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Employment Relations Act 2000

Institutions - Judges of the court

210: Quorum and decision of court

You could also call this:

“At least two judges must be present, and the majority decides, with the Chief Judge breaking ties.”

When more than one judge is involved in a case, at least two judges need to be present for the court to make decisions. This is called a quorum.

If there are multiple judges present, the decision of most of the judges becomes the court’s decision.

Sometimes, the judges might be split equally on a decision. In this case, if the Chief Judge is there, their decision becomes the court’s decision. If the Chief Judge isn’t there, the decision of the most experienced judge present becomes the court’s decision.

Every decision the court makes must be signed by a judge. Either a judge or the court’s Registrar can issue the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61419.

Topics:
Crime and justice > Courts and legal help
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Part 10 Institutions
Judges of the court

210Quorum and decision of court

  1. Where, in relation to any proceedings, case, or question, the court consists of more than 1 Judge, the presence of at least 2 Judges is necessary to constitute a sitting of the court for the purposes of those proceedings, or that case or question, except as otherwise expressly provided.

  2. The decision of a majority of the Judges present at the sitting of the court is the decision of the court.

  3. Where the Judges present at a sitting of the court are equally divided in opinion, the decision of the court, for the purposes of subsection (2), is the decision of the Chief Judge if the Chief Judge is present or, if the Chief Judge is not present, the decision of the most senior of the Judges present.

  4. The decision of the court in every case must be signed by a Judge, and may be issued by a Judge or by the Registrar of the court.

Compare
  • 1991 No 22 s 120