Judicial Salaries and Allowances Determination 2007

  • expired
  • Judicial Salaries and Allowances Determination 2007: expired, on 30 September 2008, by clause 3.

Reprint
as at 30 September 2008

Crest

Judicial Salaries and Allowances Determination 2007

(SR 2007/390)

  • Judicial Salaries and Allowances Determination 2007: expired, on 30 September 2008, by clause 3.


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.


Pursuant to section 12B(1) of the Remuneration Authority Act 1977 and,—

  • (a) in relation to the Chief Justice and the other Judges of the Supreme Court, the President of the Court of Appeal and the other Judges of the Court of Appeal, the Chief High Court Judge and the other Judges of the High Court, to section 9A(1)(a) and (b) of the Judicature Act 1908:

  • (b) in relation to the Chief Judge of the Employment Court and other Judges of the Employment Court, to section 206(1)(a) and (b) of the Employment Relations Act 2000:

  • (c) in relation to the Chief Judge of the Maori Land Court, the Deputy Chief Judge of the Maori Land Court, and the other Judges of the Maori Land Court, to section 13(1)(a) and (b) of the Te Ture Whenua Maori Act 1993:

  • (d) in relation to the Chief District Court Judge, the Principal Family Court Judge, the Principal Youth Court Judge, the Principal Environment Court Judge, and the other District Court Judges, to section 6(1)(a) and (b) of the District Courts Act 1947:

  • (f) in relation to the chief coroner, to section 110(1)(b) of the Coroners Act 2006,—

    the Remuneration Authority makes the following determination (to which is appended an Explanatory Memorandum).

Determination

1 Title
  • This determination is the Judicial Salaries and Allowances Determination 2007.

2 Commencement
  • This determination is deemed to have come into force on 1 October 2007.

3 Expiry
  • This determination expires on 30 September 2008.

4 Salaries of judicial officers
  • The salaries payable to the judicial officers specified in the Schedule must be paid at the respective rates set out in that schedule.

5 Principal allowances to judicial officers
  • Principal allowances for general expenses must be paid to the judicial officers specified in the Schedule at the respective rates set out in that schedule.

6 Principal allowance of Chief High Court Judge for secondary residential accommodation in Wellington
  • (1) This clause applies if the Chief High Court Judge—

    • (a) has his or her primary residence in Auckland; and

    • (b) owns or rents on a continuous basis residential accommodation in Wellington (the secondary residential accommodation); and

    • (c) uses the secondary residential accommodation in lieu of overnight accommodation.

    (2) If this clause applies, the Chief High Court Judge must be paid a principal allowance for the secondary residential accommodation in the amount of the actual and reasonable expenses incurred by him or her in relation to that accommodation.

    (3) The maximum yearly rate of the allowance payable on and after 1 October 2007 is $20,000.

7 Principal allowance of District Court Judge who is chief coroner
  • If a District Court Judge holds the office of chief coroner, he or she must be paid a principal allowance at the rate of $10,000 per annum, in addition to the salary and principal allowance set out in the Schedule.


Schedule
Salaries and principal allowances

cls 4, 5, 7

Judicial officerYearly rate of salary payable on and after 1 October 2007
($)
Yearly principal allowance for general expenses payable on and after 1 October 2007
($)
Chief Justice412,0007,900
Judge of the Supreme Court385,0006,500
President of the Court of Appeal385,0006,500
Judge of the Court of Appeal361,0005,600
Chief High Court Judge360,0005,600
Judge of the High Court345,0005,600
Associate Judge of the High Court260,0004,100
Chief District Court Judge345,0005,000
Principal Family Court Judge298,0005,000
Principal Youth Court Judge280,0005,000
Principal Environment Judge280,0005,000
District Court Judge260,0004,100
Chief Judge of the Employment Court327,0005,600
Judge of the Employment Court295,0004,700
Chief Judge of the Maori Land Court295,0005,000
Deputy Chief Judge of the Maori Land Court279,0004,700
Judge of the Maori Land Court 260,0004,100

Dated at Wellington this 11th  day of December 2007.

David Oughton, Chairman.

A Foulkes, Member.

M Wintringham, Member.


Explanatory memorandum

This memorandum is not part of the determination, but is intended to indicate its general effect.

This determination, which is deemed to have come into force on 1 October 2007 and expires on 30 September 2008, sets the salaries and allowances for Judges of the High Court and District Court benches (including the salaries and allowances of a District Court Judge who concurrently holds the judicial office of chief coroner), the Employment Court, and the Maori Land Court. There are a range of salary increases provided for in this determination. These need to be seen in the context of 4 major considerations that the Remuneration Authority took into account in formulating this determination.

High Court Judges

The salaries of the High Court Judges have been increased by 9.4%. Although there may be direct appointments to both the Supreme Court and the Court of Appeal from time to time, appointments from the High Court bench to those courts will be the norm. For this reason, the High Court must attract and retain people whose skills and reputation are on a par with the best of New Zealand's legal profession. This requirement is reinforced by the fact that, as the High Court is a court of general jurisdiction, Judges of the High Court must have the ability to apply their skills to a wide range of civil and criminal matters.

Remuneration in the top ranks of the legal profession, from which High Court Judges will continue to be drawn, continues to move ahead of judicial remuneration. The State will never, nor should it, match these private sector incomes. However, given the considerations referred to, and if the quality and reputation of the High Court is to be maintained in the future, the Authority must take them into account in setting current remuneration.

Relativities between Judges of the Supreme Court, Court of Appeal, and other High Court Judges

A salary increase of 9.4% for High Court Judges raised for the Authority the question whether the same movement should be applied to the salaries of Judges of the Supreme Court and Court of Appeal. In the Authority's view, for the reasons outlined above, it was more pressing to ensure that the salaries of High Court Judges did not fall even more rapidly behind top legal professional remuneration than to maintain percentage relativities between the salaries of Judges of the High Court, Court of Appeal, and Supreme Court. Therefore the salaries of Judges of the latter courts have been increased by just over 6%.

Relativities between Judges of the High Court and District Court

In the Judicial Salaries and Allowances Determination 2006, the Authority moved to close the gap between the salaries of District Court Judges and High Court Judges to 77.5%. The Authority took into account the recommendations of the 1978 Royal Commission on the Courts and the broadening jurisdiction of the District Court. These are still relevant considerations.

On the other hand, this year the Authority considered that recruitment concerns relating to the District Court, although important, were not as pressing as those for the High Court. Therefore the Authority decided to increase the salaries for District Court Judges by 6.1%, a significant improvement in itself and comparable to salary increases for Judges of the Court of Appeal and Supreme Court.

In the Authority's view, this provides a reasonable balance between recognising the particular recruitment challenges for the High Court, and maintaining a fair relativity between the salaries of Judges of the District Court and the High Court as a whole—that is, including the Supreme Court and the Court of Appeal.

Heads of Benches

It has become apparent to the Authority that, in some instances, the administrative responsibilities carried by Heads of Benches may not have been adequately recognised in their remuneration. In part, this financial recognition may have been considered constrained by the way in which judicial hierarchy—the status, jurisdiction, and seniority of various courts—has been reflected in salary differentials. For example, this has effectively set a ceiling on the remuneration of the Chief District Court Judge in particular. This determination makes the following initial steps to address this situation:

  • the salary of the President of the Court of Appeal is now the same as the salary of a Judge of the Supreme Court:

  • the salary of the Chief High Court Judge has moved closer to that of Judges of the Court of Appeal:

  • the salary increase provided in this determination for Judges of the High Court has provided headroom for addressing the remuneration of the Chief District Court Judge without breaching the “judicial hierarchy”. The salary of the Chief District Court Judge has been set at the same rate as that of a High Court Judge (although the superannuation subsidy remains as for a District Court Judge):

  • the salary of the Principal Family Court Judge has been increased by 7.6%, slightly higher than the adjustments in the salaries of the heads of the Youth Court, Environment Court, and Maori Land Court (6.5% in each case):

  • the current chief coroner is a District Court Judge, and will receive the salary and principal allowance set out in this determination for District Court Judges. To recognise the administrative responsibilities of his Head of Bench role as chief coroner, the determination provides for the payment of an additional annual allowance of $10,000.

The Authority intends, before issuing its 2008 determination, to review more comprehensively the respective administrative responsibilities of all Heads of Benches, and the way these might be recognised in remuneration.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 December 2007.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Judicial Salaries and Allowances Determination 2007. The reprint incorporates all the amendments to the Judicial Salaries and Allowances Determination 2007 as at 30 September 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Judicial Salaries and Allowances Determination 2007: clause 3