Remuneration Authority Act 1977

12B Functions of Authority in relation to judicial salaries and superannuation

(1)

The Authority shall have the function of considering and determining the salaries and principal allowances of—

(a)

the Chief Justice, the other Judges of the Supreme Court, the President of the Court of Appeal, the other Judges of the Court of Appeal, the Chief High Court Judge, and the other Judges of the High Court; and

(aa)

the appointed Judges of the Court Martial Appeal Court; and

(b)

the Chief District Court Judge, the Principal Family Court Judge, the Principal Youth Court Judge, the Chief Environment Court Judge, and the other District Court Judges; and

(ba)

the Chief Judge of the Court Martial and the other Judges of the Court Martial; and

(c)

the Chief Judge of the Employment Court and the other Judges of the Employment Court; and

(d)

the Chief Judge and the Deputy Chief Judge of the Maori Land Court and the other Judges of the Maori Land Court; and

(e)

the Associate Judges of the High Court; and

(f)

the chief coroner, the deputy chief coroner, and the other coroners (other than a person who (under section 22(a) of the District Court Act 2016) is a coroner by virtue of holding office as a District Court Judge).

(2)

The Authority shall have the function of considering and making determinations with respect to—

(a)

the superannuation rights and obligations of the judicial officers specified in subsection (1) who are contributors under Part 4 or Part 5 or Part 5A of the Government Superannuation Fund Act 1956, being rights fixed at the commencement of this Act by any of those Parts and other provisions of that Act; and

(b)

the superannuation rights and obligations of those judicial officers specified in subsection (1) who are not contributors under Part 4 or Part 5 or Part 5A of the Government Superannuation Fund Act 1956.

(3)

The Authority shall, in making a determination under subsection (2)(b), determine—

(a)

the maximum amount that in any year may be paid by way of superannuation subsidy in respect of any judicial officer who chooses to contribute to any retirement scheme; and

(b)

the contribution that the judicial officer must make to that retirement scheme in order to be entitled to any of the subsidy referred to in paragraph (a), expressed as a ratio of the subsidy to the officer’s contribution.

(4)

Any maximum amount determined under subsection (3)(a) may be expressed as either a specified monetary amount or a percentage of salary, either of which may vary according to any category of judicial officer.

(5)

Nothing shall prevent the holder of any one particular judicial office from being treated as a category of judicial officer for the purposes of subsection (4) if the Authority considers it to be appropriate.

(6)

Any reference in this section to judicial officer includes any person appointed to the office of Solicitor-General.

(7)

For the avoidance of doubt, it is hereby declared that the Crown’s liability to any retirement scheme to which a judicial officer referred to in subsection (2)(b) chooses to contribute shall be limited to payment of such subsidy as may be determined pursuant to subsection (3).

(8)

[Repealed]

(9)

A determination to which subsection (1) or (2) applies is a legislative instrument for the purposes of the Legislation Act 2012, but is not required to be presented to the House of Representatives under section 41 of that Act and is not a disallowable instrument for the purposes of that Act.

Section 12B: replaced, on 1 July 1992, by section 3(1) of the Higher Salaries Commission Amendment Act 1992 (1992 No 66).

Section 12B heading: amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12B(1): amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12B(1)(a): replaced, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 12B(1)(aa): inserted, on 1 July 2009, by section 35 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Section 12B(1)(b): amended, on 1 July 2020, by section 109 of the Resource Management Amendment Act 2020 (2020 No 30).

Section 12B(1)(ba): inserted, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

Section 12B(1)(e): replaced, on 1 July 2007, by section 146 of the Coroners Act 2006 (2006 No 38).

Section 12B(1)(f): amended, on 8 September 2018, by section 29(2) of the Statutes Amendment Act 2018 (2018 No 27).

Section 12B(1)(f): inserted, on 1 July 2007, by section 146 of the Coroners Act 2006 (2006 No 38).

Section 12B(1)(f): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 12B(2): amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12B(2)(b): replaced, on 1 October 1995, by section 32(2) of the Government Superannuation Fund Amendment Act 1995 (1995 No 28).

Section 12B(3): amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12B(3)(a): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 12B(3)(b): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 12B(5): amended, on 1 April 2003, by section 3(2) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 12B(7): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 12B(8): repealed, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 12B(9): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).