Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Version as at 5 April 2023

Coat of Arms of New Zealand

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Public Act
 
2004 No 38
Date of assent
 
19 May 2004
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
Preliminary provisions
3Overview of process
4Purpose
5Interpretation
6This Act binds the Crown
Judicial Conduct Commissioner and Deputy Judicial Conduct Commissioner
7Judicial Conduct Commissioner
8Functions and powers of Commissioner
8ADeputy Judicial Conduct Commissioner
8BFunction and powers of Deputy Commissioner
9Duty to act independently
10Other provisions relating to Commissioner and Deputy Commissioner
Complaints about Judges
11Which complaints must be dealt with
12Who may complain
13How to complain
14Commissioner must acknowledge complaint and deal with it promptly
15Commissioner must conduct preliminary examination
15ACommissioner’s power in certain circumstances to take no further action in respect of complaints
16Commissioner must dismiss complaints that fail to meet required threshold
17Commissioner’s power to refer complaints to Head of Bench
18Commissioner’s power to recommend that Attorney-General appoint Judicial Conduct Panel
19Commissioner’s duty of confidentiality
20Commissioner must make files available to Attorney-General and special counsel
Judicial Conduct Panel
21Appointment of Judicial Conduct Panel
22Membership of Panel
23Panel must be dissolved if member unable to continue
24Functions of Panel
25Other provisions relating to administration and meetings of Panels
26Power of Panel to conduct hearings and inquiries
27Representation at hearing
28Special counsel
29Hearing to be in public
30Restrictions on publication
31Appeal to Court of Appeal
32Report by Panel
33Attorney-General has discretion to initiate removal of Judge on receipt of report
34Attorney-General’s power to take steps independently of this Act if Judge convicted of serious offence
35Official Information Act 1982 amended
Savings provision
36Amendments do not apply to certain complaints
Schedule 1
Overview of process for Judicial Conduct Commissioner and Judicial Conduct Panel
Schedule 2
Provisions relating to Judicial Conduct Commissioner and members of Judicial Conduct Panel
Notes