part 10 Institutions
Judges of the court

207Appointment of acting Judges

  1. The Governor-General may from time to time, whenever in the Governor-General's opinion it is necessary or expedient to make a temporary appointment, appoint 1 or more acting Judges of the court to hold office for such period as is specified in the warrant of appointment.

  2. The period so specified may not exceed 2 years or, in the case of a person who has attained the age of 70 years, 12 months; but any person appointed under this section may from time to time be reappointed.

  3. Except as provided in subsection (4), no person may be appointed as a Judge under this section unless that person is eligible for appointment as a Judge under section 200.

  4. A person may, subject to subsection (2), be appointed as an acting Judge under this section if he or she is a former Judge of the court or a current or former District Court Judge.

  5. A superannuation subsidy must not be paid to a person who is appointed as an acting Judge under this section.

  6. Subsection (1) does not apply to a compulsory employer contribution within the meaning of section 101A of the KiwiSaver Act 2006.

  7. The power conferred by this section may be exercised at any time, even though there may be 1 or more persons holding the office of Judge, whether under section 200 or this section.

  8. Every Judge appointed under this section is to be paid—

  9. such salary, not exceeding the salary payable for the time being to Judges other than the Chief Judge, as the Governor-General in Council directs; and
    1. the allowances to which the Judge would be entitled if the Judge were appointed under section 200.

      1. Nothing in the Remuneration Authority Act 1977 limits the provisions of subsection (6).

      Compare
      • 1991 No 22 s 116
      Notes
      • Section 207 heading: amended, on , by section 11(1) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
      • Section 207(1): amended, on , by section 11(2) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
      • Section 207(2): amended, on , by section 5(1) of the Employment Relations Amendment Act 2007 (2007 No 2).
      • Section 207(4): replaced, on , by section 11(3) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
      • Section 207(4A): inserted, on , by section 11(3) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
      • Section 207(4B): inserted, on , by section 11(3) of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
      • Section 207(7): amended, on , by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).