Judicial Officers Salaries and Allowances (2019/20) Amendment Determination (No 2) 2020

Determination

1 Title

This determination is the Judicial Officers Salaries and Allowances (2019/20) Amendment Determination (No 2) 2020.

2 Commencement

This determination is deemed to have come into force on 1 January 2020.

3 Expiry

This determination expires on 30 September 2020.

4 Principal determination

This determination amends the Judicial Officers Salaries and Allowances (2019/20) Determination 2019 (the principal determination).

5 Enacting statement amended

(1)

In the enacting statement, after paragraph (a), insert:

(aa)

in relation to the appointed Judges of the Court Martial Appeal Court, to section 3(3B) of the Court Martial Appeals Act 1953:

(2)

In the enacting statement, after paragraph (b), insert:

(ba)

in relation to the Chief Judge and other Judges of the Court Martial, to section 20 of the Court Martial Act 2007:

6 Clause 2 amended (Commencement)

In clause 2(2), replace “7B and Part 2” with “7E and Parts 2 and 3”.

7 Clause 5 amended (Principal allowance for general expenses of judicial officers included in salary)

In clause 5, replace “the Schedule” with “Part 1 of the Schedule”.

8 New clauses 7C to 7E inserted

After clause 7B, insert:

7C Definitions for purposes of clause 7D

In clause 7D, unless the context otherwise requires,—

appointed Judge of the Court Martial Appeal Court means a Judge of the Court Martial Appeal Court appointed under section 3(1)(b) of the Court Martial Appeals Act 1953

Judge of the Court Martial includes a Deputy Chief Judge but does not include the Chief Judge of that court

year means a period of 12 months ending on 31 December.

7D Salaries and allowances of appointed Judge of Court Martial Appeal Court and Judge of Court Martial

(1)

The salaries and allowances payable to an appointed Judge of the Court Martial Appeal Court and a Judge of the Court Martial are set out in Part 3 of the Schedule.

(2)

An appointed Judge of the Court Martial Appeal Court or a Judge of the Court Martial is presumed to act on a part-time basis unless the Judge performs the functions of the Judge’s office for 226 or more full working days in a calendar year.

(3)

For the purpose of calculating the salary payable for a period during which an appointed Judge of the Court Martial Appeal Court or a Judge of the Court Martial acts on a part-time basis, the daily rate is the yearly rate of salary applicable to that Judge divided by 226 pro-rated in proportion to the amount of the day worked.

(4)

This clause does not apply to a District Court Judge who is also appointed a Judge of the Court Martial.

7E Salary and allowance of Chief Judge of Court Martial

(1)

The Chief Judge of the Court Martial must be paid $168,100 (which is four-and-a-half-tenths of the yearly salary rate set out in Part 3 of the Schedule).

(2)

The allowance payable to the Chief Judge is set out in Part 3 of the Schedule.

(3)

If the Chief Judge performs the functions of that office for more than 101.7 days (being four-and-a-half-tenths of 226 full working days in a calendar year), then, in addition to the salary payable under subclause (1), salary is payable to the Chief Judge at a daily rate of $1,650 (which is the yearly rate set out in Part 3 of the Schedule divided by 226) pro-rated in proportion to the amount of the day worked.

(4)

The maximum amount of salary payable under subclauses (1) and (3) is the yearly rate set out in Part 3 of the Schedule.

(5)

A District Court Judge who holds the office of Chief Judge of the Court Martial must be paid the higher of the following:

(a)

the salary payable to the Chief Judge under this clause:

(b)

the salary payable to a District Court Judge provided for in this determination.

9 Schedule amended

(1)

In the Schedule heading, replace “cls 4, 5, 7A” with “cls 4, 5, 7A, 7D, 7E”.

(2)

In the Schedule, after Part 2, insert:

Part 3 Salaries and allowances payable on and after 1 January 2020

Judicial officerYearly rate of salary payable on and after 1 January 2020 ($)Hourly rate of allowance payable on and after 1 January 2020 ($)
Appointed Judge of the Court Martial Appeal Court462,00075
Chief Judge of the Court Martial373,600
Deputy Chief Judge of the Court Martial347,700
Judge of the Court Martial347,700
Deputy Chief Judge acting under section 13(3) of the Court Martial Act 200745
Deputy Chief Judge or Judge when acting on a part-time basis75

Dated at Wellington this 9th day of June 2020.

Fran Wilde,
Chairperson.

Geoff Summers,
Member.

Len Cook,
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 January 2020 and expires on 30 September 2020, amends the Judicial Officers Salaries and Allowances (2019/20) Determination 2019 (the principal determination).

It amends the principal determination to include the salaries and allowances of the appointed Judges of the Court Martial Appeal Court and the Chief Judge and Judges of the Court Martial. Previously, their salaries and allowances were included in an annual determination known as the Judicial Salaries, Allowances, and Superannuation (Court Martial Appeal Court and Court Martial) Determination.

The amendments made by this determination mean that the salaries and allowances of all judicial officers whose remuneration is determined by the Remuneration Authority (the Authority) are now contained within the principal determination.

The increases in remuneration made by this determination reflect the movement in the remuneration of the Judges of the High Court and the specialist courts who are covered by the principal determination, which took effect on 1 October 2019.

The appointed Judges of the Court Martial Appeal Court, when fulfilling their statutory roles, continue to incur expenses in the running of their private practices. The Authority has accordingly specified an allowance to be paid as a contribution towards the costs incurred by the appointed Judges in maintaining their practices while carrying out their statutory functions. That allowance is reviewed annually and there is no need to increase it at this time.

The making of this determination was delayed beyond the expiry of the previous determination in order to allow the Authority to complete a number of administrative matters related to this determination.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 June 2020.