New Zealand Legislation: Acts

4A Chief High Court Judge

• (1) The Governor-General must by warrant appoint a Judge of the High Court who is not a Judge of the Supreme Court or the Court of Appeal to be the Chief High Court Judge.

  (2) The Chief High Court Judge holds that office until the earliest of the following:

  • (a) ceasing to hold office as a Judge of the High Court:

  • (b) being appointed a Judge of the Supreme Court or the Court of Appeal:

  • (c) resigning the office of Chief High Court Judge without resigning office as a Judge of the High Court.

  (3) The Chief High Court Judge cannot resign the office of Chief High Court Judge without resigning office as a Judge of the High Court, except with the prior approval of the Governor-General.

  (4) The Judge of the High Court who is next senior after the Chief High Court Judge may act in place of the Chief High Court Judge if,

  • (a) because of illness or absence from New Zealand, or for any other reason, the Chief High Court Judge is unable to exercise the duties of that office; or

  • (b) the office of Chief High Court Judge is vacant.

  (5) While acting in place of the Chief High Court Judge, the next senior Judge

  • (a) may perform the functions and duties of the Chief High Court Judge; and

  • (b) may for that purpose exercise all the powers of the Chief High Court Judge.

  (6) The fact that the next senior Judge exercises any of the powers of the Chief High Court Judge is conclusive proof of his or her authority to do so.

  Sections 4A and 4B were inserted, as from 1 January 2004, by section 43 Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act as to the transitional and savings provisions.