Judicature Act 1908 No 89 (as at 12 June 2009), Public Act

  • not the latest version

Act by section

11A Former Judges
  • (1) Subject to section 11B of this Act, the Governor-General may, in the name and on behalf of Her Majesty, appoint any former Judge to be an acting Judge for such term not exceeding 2 years or, if the former Judge has attained the age of 72 years, not exceeding one year, as the Governor-General may specify.

    (2) During the term of his appointment, the former Judge may act as a Judge during such period or periods only and in such place or places only as the Chief High Court Judge may determine.

    (3) Every former Judge appointed under this section shall, during each period when he acts as a Judge, but not otherwise, be paid a salary at the rate for the time being payable by law to a Judge other than the Chief Justice or the President of the Court of Appeal or a Judge of the Court of Appeal, and shall also be paid such travelling allowances or other incidental or minor allowances as may be fixed from time to time by the Governor-General.

    (4) Every former Judge appointed under this section shall, during each period when he acts as a Judge, have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

    Sections 11A and 11B were inserted, as from 14 October 1981, by section 2(1) Judicature Amendment Act 1981 (1981 No 40).

    Subsection (2) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting the words High Court Judge for the word Justice. See sections 50 to 55 of that Act as to the transitional and savings provisions.

    Subsection (3) was amended, as from 1 April 1985, by section 3 Judicature Amendment Act (No 3) 1985 (1985 No 136) by inserting the words or the President of the Court of Appeal or a Judge of the Court of Appeal.