Te Ture Whenua Maori Act 1993
Maori Land Act 1993

7 Appointment of Judges

(1)

The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Judges of the Maori Land Court.

(2)

The number of Judges appointed under this section must not at any time exceed 14.

(2AA)

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, 7.5) must not exceed the maximum number of Judges that is for the time being permitted.

(2A)

A person must not be appointed a Judge unless the person is suitable, having regard to the person’s knowledge and experience of te reo Maori, tikanga Maori, and the Treaty of Waitangi.

(3)

A person may be appointed a Judge only if—

(a)

that person has for at least 7 years held a New Zealand practising certificate as a barrister or as a barrister and solicitor; or

(b)

that person—

(i)

holds a degree in law granted or issued by any university within New Zealand; and

(ii)

has been admitted as a barrister and solicitor of the High Court; and

(iii)

has held a practising certificate in a jurisdiction specified by Order in Council—

(A)

for at least 7 years; or

(B)

for a lesser number of years but when that number of years is added to the number of years the person has held a New Zealand practising certificate the total number of years is at least 7.

(4)

No person shall be appointed a Judge after attaining the age of 70 years.

(5)

Every Judge shall, by virtue of that office, be a Justice of the Peace for New Zealand.

(6)

The Attorney-General must publish information explaining his or her process for—

(a)

seeking expressions of interest for the appointment of Judges of the court; and

(b)

nominating a person for appointment as a Judge of the court.

(7)

If the Attorney-General is not for the time being responsible for recommending the appointment of Judges of the court, he or she must publish information explaining the responsible Minister’s process for doing the things referred to in subsection (6).

(8)

A Judge must not practise as a lawyer.

Compare: 1953 No 94 s 16; 1974 No 73 s 43(1)

Section 7(2): substituted, on 25 November 2004, by section 103(1) of the Foreshore and Seabed Act 2004 (2004 No 93).

Section 7(2): amended, on 13 December 2006, by section 4 of Te Ture Whenua Maori Amendment Act 2006 (2006 No 76).

Section 7(2AA): inserted, on 20 May 2004, by section 3(1) of Te Ture Whenua Maori Amendment Act 2004 (2004 No 48).

Section 7(2A): inserted, on 1 July 2002, by section 6 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).

Section 7(3): replaced, on 1 March 2017, by section 5(1) of the Te Ture Whenua Maori Amendment Act 2016 (2016 No 69).

Section 7(4): amended, on 6 March 2007, by section 4 of Te Ture Whenua Maori Amendment Act 2007 (2007 No 4).

Section 7(6): replaced, on 1 March 2017, by section 5(2) of the Te Ture Whenua Maori Amendment Act 2016 (2016 No 69).

Section 7(7): replaced, on 1 March 2017, by section 5(2) of the Te Ture Whenua Maori Amendment Act 2016 (2016 No 69).

Section 7(8): inserted, on 1 March 2017, by section 5(2) of the Te Ture Whenua Maori Amendment Act 2016 (2016 No 69).