Judicature Amendment Act 2004

1: Title
1: This Act is the Judicature Amendment Act 2004.
2: In this Act, the Judicature Act 1908 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: The Judges of the High Court
1: Section 4
1: The High Court consists of—
a: a Judge called the Chief Justice of New Zealand; and
b: the other Judges, up to a maximum of 55, who are from time to time appointed.
1A: For the purposes of subsection (1)﻿(b)
a: a Judge who is acting on a full-time basis counts as 1:
b: a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
c: the aggregate number (for example, 54.5) must not exceed the maximum number of Judges that is for the time being permitted.
1B: Subsection (1) subsections (1C) and (1D)
1C: An additional Judge or additional Judges may be appointed whenever the Governor-General thinks it necessary because of the absence or anticipated absence of any of the Judges on leave preliminary to retirement.
1D: Every appointment made under subsection (1C) subsection (1C)
2: Section 4
2A: A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
3: Section 181 Sentencing Act 2002
4: New section 4C inserted
The principal Act is amended by inserting, after section 4B
4C: Judges of High Court act on full-time basis but may be authorised to act part-time
1: A person acts as a Judge of the High Court on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4) section 4 or section 4A to act
3: To avoid doubt, an authorisation under subsection (2)
4: The Attorney-General may authorise a Judge to act on a part-time basis only—
a: on the request of the Judge; and
b: with the concurrence of the Chief High Court Judge.
5: In considering whether to concur under subsection (4)
6: A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6)
8: An authorisation may not be granted under subsection (2)
5: Salaries and allowances of Judges
Section 9A
4: The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.
5: For the purpose of section 24 of the Constitution Act 1986 subsection (4)
6: Masters become Associate Judges
1: Every person who, immediately before the commencement of this section, held office as a Master of the High Court becomes an Associate Judge of the High Court and is deemed to have been appointed as an Associate Judge under section 26C
2: The Acts specified in the Schedule are consequentially amended in the manner set out in that schedule.
3: All references to a Master of the High Court in any Act, regulation, order, or other enactment or in any agreement, deed, instrument, application, notice, or other document must, unless the context otherwise requires, be read as references to an Associate Judge of the High Court.
7: New sections 26C and 26D substituted
The principal Act is amended by repealing sections 26C 26D
26C: Appointment of Associate Judges
1: The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Associate Judges of the High Court.
2: The maximum number of Associate Judges is 6.
3: For the purposes of subsection (2)
a: an Associate Judge who is acting on a full-time basis counts as 1:
b: an Associate Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
c: the aggregate number (for example, 5.5) must not exceed the maximum number of Associate Judges that is for the time being permitted.
4: A person must not be appointed as an Associate Judge unless he or she has held a practising certificate as a barrister or solicitor for at least 7 years.
5: An Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
6: An Associate Judge holds office until, in accordance with section 26E
7: Subsection (6)
a: every Associate Judge appointed after the commencement of this section; and
b: every person deemed by section 6(1) of the Judicature Amendment Act 2004
26D: Associate Judges act on full-time basis but may be authorised to act part-time
1: A person acts as an Associate Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4) section 26C to act
3: To avoid doubt, an authorisation under subsection (2)
4: The Attorney-General may authorise an Associate Judge to act on a part-time basis only—
a: on the request of the Associate Judge; and
b: with the concurrence of the Chief High Court Judge.
5: In considering whether to concur under subsection (4)
6: An Associate Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which an Associate Judge acts must not be altered during the term of the Associate Judge's appointment without the Associate Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6)
8: Vacation of office
Section 26E(2) Minister of Justice Attorney-General
9: Salaries and allowances of Associate Judges
Section 26F
5: The salary and allowances payable for a period during which an Associate Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.
6: For the purpose of subsection (2) subsection (5)
10: Temporary Associate Judges
Section 26H(2) 3 12
11: New section 26Q substituted
The principal Act is amended by repealing section 26Q
26Q: Immunity of Associate Judges
Every Associate Judge has the same immunities as a Judge of the High Court.
12: New section 57A inserted
The principal Act is amended by inserting, after section 57
57A: Judges of Court of Appeal act on full-time basis but may be authorised to act part-time
1: A person acts as a Judge of the Court of Appeal on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4)
3: To avoid doubt, an authorisation under subsection (2)
4: The Attorney-General may authorise a Judge to act on a part-time basis only—
a: on the request of the Judge; and
b: with the concurrence of the President of the Court of Appeal.
5: In considering whether to concur under subsection (4)
6: A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6)
8: This section applies only to Judges who are appointed as Judges of the Court of Appeal.