Reprint as at 23 March 2010

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Public Act	2004 No 38
Date of assent	19 May 2004
Commencement	see section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.

1 Title

2 Commencement

Preliminary provisions

3 Overview of process

4 Purpose

5 Interpretation

6 This Act binds the Crown

Judicial Conduct Commissioner and Deputy Judicial Conduct Commissioner

7 Judicial Conduct Commissioner

8 Functions and powers of Commissioner

8A Deputy Judicial Conduct Commissioner

8B Function and powers of Deputy Commissioner

9 Duty to act independently

10 Other provisions relating to Commissioner and Deputy Commissioner

Complaints about Judges

11 Which complaints must be dealt with

12 Who may complain

13 How to complain

14 Commissioner must acknowledge complaint and deal with it promptly

15 Commissioner must conduct preliminary examination

15A Commissioner’s power in certain circumstances to take no further action in respect of complaints

16 Commissioner must dismiss complaints that fail to meet required threshold

17 Commissioner's power to refer complaints to Head of Bench

18 Commissioner's power to recommend that Attorney-General appoint Judicial Conduct Panel

19 Commissioner's duty of confidentiality

20 Commissioner must make files available to Attorney-General and special counsel

Judicial Conduct Panel

21 Appointment of Judicial Conduct Panel

22 Membership of Panel

23 Panel must be dissolved if member unable to continue

24 Functions of Panel

25 Other provisions relating to administration and meetings of Panels

26 Power of Panel to conduct hearings and inquiries

27 Representation at hearing

28 Special counsel

29 Hearing to be in public

30 Restrictions on publication

31 Appeal to Court of Appeal

32 Report by Panel

33 Attorney-General has discretion to initiate removal of Judge on receipt of report

34 Attorney-General's power to take steps independently of this Act if Judge convicted of serious offence

35 Official Information Act 1982 amended

Savings provision

36 Amendments do not apply to certain complaints

Schedule 1
Overview of process for Judicial Conduct Commissioner and Judicial Conduct Panel

Schedule 2
Provisions relating to Judicial Conduct Commissioner and members of Judicial Conduct Panel

Reprint notes

New Zealand Legislation: Acts

Home | Search: Acts Bills Regulations All | Browse: Acts Bills Regulations All | Web feeds | Glossary | About | Guide | Site map | Buy Online

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 No 38 (as at 23 March 2010), Public Act

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Note

Contents

Home | Search: Acts Bills Regulations All | Browse: Acts Bills Regulations All | Web feeds | Glossary | About | Guide | Site map | Buy Online