New Zealand Legislation: Acts

11 Temporary Judges

• (1) Subject to section 11B of this Act, at any time during the illness or absence of any Judge, or for any other temporary purpose, the Governor-General may, in the name and on behalf of Her Majesty, appoint any person (including a former Judge) to be a Judge for such term, not exceeding 12 months, as the Governor-General may specify.

  (2) Any person appointed a Judge under this section may be re-appointed, but no Judge shall hold office under this section for more than 2 years in the aggregate.

  (3) Every person appointed a Judge under this section shall, during the term of his appointment, be paid the salary and allowances payable by law to a Judge other than the Chief Justice the other Judges of the Supreme Court, the President of the Court of Appeal, the other Judges of the Court of Appeal, or the Chief High Court Judge.

  Subsection (1) was amended, as from 29 August 1923, by section 2(a) Judicature Amendment Act 1923 (1923 No 36), by substituting the words “as hereinafter provided” for the words “during His Excellency's pleasure”.

  Subsections (2) and (3) were inserted, as from 29 August 1923, by section 2(b) Judicature Amendment Act 1923 (1923 No 36).

  Subsection (4) was inserted, as from 29 September 1961, by section 6 Judicature Amendment Act 1961 (1961 No 11).

  Section 11 was substituted, as from 14 October 1981, by section 2(1) Judicature Amendment Act 1981 (1981 No 40).

  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”.

  Subsection (3) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting the words “the other Judges of the Supreme Court, the President of the Court of Appeal, the other Judges of the Court of Appeal, or the Chief High Court Judge” for the words “or the President of the Court of Appeal or a Judge of the Court of Appeal”. See sections 50 to 55 of that Act as to the transitional and savings provisions.