126 Additional members of High Court for purposes of Act

(1)

For the purpose of the exercise by the High Court of its jurisdiction and powers—

(a)

under section 92T; or

(b)

under section 123 in respect of any appeal under section 123(2) or section 123(3) in which a question of fact is involved,—

there shall be 2 additional members of the court who shall be persons appointed by a Judge of the court for the purposes of the hearing or appeal from the panel maintained by the Minister under section 101.

(2)

Before entering upon the exercise of the duties of their office, the additional members shall take an oath before a Judge of the High Court that they will faithfully and impartially perform the duties of their office.

(3)

The presence of a Judge of the High Court and of at least 1 additional member shall be necessary to constitute a sitting of the court.

(4)

The decision of a majority (including the Judge, or, where more than 1 Judge sits, including a majority of the Judges) of the members present at a sitting of the court shall be the decision of the court. If the members present are equally divided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the court.

(5)

If any question before the court cannot be decided in accordance with subsection (4), the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that court, which for the purpose shall have all the powers of the court under this Act. The decision of the Court of Appeal in any proceedings under this subsection shall be final and shall take effect and be entered as if it were a decision of the court under this Act.

(6)

An additional member is entitled—

(a)

to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and

(b)

in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.

(7)

For the purposes of subsection (6), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

Compare: 1977 No 49 s 66; 1991 No 60 s 3(4)

Section 126(1)(a): amended, on 1 January 2002, by section 29(a) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 126(1)(b): amended, on 1 January 2002, by section 29(b) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 126(6): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 126(7): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).