New Zealand Legislation: Acts

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), authorise a Judge appointed under section 4 or section 4A to act on a part-time basis for any specified period.

  (3) To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge's appointment or at any other time, and may be made more than once in respect of the same Judge.

  (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), the Chief High Court Judge must have regard to the ability of the Court to discharge its obligations in an orderly and expeditious way.

  (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) for any person appointed as a Judge of the Court of Appeal or Supreme Court.

  Section 4C was inserted, as from 20 May 2004, by section 4 Judicature Amendment Act 2004 (2004 No 45).