(1) The Governor-General may from time to time, by warrant under his hand, appoint fit and proper persons to be District Court Judges to exercise civil and criminal jurisdiction within New Zealand.
(2) The maximum number of Judges is 140.
(2A) For the purposes of subsection (2),—
(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, 139.5) must not exceed the maximum number of Judges that is for the time being permitted.
(2B) Subsection (2) is subject to sections 10 and 10A.
(3) No person shall be appointed a Judge unless—
(a) he has held a practising certificate as a barrister or solicitor for at least 7 years; or
(b) he has been continuously employed as an officer of the responsible department or Ministry of Justice for a period of at least 10 years, and during that period has been employed for not less than 7 years as the Clerk or Registrar of a court, and is a barrister or solicitor who has been qualified for admission, or admitted, as such for not less than 7 years.
(4) A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief District Court Judge is satisfied that the employment or other office is compatible with judicial office.
(5) No Judge shall practise as a barrister or solicitor.
Section 5: substituted, on 1 April 1980, by section 6(1) of the District Courts Amendment Act 1979 (1979 No 125).
Section 5(2): substituted, on 20 May 2004, by section 3(1) of the District Courts Amendment Act 2004 (2004 No 42).
Section 5(2A): inserted, on 20 May 2004, by section 3(1) of the District Courts Amendment Act 2004 (2004 No 42).
Section 5(2B): inserted, on 20 May 2004, by section 3(1) of the District Courts Amendment Act 2004 (2004 No 42).
Section 5(3)(b): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
Section 5(3)(b): amended, on 1 July 1995, by section 3(1)(c) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
Section 5(4): substituted, on 20 May 2004, by section 3(2) of the District Courts Amendment Act 2004 (2004 No 42).