Justices of the Peace Act 1957

5 Removal or suspension of Justice from office

(1)

The Governor-General may, on the recommendation of the Minister, by notice in the Gazette, remove a Justice from office, or suspend a Justice from office for a period, stated in the notice, of not more than 65 working days—

(a)

for misconduct; or

(b)

if the Justice—

(i)

is unable to perform his or her functions as a Justice; or

(ii)

has neglected or refused to perform his or her functions as a Justice; or

(iii)

has, while a Justice, been convicted of an offence punishable by imprisonment; or

(iv)

has, while a Justice, been adjudged bankrupt; or

(v)

has failed or refused to comply with a requirement under section 5D(1); or

(c)

in the case of a removal, if the Justice has purported to exercise or perform a power or function of a Justice, knowing that he or she was suspended from office.

(2)

Subsection (1) does not apply to a person who is a Justice by virtue of being a District Court Judge or a Judge of the Maori Land Court.

Section 5: replaced, on 15 April 2007, by section 5 of the Justices of the Peace Amendment Act 2007 (2007 No 14).