Judicial Salaries and Allowances Determination 2010

  • revoked
  • Judicial Salaries and Allowances Determination 2010: revoked (with effect on 1 October 2011), on 23 December 2011 (after expiring on 30 September 2011), by clause 8 of the Judicial Salaries and Allowances Determination 2011 (SR 2011/433).

Reprint
as at 23 December 2011

Coat of Arms of New Zealand

Judicial Salaries and Allowances Determination 2010

(SR 2010/486)

  • Judicial Salaries and Allowances Determination 2010: revoked (with effect on 1 October 2011), on 23 December 2011 (after expiring on 30 September 2011), by clause 8 of the Judicial Salaries and Allowances Determination 2011 (SR 2011/433).


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 sections 12B(1) and 19 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 District Court Judge, the Principal Family Court Judge, the Principal Youth Court Judge, the Principal Environment Judge, and the other District Court Judges, to section 6(1)(a) and (b) of the District Courts Act 1947:

  • (c) 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:

  • (d) 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:

  • (e) in relation to the Associate Judges of the High Court, to section 26F(1)(a) and (b) of the Judicature Act 1908:

  • (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 2010.

2 Commencement
  • This determination is deemed to have come into force on 1 October 2010.

3 Expiry
  • This determination expires on 30 September 2011.

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 principal allowance payable on and after 1 October 2010 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.

8 Revocation

Schedule
Salaries and principal allowances

cls 4, 5

Judicial officer Yearly rate of salary payable on and after 1 October 2010
($)
 Yearly principal allowance for general expenses payable on and after 1 October 2010
($)
Chief Justice 453,500 7,900
Judge of the Supreme Court 425,000 6,500
President of the Court of Appeal 425,000 6,500
Judge of the Court of Appeal 399,000 5,600
Chief High Court Judge 398,000 5,600
Judge of the High Court 380,000 5,600
Associate Judge of the High Court 288,500 4,100
Chief District Court Judge 380,000 5,000
Principal Family Court Judge 328,500 5,000
Principal Youth Court Judge 309,500 5,000
Principal Environment Judge 309,500 5,000
District Court Judge 288,500 4,100
Chief Judge of the Employment Court 359,000 5,600
Judge of the Employment Court 324,500 4,700
Chief Judge of the Maori Land Court 328,500 5,000
Deputy Chief Judge of the Maori Land Court 309,500 4,700
Judge of the Maori Land Court 288,500 4,100

Dated at Wellington this 20th day of December 2010.

[Seal]

John Errington,
Chairman.

A Foulkes,
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 2010 and expires on 30 September 2011, sets the salaries and principal allowances for the Judges of the Supreme Court, the Court of Appeal, the High Court and District Court benches (including the salary and allowance of a District Court Judge who currently holds the judicial office of chief coroner), the Employment Court, and the Maori Land Court.

In applying the statutory criteria for making the determination, the Authority took account of, among other things, the following matters:

  • there are no immediate pressing recruitment or retention issues with any of the benches. However, addressing such problems after the event can be difficult and may be ineffective, and the Authority recognises the need to minimise, where possible, the risk of their developing over time. Recruitment and retention issues are similar across all benches and so the widened differential between the High Court and the District Court introduced 3 years ago, which recognised the more pressing recruitment concerns for the High Court, has been reduced somewhat:

  • remuneration levels in many areas of the legal profession have increased since the economic downturn. This has particularly impacted the areas of the legal profession that are the catchment for appointees to the High Court and requires some adjustment to the remuneration of the High Court bench to avoid widening the remuneration gap:

  • the Authority is required to take into account new section 18A of the Remuneration Authority Act 1977, inserted by the Remuneration Authority Amendment Act 2009. This requires the Authority to take account of prevailing adverse economic conditions and allows the Authority to make a determination at a lower rate than it might have done had it not taken those conditions into account. This consideration has restrained what otherwise would have been larger increases in remuneration:

  • there is a long-standing and important constitutional convention that the remuneration of Judges should be free from, and be seen to be free from, any undue influence of the executive arm of government.

After weighing these factors, the Authority has made a modest increase in the salaries of the judicial officers, ranging from 3.7% for High Court Judges to 4.3% for District Court Judges.

Discussions with representatives of various benches have indicated the need for a more thorough assessment of the relativities of remuneration between benches, heads of benches, and principal Judges, as well as the need for an assessment of the relativities between areas of the legal profession and the judiciary. The Authority presently intends conducting or facilitating such a review prior to next year’s determinations.

No change has been made to the yearly principal allowance for general expenses. The Authority recognises the need to review the appropriateness and intended scope of this allowance and will be working with the judiciary on this in the coming year.


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

Date of notification in Gazette: 23 December 2010.


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 2010. The reprint incorporates all the amendments to the determination as at 23 December 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

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 New Zealand 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 2011 (SR 2011/433): clause 8