New Zealand Legislation: Acts

4 The Judges of the High Court

• (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) is subject to subsections (1C) and (1D) and the other provisions of this Act.

  (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.

  (3B) Subsection (3A) overrides subsection (3).

  (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: substituted, on 26 September 1957, by section 4(1) of the Judicature Amendment Act 1957 (1957 No 9).

  Section 4 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

  Section 4(1): substituted, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

  Section 4(1A): inserted, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

  Section 4(1B): inserted, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

  Section 4(1C): inserted, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

  Section 4(1D): inserted, on 20 May 2004, by section 3(1) of the Judicature Amendment Act 2004 (2004 No 45).

  Section 4(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

  Section 4(2A): inserted, on 20 May 2004, by section 3(2) of the Judicature Amendment Act 2004 (2004 No 45).

  Section 4(3): substituted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  Section 4(3A): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  Section 4(3B): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  Section 4(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).