Dated at Wellington this 25th day of November 2004.
This memorandum is not part of the determination, but is intended to indicate its general effect.
Legislation has been passed to allow for Judges to act on a part-time basis with a pro rata adjustment to their salary and allowances.
Judges appointed on or before 30 June 1992
There is a statutory requirement for Judges appointed on or before 30 June 1992 to belong to the Government Superannuation Fund and to pay prescribed contributions for a maximum period of 16 years.
It is necessary to provide for any Judge who, before completing the equivalent of 16 years’ full-time service, is authorised to act on a part-time basis. Any period of part-time judicial service must be converted to full-time equivalent judicial service to ensure—
that compulsory superannuation contributions can be ceased on the due date; and
that the date of qualifying for the maximum percentage calculation of retiring allowance is likewise clearly established.
In addition, there is a need to clarify that the nominal salary for a full-time Judge is to be the salary base from which a Judge’s retiring allowance is to be computed.
Judges appointed after 1 July 1992
For Judges appointed after 1 July 1992, there is no need to make any special provisions. These Judges are entitled to a subsidy on their salary. As the subsidy is based on the salary actually received, any pro rata salary received during a period of part-time judicial service would attract a pro rata amount of subsidy.