New Zealand Legislation: Acts

5AA Judges act on full-time basis but may be authorised to act part-time

• (1) A person acts as a Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.

  (2) The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 5 or section 5A to act on a part-time basis for any specified period.

  (3) To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge's appointment or at any other time, and may be given more than once in respect of the same Judge.

  (4) The Attorney-General may authorise a Judge to act on a part-time basis only—

  • (a) on the request of the Judge; and

  • (b) with the concurrence of the Chief District Court Judge (after consultation with the Principal Environment Judge if the request is from an Environment Judge).

  (5) In considering whether to concur under subsection (4)(b), the Chief District Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.

  (6) A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.

  (7) The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

  (8) This section applies to persons who hold office as District Court Judges regardless of whether they act as District Court Judges, as Environment Judges, or in any other judicial office.

  Section 5AA: inserted, on 20 May 2004, by section 4 of the District Courts Amendment Act 2004 (2004 No 42).