New Zealand Legislation: Acts
Acts are laws made by Parliament
(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.
(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) must be a permanent appointment from the time when it is made, and must fill the vacancy next occurring in the office of Judge, not being a vacancy filled by an earlier appointment under subsection (1C).
(2) The Judges of the High Court shall be appointed by the Governor-General in the name and on behalf of Her Majesty.
(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) As between the Judges of the High Court who are not Judges of the Supreme Court or Court of Appeal,
(a) the Chief High Court Judge has seniority over the other Judges:
(b) the other Judges have seniority among themselves according to the dates of their appointments as Judges of the High Court:
(c) 2 or more of the other Judges appointed as Judges of the High Court on the same date,
(i) have seniority according to the precedence assigned to them by the Governor-General on appointment; or
(ii) if no precedence is assigned to them, according to the order in which they take the Judicial Oath.
(3A) Permanent Judges have seniority over temporary Judges.
(4) The jurisdiction of the High Court shall not be affected by any vacancy in the number of the Judges of that Court.
Section 4 was repealed, as from 1 February 1914, by section 2(6) Judicature Amendment Act 1913 (1913 No 41).
A new section 4 was inserted, as from 26 September 1957, by section 4(1) Judicature Amendment Act 1957 (1957 No 9).
Subsection (1) was amended, as from 9 April 1959, by section 2(1) Judicature Amendment Act 1969 (1959 No 20) by substituting the expression “14”
for the expression “13”
.
Subsection (1) was amended, as from 24 March 1961, by section 2(1) Judicature Amendment Act 1961 (1961 No 11) by substituting the expression “15”
for the expression “13”
Subsection (1) was amended, as from 23 October 1969, by section 2(1) Judicature Amendment Act 1969 (1969 No 86) by substituting the expression “16”
for the expression “15”
Subsection (1) was amended, as from 20 October 1972, by section 17(1) Judicature Amendment Act 1972 (1972 No 130) by substituting the expression “17”
for the expression “16”
Subsection (1) was amended, as from 21 October 1974, by section 2(1) Judicature Amendment Act 1974 (1974 No 57) by substituting the expression “19”
for the expression “17”
Subsection (1) was amended, as from 8 December 1976, by section 2(1) Judicature Amendment Act 1976 (1976 No 134) by substituting the expression “21”
for the expression “19”
Subsection (1) was amended, as from 7 October 1977, by section 2(1) Judicature Amendment Act 1977 (1977 No 32) by substituting the expression “22”
for the expression “21”
Subsection (1) was amended, as from 11 October 1978, by section 2(1) Judicature Amendment Act 1978 (1978 No 55) by substituting the expression “25”
for the expression “22”
Subsection (1) was amended, as from 13 December 1979, by section 3(1) Judicature Amendment Act 1979 (1979 No 124) by substituting the expression “26”
for the expression “25”
Subsection (1) was amended, as from 16 December 1983, by section 2(1) Judicature Amendment Act 1983 (1983 No 103) by substituting the expression “27”
for the expression “26”
Subsection (1) was amended, as from 11 June 1985, by section 2(1) Judicature Amendment Act 1985 (1985 No 88) by substituting the expression “29”
for the expression “27”
Subsection (1) was amended, as from 6 November 1986, by section 3(1) Judicature Amendment Act 1986 (1986 No 93) by substituting the expression “31”
for the expression “29”
Subsection (1) was amended, as from 16 December 1988, by section 2(1) Judicature Amendment Act (No 2) 1988 (1988 No 194) by substituting the expression “32”
for the expression “31”
Subsection (1) was amended, as from 13 December 1995, by section 2(1) Judicature Amendment Act 1995 (1995 No 70) by substituting the expression “36”
for the expression “32”
Subsection (1) was amended, as from 30 June 2002, by section 181(1) Sentencing Act 2002 (2002 No 9) by substituting the expression “37”
for the expression “36”
. See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (1) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting the number “42”
for the number “37”
. See sections 50 to 55 of that Act as to the transitional and savings provisions.
Subsection (1) was substituted, as from 20 May 2004, by section 3(1) Judicature Amendment Act 2004 (2004 No 45).
Subsections (1A) to (D) were inserted, as from 20 May 2004, by section 3(1) Judicature Amendment Act 2004 (2004 No 45).
Subsection (2A) was inserted, as from 20 May 2004, by section 3(2) Judicature Amendment Act 2004 (2004 No 45).
Subsection (3) was substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act as to the transitional and savings provisions.
Subsections (3A) and (3B) were inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act as to the transitional and savings provisions.
The words “High Court”
and “Judges of the High Court”
were substituted for the words “Supreme Court”
and “Judges of the Supreme Court”
respectively, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).