Judicial Salaries and Allowances Determination 2008

  • expired
  • Judicial Salaries and Allowances Determination 2008: expired, on 30 September 2009, by clause 3.

Reprint
as at 30 September 2009

Crest

Judicial Salaries and Allowances Determination 2008

(SR 2008/452)

  • Judicial Salaries and Allowances Determination 2008: expired, on 30 September 2009, 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 to 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 the 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 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 2008.

2 Commencement
  • This determination is deemed to have come into force on 1 October 2008.

3 Expiry
  • This determination expires on 30 September 2009.

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 of 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 place of 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, as a principal allowance for the secondary residential accommodation, 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 2008 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 allowances set out in the Schedule.


Schedule
Salaries and principal allowances

cls 4, 5, 7

    Yearly rate of salary payable on and after 1 October 2008   Yearly principal allowance for general expenses payable on and after 1 October 2008
Judicial officer   ($)   ($)
Chief Justice   432,000   7,900
Judge of the Supreme Court   405,000   6,500
President of the Court of Appeal   405,000   6,500
Judge of the Court of Appeal   380,000   5,600
Chief High Court Judge   379,000   5,600
Judge of the High Court   362,000   5,600
Associate Judge of the High Court   273,000   4,100
Chief District Court Judge   362,000   5,000
Principal Family Court Judge   312,000   5,000
Principal Youth Court Judge   295,000   5,000
Principal Environment Judge   295,000   5,000
District Court Judge   273,000   4,100
Chief Judge of the Employment Court   342,000   5,600
Judge of the Employment Court   309,000   4,700
Chief Judge of the Maori Land Court   312,000   5,000
Deputy Chief Judge of the Maori Land Court   295,000   4,700
Judge of the Maori Land Court   273,000   4,100

Dated at Wellington this 16th day of December 2008.

David Oughton,
Chairman.

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 2008, and expires on 30 September 2009, 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.

The Remuneration Authority (the Authority) received detailed written submissions, including confidential data and movements in remuneration levels for members of the legal profession. Meetings were also held with representatives of the various court benches.

The Authority was provided with information on the current leave provisions in the High Court and the District Court. These are a significant part of the value of any remuneration package.

In its 2007 determination, the Authority indicated it would review more comprehensively the respective administrative responsibilities of all Heads of Benches. The completed review showed a need to make some adjustments additional to those made in 2007. These small adjustments to margins have been incorporated in this determination.

Having regard to all the information available to it, the Authority decided that an increase of 4.8% should be applied to salaries with effect from 1 October 2008 with small adjustments to some Head of Bench positions.


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

Date of notification in Gazette: 18 December 2008.


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 2008. The reprint incorporates all the amendments to the determination as at 30 September 2009, 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/editorial-conventions/ 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 2008 (SR 2008/452): clause 3