New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) There shall be paid to the Chief Justice, to the other Judges of the Supreme Court, to the President of the Court of Appeal, to the other Judges of the Court of Appeal, and to the other Judges, out of public money, without further appropriation than this section,—
(a) salaries at such rates as the Remuneration Authority from time to time determines; and
(b) such allowances as are from time to time determined by the Remuneration Authority; and
(ba) a higher duties allowance payable and calculated in accordance with subsection (1A); and
(c) such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.
(1A) The higher duties allowance under subsection (1)(ba) is—
(a) payable only to a Judge who—
(i) is or was not a Judge of the Court of Appeal holding office under section 57(2) (in this subsection called a permanent Judge); but
(ii) is or was under sections 58A to 58C or section 58F serving as a member of a criminal or civil division, or as a member of the full court, of the Court of Appeal; and
(b) payable only in respect of periods of the Judge's service as a member of the division or full court; and
(c) calculated at a rate expressed per day of service as a member of the division or full court in accordance with the following formula:
(a − b) × c/d
where—
(2) Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
(3) Every such determination, and every provision of any such determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination.
(4) The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.
(5) For the purpose of section 24 of the Constitution Act 1986, neither the cessation of the payment of a higher duties allowance payable and calculated under subsections (1)(ba) and (1A), nor the payment of salary and allowances on a pro rata basis under subsection (4), is a reduction of salary.
Section 9A: inserted, on 1 April 1985, by section 2 of the Judicature Amendment Act (No 3) 1985 (1985 No 136).
Section 9A(1): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
Section 9A(1): amended, on 1 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).
Section 9A(1)(a): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).
Section 9A(1)(b): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).
Section 9A(1)(ba): inserted, on 23 March 2010, by section 4(1) of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).
Section 9A(1A): inserted, on 23 March 2010, by section 4(2) of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).
Section 9A(4): added, on 20 May 2004, by section 5 of the Judicature Amendment Act 2004 (2004 No 45).
Section 9A(5): added, on 20 May 2004, by section 5 of the Judicature Amendment Act 2004 (2004 No 45).
Section 9A(5): amended, on 23 March 2010, by section 4(3) of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).
