District Courts Act 1947 No 16 (as at 23 July 2011), Public Act

11H Retired Community Magistrates
  • (1) Any person who has retired from office as a Community Magistrate on attaining the age of 70 years, or who has sooner resigned, may be appointed as an acting Community Magistrate by the Governor-General on the advice of the Minister of Justice.

    (2) Each acting Community Magistrate must be appointed for a stated term that—

    • (a) is not more than the time until the Community Magistrate will reach the age of 73 years:

    • (b) in any case, is not more than 24 months.

    (3) During the term of the warrant, the person appointed may act as a Community Magistrate only during the period or periods that the Chief District Court Judge may direct after consultation with—

    • (a) the Chief Community Magistrate; or

    • (b) if the office of Chief Community Magistrate is vacant, any other Community Magistrate that the Chief District Court Judge thinks fit.

    (4) An acting Community Magistrate must, in respect of any period during which he or she acts as a Community Magistrate, but not otherwise, be paid remuneration and allowances at the rate for the time being prescribed for Community Magistrates under section 11G.

    (5) While an acting Community Magistrate appointed under this section acts as a Community Magistrate, but not otherwise, he or she has all the jurisdiction, powers, protections, privileges, and immunities of a Community Magistrate.

    Section 11H: inserted, on 20 May 2004, by section 6 of the District Courts Amendment Act 2004 (2004 No 42).

    Section 11H(1): amended, on 6 March 2007, by section 8 of the District Courts Amendment Act 2007 (2007 No 1).