Criminal Records (Clean Slate) Act 2004

1: Title
This Act is the Criminal Records (Clean Slate) Act 2004.
1: Preliminary provisions
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 29 November 2004 Criminal Records (Clean Slate) Act Commencement Order 2004 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Overview
1: This Act establishes a clean slate scheme to limit the effect of an individual's convictions in most circumstances (subject to certain exceptions set out in section 19
2: If an individual satisfies the relevant eligibility criteria,—
a: he or she is deemed to have no criminal record for the purposes of any question asked of him or her about his or her criminal record; and
b: he or she has the right to have his or her criminal record concealed by government departments and law enforcement agencies that hold or have access to his or her criminal record.
3: A general overview of eligibility under the clean slate scheme is set out in diagrammatic form as follows:
4: Interpretation
In this Act, unless the context otherwise requires,— clean slate scheme Part 2
a: is deemed to have no criminal record for the purposes of any question asked of him or her about his or her criminal record; and
b: has the right to have his or her criminal record concealed by government departments and law enforcement agencies that hold or have access to his or her criminal record community-based sentence
a: a community-based sentence as defined in section 4(1)
b: a community-based sentence as defined in section 2(1)
c: a sentence of a similar kind to those referred to in paragraphs (a) and (b) (including, without limitation, a sentence of community care, a sentence of probation, or a sentence of residential periodic detention) imposed under an earlier corresponding enactment conceal controlling public office section 4 conviction
a: means a conviction entered by a court in New Zealand for an offence, including a conviction for a traffic offence; and
b: does not include a conviction entered by the Court Martial of New Zealand or a disciplinary officer under the Armed Forces Discipline Act 1971 criminal record
a: in relation to a question asked of an individual, means
i: charges laid against him or her that have resulted in conviction; and
ii: convictions entered against him or her; and
iii: sentences imposed on him or her; and
iv: orders imposed on him or her as a result of a conviction; and
b: in relation to a request for disclosure or an obligation to conceal,—
i: means public record electronic public record
A: charges that result in conviction; and
B: convictions entered (including, without limitation, any item on a list of previous convictions); and
C: sentences imposed (including, without limitation, any item on a list of previous sentences); and
D: orders imposed on an offender as a result of a conviction; but
ii: does not include details in a marriage certificate or civil union certificate of a conviction for bigamy registered under section 66 section 144(1)(g) custodial sentence Sentencing Act 2002
a: a sentence of corrective training; and
b: a sentence of preventive detention; and
c: a sentence of imprisonment served by way of home detention; and
d: a sentence of borstal training; and
e: a sentence of detention centre training; and
f: any other sentence that requires the full-time detention of an individual eligible individual section 7(1) section 9 section 10 section 12 individual law enforcement agency
a: an agency that holds or has access to information described in Schedule 4
b: the Department of Labour, the Inland Revenue Department, and the New Zealand Customs Service non-custodial sentence a sentence of home detention, prison officer section 3(1) probation officer section 4(1) public record section 4 registrar the District Court the District Court rehabilitation period security officer section 3(1) sentence specified offence
a: an offence committed (whether before or after the commencement of the Crimes Amendment Act 2005 Crimes Act 1961
i: section 130
ii: section 131B(1)
iii: section 144C
iv: section 204A
v: section 204B
b: an offence committed after the commencement of the Crimes Amendment Act 2005 Crimes Act 1961
i: section 131
ii: section 132
iii: section 134
iv: section 138
v: section 144A
c: an offence committed before the commencement of the Crimes Amendment Act 2005 Crimes Act 1961
i: section 131
ii: section 132
iii: section 133
iv: section 134
v: section 138
vi: section 139
vii: section 140
viii: section 140A
ix: section 142
x: section 144A
d: an offence against any of the following provisions of the Crimes Act 1908:
i: section 153 (unnatural offence):
ii: section 154 (attempt to commit unnatural offence):
iii: section 155 (incest):
iv: section 208 (indecent assault):
v: section 211 (rape):
vi: section 213 (attempt to commit rape):
vii: section 214 (defiling children under 12):
viii: section 215 (attempting to defile a child under 12):
ix: section 216 (defiling girls between 12 and 16):
x: section 217 (defiling idiot or imbecile woman or girl):
xi: section 218 (procuring defilement of girls):
e: an attempt to commit an offence against a provision listed in any of paragraphs (a) to (d), if—
i: the offence is not itself specified as an attempt; and
ii: the provision does not provide that the offence may be completed on an attempt:
f: a conspiracy to commit an offence against a provision listed in any of paragraphs (a) to (d):
g: being an accessory after the fact in relation to an offence against a provision listed in any of paragraphs (a) to (d) specified order
a: a direction made by a court in New Zealand, as a result of a conviction for an offence, that an offender be convicted and discharged under—
i: section 108
ii: section 20
iii: section 347
iv: section 42(3) of the Criminal Justice Act 1954
v: section 18(1)(b) of the Offenders Probation Act 1920; or
vi: a corresponding provision in any other enactment; or
b: an order made by a court in New Zealand, as a result of a conviction for an offence, that an offender appear for sentence if called on to do so under—
i: section 110
ii: section 21
iii: section 41 of the Criminal Justice Act 1954; or
iv: section 92(1)(b) of the Justices of the Peace Act 1927; or
v: a corresponding provision in any other enactment; or
c: an order made by a court in New Zealand under section 112 section 28A
d: an order made by a court in New Zealand under section 124 section 83
e: an order made by a court in New Zealand under section 128 section 84
f: an order made by a court in New Zealand under any other enactment as a result of a conviction for an offence and instead of imposing a sentence traffic offence
a: any offence against the Land Transport Act 1998 Transport Act 1962 Transport Act 1949 any secondary legislation
b: any offence against any secondary legislation use Section 4 controlling public office inserted 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 4 conviction substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 4 criminal record amended 3 December 2018 section 39(1) Family Violence (Amendments) Act 2018 Section 4 criminal record amended 3 December 2018 section 39(2) Family Violence (Amendments) Act 2018 Section 4 criminal record amended 3 December 2018 section 39(3) Family Violence (Amendments) Act 2018 Section 4 criminal record amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 4 criminal record replaced 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 4 law enforcement agency amended 1 December 2020 section 217 Privacy Act 2020 Section 4 non-custodial sentence amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 4 offence repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4 prison officer amended 1 June 2005 section 206 Corrections Act 2004 Section 4 public record inserted 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 4 registrar amended 1 March 2017 section 261 District Court Act 2016 Section 4 security officer amended 1 June 2005 section 206 Corrections Act 2004 Section 4 specified offence substituted 20 May 2005 section 10 Crimes Amendment Act 2005 Section 4 traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4 traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021
5: Act binds the Crown
This Act binds the Crown.
2: Clean slate scheme
6: Application of clean slate scheme
1: The clean slate scheme applies (except as provided in section 31(3) Children’s
2: The clean slate scheme applies—
a: to all sentences, whether imposed before or on or after the commencement of this Act; and
b: to all specified orders, whether made before or on or after the commencement of this Act. Section 6(1) amended 21 December 2018 section 10(1) Children's Amendment Act 2018 Section 6(1) amended 1 July 2015 section 44(2) Vulnerable Children Act 2014
7: Who is eligible under clean slate scheme
1: An individual is eligible under the clean slate scheme if—
a: he or she has completed a rehabilitation period since the date on which a sentence was last imposed, or a specified order was last made, as a result of a conviction for an offence, or he or she is an individual in relation to whom an order has been made under section 9 section 10(2)
b: no custodial sentence has ever been imposed on him or her; and
c: no order has ever been made in relation to him or her under section 34(1)(b) section 118
d: he or she has not been convicted of a specified offence; and
e: in the case of a court having imposed a sentence of a fine or reparation on the individual, the amount owing has been paid in full or has been deemed to have been remitted; and
f: in the case of a court having ordered the individual to pay costs or compensation under section 106 section 108 section 110
g: no order has ever been made about him or her under section 65 section 30A
2: An individual in relation to whom a disqualification order has been made under either of the sections referred to in subsection (1)(g) does not become eligible to have the clean slate scheme apply to him or her as a consequence of the Director removing, or having removed, the disqualification under section 100 section 30C Section 7(1)(g) replaced 1 July 2018 section 110(1) Land Transport Amendment Act 2017
8: Effect of further conviction on eligibility
1: If, at any time after becoming an eligible individual (either under section 7(1) section 9 section 10 section 12
2: An individual referred to in subsection (1) again becomes an eligible individual if he or she—
a: completes a rehabilitation period beginning on the day after the date on which he or she was sentenced for, or the specified order was made in relation to, that conviction or is an individual in relation to whom an order has been made under section 9 section 10(2)
b: is otherwise eligible under section 7(1)
9: Individual may apply to District Court for order that rehabilitation period need not be completed
1: An individual who is otherwise eligible under section 7(1) the District Court
a: the last sentence imposed on the individual was a non-custodial sentence as a result of a conviction for an offence; and
b: that offence has subsequently been abolished and the act that constituted the abolished offence no longer constitutes an offence; and
c: he or she is no longer subject to the non-custodial sentence.
2: If an application is made to the District Court section 7(1)(a) Section 9(1) amended 1 March 2017 section 261 District Court Act 2016 Section 9(2) amended 1 March 2017 section 261 District Court Act 2016
10: Individual may apply to District Court for order that rehabilitation period need not be completed or conviction be disregarded
1: An individual who is otherwise eligible under section 7(1) the District Court
a: the last sentence imposed on the individual was a custodial sentence as a result of a conviction for an offence; and
b: that offence has subsequently been abolished and the act that constituted the abolished offence no longer constitutes an offence; and
c: he or she is no longer subject to the custodial sentence.
2: The court may, if satisfied of the matters in subsection (1)(a) to (c), make an order—
a: that the individual need not complete a rehabilitation period for the purposes of section 7(1)(a)
b: that the custodial sentence for the offence must be disregarded for the purposes of section 7(1)(b)
3: An individual who is otherwise eligible under section 7(1) the District Court
4: The court may order that the conviction for the specified offence must be disregarded for the purposes of section 7(1)(d)
5: In considering an application under this section, a court must balance the interests of individuals in concealing their criminal records against the wider public interest in the safety of the community (recognising that an awareness of an individual's previous convictions is appropriate in certain cases).
6: Subject to any rules of court, a court may call for and receive as evidence any statement, document, information, matter, or thing that, in the court's opinion, may assist it to deal effectually with the application.
7: On an application under subsection (1) or subsection (3), the court must either make the relevant order under subsection (2) or subsection (4) or decline to do so.
8: The District Court Section 10(1) amended 1 March 2017 section 261 District Court Act 2016 Section 10(3) amended 1 March 2017 section 261 District Court Act 2016 Section 10(8) amended 1 March 2017 section 261 District Court Act 2016
11: Further application
1: Subject to any rules of court, an individual may make a further application under section 9 section 10
a: having previously made an application under either of those sections; or
b: having appealed under section 12
2: Despite subsection (1), the court may dismiss any further application that it thinks is frivolous, vexatious, or an abuse of the procedure of the court.
12: Right of appeal
1: An individual may appeal to the High Court against the decision of the District Court section 10
2: An individual may appeal to the Court of Appeal against the decision of the High Court if the High Court declines to make an order under section 10
3: An appeal under this section must be brought in accordance with the appropriate rules of court within 28 days of the decision, or within such further time as the High Court or the Court of Appeal (as the case may be) may allow on application made before or after the expiration of that period.
4: An appeal under this section is by way of rehearing.
5: On the hearing of an appeal under this section, a court may confirm, reverse, or modify the decision appealed against. Section 12(1) amended 1 March 2017 section 261 District Court Act 2016
13: Prohibition against publication of applicant's or appellant's name
1: If an application is made under section 9 section 10 section 12
a: the name of the applicant or appellant:
b: any particulars leading to the identification of the applicant or appellant.
2: The particulars referred to in subsection (1) may be published in a report or account if the court orders that they may be published.
3: In deciding whether to permit the particulars referred to in subsection (1) to be published in a report or account, the court must have regard to—
a: the interests of any individual (including, without limitation, the applicant or appellant); and
b: the public interest.
4: Every person commits an offence if the person contravenes subsection (1) and is liable on
a: in the case of an individual, to a term of imprisonment not exceeding 3 months or a fine not exceeding $1,000, or both; or
b: in the case of a body corporate, to a fine not exceeding $5,000. Section 13(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Effect of clean slate scheme on eligible individual
14: Effect of clean slate scheme on eligible individual
1: If an individual is an eligible individual, he or she is deemed to have no criminal record for the purposes of any question asked of him or her about his or her criminal record.
2: An eligible individual may answer a question asked of him or her about his or her criminal record by stating that he or she has no criminal record.
3: Nothing in subsection (1) or subsection (2)—
a: prevents an eligible individual stating that he or she has a criminal record, disclosing his or her criminal record, or consenting to the disclosure of his or her criminal record; or
b: authorises an individual to answer a question asked of him or her about his or her criminal record by stating that he or she has no criminal record if the question is asked—
i: under the jurisdiction of the law of a foreign country while an eligible individual is outside New Zealand; or
ii: while he or she is in New Zealand but relates to a matter dealt with by the law of a foreign country (for example, a question asked on an application form by the immigration or customs agency of a foreign country).
4: Subsections (1) and (2) are subject to the exceptions in section 19 Effect of clean slate scheme on controlling public offices Heading amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018
15: Responsibility of chief executives
1: Subsection (2) applies to the Secretary for Justice and every other chief executive of a controlling public office
2: A chief executive to whom this subsection applies must take all reasonable steps (including, without limitation, the development of policies and procedures) to ensure the office office
a: conceals the criminal records of eligible individuals when requests are made for their disclosure other than by the eligible individuals to whom the criminal records relate; and
b: does not use the criminal records of eligible individuals other than for a purpose authorised under this Act.
3: Subsection (2)(a) is subject to the exceptions in section 19 Section 15(1) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 15(2) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018
16: Effect of clean slate scheme on
controlling public offices,
1: A controlling public office controlling public office
2: A controlling public office controlling public office
3: Subsection (1) is subject to the exceptions in section 19 Section 16 heading amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 16(1) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 16(2) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Offences
17: Offence to unlawfully disclose information required to be concealed
1A: This section applies to a person who—
a: is an officer, employee, or contractor of a controlling public office, government department, or law enforcement agency; and
b: has access to criminal records that are held by, or accessible to, the office, department, or agency.
1: The person
2: A person who commits an offence against subsection (1) is liable on Section 17(1A) inserted 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 17(1) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 17(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
18: Offence to require or request that individual disregard scheme
1: A person commits an offence if, without lawful authority under this Act, the person requires or requests that an individual—
a: disregard the effect of the clean slate scheme when answering a question about his or her criminal record; or
b: disregard the effect of the clean slate scheme and disclose, or give consent to the disclosure of, his or her criminal record.
2: A person who commits an offence against subsection (1) is liable on Section 18(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Exceptions
19: Exceptions to general effect of clean slate scheme
1: An eligible individual must state that he or she has a criminal record if subsection (3) applies.
2: A controlling public office controlling public office
3: This subsection applies if—
a: the eligible individual's criminal record or information about the eligible individual's criminal record is necessary for any of the following purposes:
i: the exercise of the prevention, detection, investigation, or prosecution functions of a law enforcement agency or an overseas agency or body whose functions correspond to those of a law enforcement agency; or
ii: the administration of sentences or the management of remand inmates by a law enforcement agency; or
iii: the exercise of the protective security advice and assistance function of the New Zealand Security Intelligence Service under section 11
b: the eligible individual's criminal record or information about the eligible individual's criminal record is relevant to any criminal or civil proceedings before a court or tribunal (including sentencing) or proceedings before the New Zealand Parole Board; or
c: the eligible individual has made an application of any kind under the Arms Act 1983 Police employee
d: the eligible individual has made an application for employment—
i: in a position that involves the national security of New Zealand; or
ii: as a Judge, Justice of the Peace, or Community Magistrate; or
iii: as a Police employee
da: the Social Workers Registration Board is considering whether the eligible individual is a fit and proper person to be registered or to practise as a social worker under the Social Workers Registration Act 2003
e: the eligible individual has made an application to act in a role predominantly involving the care and protection of, but not predominantly involving the delivery of education to, a child or young person (for example, a foster parent or a caregiver of children or young persons); or
f: the eligible individual's criminal record or information about an eligible individual's criminal record is relevant to an investigation under section 17 Oranga Tamariki Act 1989 Part 2 the Family Court’s
g: the eligible individual's criminal record or information about an eligible individual's criminal record is relevant to the undertaking of research that requires access to criminal history information to be given to any employee or person contracted to a controlling public office controlling public office Section 19(2) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 19(3)(a)(iii) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 19(3)(c) amended 1 October 2008 section 130(1) Policing Act 2008 Section 19(3)(d)(iii) amended 1 October 2008 section 123(2) Policing Act 2008 Section 19(3)(da) inserted 28 February 2019 section 149(2) Social Workers Registration Legislation Act 2019 Section 19(3)(f) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 19(3)(f) amended 1 March 2017 section 261 District Court Act 2016 Section 19(3)(g) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Limits on use of criminal records
20: Limits on use of eligible individuals' criminal records
1: A person, body, or agency (including, without limitation, a controlling public office or section 19
2: Any controlling public office or controlling public office or section 19 section 19 Section 20(1) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 20(2) amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Relationship to other provisions
21: Relationship to other provisions
1: In this section, provision
a: of any enactment (including, without limitation, section 184 section 409
b: of a rule of law; or
c: contained in any contract, agreement, instrument, or document.
2: If a reference in a provision to—
a: an individual's criminal record or to an individual's character or fitness is applied to an eligible individual, it must be interpreted in a way that is consistent with the eligible individual's rights under the clean slate scheme; and
b: an ability to request the disclosure of information about an individual is applied to an eligible individual's criminal record, it must be interpreted in a way that is consistent with the eligible individual's right to have his or her criminal record concealed.
3: Nothing in this Act affects an eligible individual's right under any provision to request information about, or a copy of, his or her own criminal record. Section 21(1)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous
22: Rules
1: In addition to the powers conferred by the District Court Act 2016 section 155
a: make rules regulating the practice and procedure of the District Court
b: without limiting paragraph (a), make rules regulating the manner in which applications may be made to the District Court section 9 section 10
2: In addition to powers conferred by the Senior Courts Act 2016 section 155
a: make rules regulating the practice and procedure of the High Court and the Court of Appeal under this Act; and
b: without limiting paragraph (a), make rules regulating the manner in which appeals may be brought to the High Court and Court of Appeal under section 12(1) or (2)
3: In the absence of any rules under this section, or in any situation not covered by any of those rules, the rules in relation to civil proceedings for the time being in force under the District Court Act 2016 Senior Courts Act 2016
4: See section 148 section 228 Section 22(1) amended 1 March 2017 section 261 District Court Act 2016 Section 22(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 22(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 22(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 22(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 22(3) amended 1 March 2017 section 261 District Court Act 2016 Section 22(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 22(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
23: Application of Legal Services Act
2011 All proceedings under this Act are civil proceedings for the purposes of the Legal Services Act 2011 Section 23 heading amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Section 23 amended 10 April 2018 section 24(2) Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Transitional provision
24: Transitional provision relating to answers and responses to questions and requests asked or made before commencement
The clean slate scheme applies—
a: to an answer given on or after the commencement of this Act by an eligible individual to a question asked about his or her criminal record before the commencement of this Act; and
b: to a response given on or after the commencement of this Act to a request made before the commencement of this Act for the disclosure of an individual's criminal record or information about an individual's criminal record if, on the commencement of this Act, the individual to whom the request relates has become an eligible individual.


1: Title
1: This Act is the Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004.
2: In this Act, the Police Complaints Authority Act 1988 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to amend certain provisions of the Independent Police Conduct Section 3 amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
4: Interpretation
For the purposes of this Act, but not the principal Act,— Commission
a: means the Commission of Inquiry into Police Conduct, the terms of reference for which are set out in the Supplement to the Gazette
b: includes any person authorised by the members of the Commission to exercise any power under section 4C Commissions of Inquiry Act 1908 instruction communication section 17(1)(ab) 18(2) 19 member of the police restricted matter
a: any document, information, or communication produced by or, as the case requires, made by a member of the Authority, or
b: any communication by a person made to the Authority, or forwarded or notified to the Authority,—
i: in which that person made a complaint or raised a concern about the conduct of the police, or any member of the police; and
ii: in respect of which that person has not given consent to the Authority for it to be disclosed to the Commission. Section 4 instruction communication amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 4 restricted matter amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
5: Expiry
This Act expires at the close of the day that is 1 year after the date on which the Commission finally reports to the Governor-General. 2008-03-27 Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004 Commission reported to Governor-General on 26 March 2007.
2: Disclosure to Commission of Inquiry into Police Conduct
6: Authority and staff to maintain secrecy
Section 32 subsection (2)
2A: Subsection (1)
a: the Authority, a member of the Authority, section 4C of the Commissions of Inquiry Act 1908
b: any member of the police who was involved in investigating a complaint or other matter that was received by or notified to or otherwise came to the attention of the Authority from disclosing any matter (other than a restricted matter)—
i: in order to comply with any requirement, order, or direction of the Commission under section 4C of the Commissions of Inquiry Act 1908 section 4D of that Act
ii: in evidence before the Commission.
2B: Before the Authority discloses to the Commission any matter which the Authority could not disclose but for subsection (2A)
a: an acknowledgement that the Commission is aware of the confidentiality that persons who have informed the Authority of the matter were entitled to expect under this Act before it was amended by the insertion of subsection (2A)
b: an undertaking that, in exercising its power and discretions, the Commission will take all steps necessary or desirable to protect that confidentiality, so far as this may be achieved without materially prejudicing the Commission's ability to ascertain and report the truth, which steps may include—
i: restricting or prohibiting publication: or
ii: excluding persons from hearings.
2C: Steps or restrictions referred to in subsection (2B)(b) subsection (2A) Section 6 new subsection (2A)(a) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
7: Proceedings privileged
1: Section 33 subsection (2)
2A: Nothing in subsection (1)(b)
2: Section 33 subsection (3)
3A: Nothing in subsection (3)
a: any matter (other than a restricted matter) from being disclosed to the Commission; or
b: evidence about any matter (other than a restricted matter) being given in proceedings before the Commission.
8: Certain privileges and protections unaffected by this Act
Nothing in this Act affects—
a: the privileges granted under section 25(1)
b: the protections granted under section 25(3) (4)
c: the protections granted under section 33(1)(a)
d: subject to section 7(1) section 33(l)(b)


1: Title
This Act is the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions and different purposes.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 August 2005 section 2 Judicial Conduct Commissioner and Judicial Conduct Panel Act Commencement Order 2005 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Preliminary provisions
3: Overview of process
1: A diagrammatic overview of the process established by this Act is set out in Schedule 1
2: The diagram is intended as a guide only.
4: Purpose
The purpose of this Act is to enhance public confidence in, and to protect the impartiality and integrity of, the judicial system by—
a: providing a robust investigation process to enable informed decisions to be made about the removal of Judges from office:
b: establishing an office for the receipt and assessment of complaints about the conduct of Judges:
c: providing a fair process that recognises and protects the requirements of judicial independence and natural justice.
5: Interpretation
In this Act, unless the context otherwise requires,— associate coroner Coroners Act 2006 complaint complaint about a Judge
a: means a complaint under section 11
b: includes—
i: a referral made under section 12(2)
ii: a complaint initiated under section 12(3) coroner , deputy chief coroner, Coroners Act 2006 Deputy Commissioner section 8A District Court Judge
a: holds office as the chief coroner or acting chief coroner, or as a relief coroner, under the Coroners Act 2006 section 22(a)
b: is exercising the judicial authority conferred on a coroner by the Coroners Act 2006 Head of Bench
a: in relation to the Supreme Court, the Chief Justice:
b: in relation to the Court of Appeal, the President of the Court of Appeal:
c: in relation to the High Court, the Chief High Court Judge:
d: in relation to the Employment Court, the Chief Judge of the Employment Court:
eaa: in relation to the Court Martial, the Judge Advocate General:
e: in relation to the Court Martial Appeal Court, the Chief High Court Judge:
ea: in relation to the Summary Appeal Court of New Zealand, the Judge Advocate General:
f: in relation to the District Court
g: in relation to the Environment Court, the Chief Environment Court Judge
h: in relation to the Maori Land Court, the Chief Judge of the Maori Land Court:
i: in relation to a coroner or an associate coroner, the chief coroner:
j: in relation to a Family Court Associate, the Principal Family Court Judge Judge
a: means—
i: a Judge of the Supreme Court; or
ii: a Judge of the Court of Appeal; or
iii: a Judge or an Associate Judge of the High Court; or
iv: a Judge of the Employment Court; or
iva: a Judge of the Court Martial; or
v: a Judge of the Court Martial Appeal Court
vi: a District Court Judge; or
vii: a Judge of the Environment Court; or
viii: a Judge of the Maori Land Court; or
ix: a coroner or an associate coroner; or
x: a Family Court Associate; and
b: includes a person who holds office as an acting Judge, or an acting Associate Judge; but
c: does not include a retired Judge or a former Judge Judicial Conduct Commissioner Commissioner
a: means a Judicial Conduct Commissioner appointed under section 7
b: in sections 11 to 20 34 clauses 7 9 10 section 8A section 8B Judicial Conduct Panel Panel section 21(1) Section 5 associate coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 5 coroner inserted 1 July 2007 section 145 Coroners Act 2006 Section 5 coroner amended 21 July 2016 section 75 Coroners Amendment Act 2016 Section 5 Deputy Commissioner inserted 23 March 2010 section 4(1) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 5 District Court Judge inserted 1 July 2007 section 145 Coroners Act 2006 Section 5 District Court Judge amended 1 March 2017 section 261 District Court Act 2016 Section 5 Head of Bench inserted 1 July 2009 section 87 Court Martial Act 2007 Section 5 Head of Bench substituted 1 July 2009 section 35 Court Martial Appeals Amendment Act 2007 Section 5 Head of Bench inserted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 5 Head of Bench amended 1 March 2017 section 261 District Court Act 2016 Section 5 Head of Bench amended 1 July 2020 section 109 Resource Management Amendment Act 2020 Section 5 Head of Bench substituted 1 July 2007 section 145 Coroners Act 2006 Section 5 Head of Bench replaced 5 April 2023 section 36 Coroners Amendment Act 2023 Section 5 Head of Bench inserted 6 October 2023 section 71(1) Family Court (Family Court Associates) Legislation Act 2023 Section 5 Judge inserted 1 July 2009 section 87 Court Martial Act 2007 Section 5 Judge amended 1 July 2009 section 35 Court Martial Appeals Amendment Act 2007 Section 5 Judge substituted 1 July 2007 section 145 Coroners Act 2006 Section 5 Judge replaced 5 April 2023 section 36 Coroners Amendment Act 2023 Section 5 Judge inserted 6 October 2023 section 71(2) Family Court (Family Court Associates) Legislation Act 2023 Section 5 Judge replaced 1 March 2017 section 183(b) Senior Courts Act 2016 Section 5 Judicial Conduct Commissioner Commissioner substituted 23 March 2010 section 4(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
6: This Act binds the Crown
This Act binds the Crown. Judicial Conduct Commissioner and Deputy Judicial Conduct Commissioner Heading amended 23 March 2010 section 5 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
7: Judicial Conduct Commissioner
1: An office called the Judicial Conduct Commissioner is established.
2: The Commissioner is appointed by the Governor-General on the recommendation of the House of Representatives.
3: Before a recommendation may be made under subsection (2), the Attorney-General must consult the Chief Justice about the proposed appointment and must advise the House of Representatives that the Chief Justice has been consulted.
4: A person is not to be regarded as being employed in the service of the Crown for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956 1988 No 2 s 4 Section 7(4) amended 7 August 2020 section 135 Public Service Act 2020
8: Functions and powers
of Commissioner
1: The functions of the Commissioner are—
a: to receive complaints about Judges and to deal with the complaints in the manner required by this Act:
b: to conduct preliminary examinations of complaints:
c: in appropriate cases, to recommend that a Judicial Conduct Panel be appointed to inquire into any matter or matters concerning the conduct of a Judge.
1A: In carrying out his or her functions in relation to a complaint, the Commissioner may decide that he or she has a conflict of interest in relation to the complaint.
1B: The functions of the Commissioner—
a: must not be carried out by the Commissioner if they relate to a complaint in relation to which the Commissioner has decided that he or she has a conflict of interest; and
b: are not carried out by the Commissioner in relation to any complaints in the situations specified in section 8B(1)(b)(i) and (ii)
1C: The Commissioner must refer promptly to the Head of Bench a complaint—
a: referred to the Commissioner by the Deputy Commissioner under section 8B(4)
b: in relation to which the Commissioner has decided that he or she has a conflict of interest.
2: It is not a function of the Commissioner to challenge or call into question the legality or correctness of any instruction, direction, order, judgment, or other decision given or made by a Judge in relation to any legal proceedings.
3: The Commissioner has all the powers necessary for carrying out his or her functions. Judicial Officers Act 1986 s 14 (NSW) Section 8 heading amended 23 March 2010 section 6(1) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 8(1A) inserted 23 March 2010 section 6(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 8(1B) inserted 23 March 2010 section 6(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 8(1C) inserted 23 March 2010 section 6(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
8A: Deputy Judicial Conduct Commissioner
1: An office called the Deputy Judicial Conduct Commissioner is established.
2: The Deputy Commissioner is appointed by the Governor-General on the recommendation of the House of Representatives.
3: Before a recommendation may be made under subsection (2)
4: A person is not to be regarded as being employed in the service of the Crown for the purposes of the Public Service Act 2020 Section 8A inserted 23 March 2010 section 7 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 8A(4) amended 7 August 2020 section 135 Public Service Act 2020
8B: Function and powers of Deputy Commissioner
1: The function of the Deputy Commissioner is to carry out the functions of the Commissioner in relation to the following complaints (and no others):
a: complaints (other than those that the Deputy Commissioner has referred to the Commissioner under subsection (4)) in relation to which the Commissioner has decided that he or she has a conflict of interest; and
b: complaints of any kind in 1 or more of the following situations:
i: during the absence from office of the Commissioner:
ii: if the Commissioner is incapacitated in a way that affects the carrying out of his or her functions:
iii: during a vacancy in the office of Commissioner:
iv: if the Commissioner decides to refer a complaint to the Deputy Commissioner.
2: In carrying out his or her function in relation to a complaint, the Deputy Commissioner may decide that he or she has a conflict of interest in relation to the complaint.
3: After deciding that he or she has a conflict of interest in relation to a complaint, the Deputy Commissioner must—
a: not carry out his or her function in relation to the complaint; and
b: promptly refer the complaint to the Head of Bench (unless the Deputy Commissioner refers the complaint to the Commissioner as soon as practicable under subsection (4)).
4: The Deputy Commissioner may refer a complaint to the Commissioner as soon as practicable (instead of referring it promptly to the Head of Bench under subsection (3)(b)) if the Deputy Commissioner—
a: is carrying out the Commissioner's functions in relation to the complaint in 1 or more of the situations specified in subsection (1)(b)(i) to (iii); and
b: decides that he or she has, in relation to the complaint, a conflict of interest; but
c: believes on reasonable grounds, after consulting the complainant (if any), that the Commissioner is likely to be able to begin to deal with the complaint within a reasonable time.
5: The Deputy Commissioner has all the powers necessary for carrying out his or her function.
6: The fact that the Deputy Commissioner carries out a function or exercises a power is, in the absence of proof to the contrary, sufficient evidence of the Deputy Commissioner’s authority to do so. Section 8B inserted 23 March 2010 section 7 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 8B(1)(b)(iv) inserted 26 March 2015 section 4 Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015
9: Duty to act independently
1: The Commissioner must act independently in carrying out his or her functions.
2: The Deputy Commissioner must act independently in carrying out his or her function. Section 9(2) added 23 March 2010 section 8 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
10: Other provisions relating to Commissioner
and Deputy Commissioner Part 1 and the Deputy Commissioner Section 10 heading amended 23 March 2010 section 9(1) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 10 amended 23 March 2010 section 9(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Complaints about Judges
11: Which complaints must be dealt with
1: The Commissioner must receive and deal with every complaint made under this section about the conduct of a Judge regardless of whether the subject matter of the complaint arises in the exercise of the Judge's judicial duties or otherwise.
2: The Commissioner must receive and deal with a complaint even though the subject matter of the complaint constitutes or may constitute a criminal offence (whether or not dealt with, or being dealt with, by a court).
3: The Commissioner must deal with a complaint by—
a: taking the steps set out in section 14
b: conducting a preliminary examination under section 15
c: taking any other appropriate steps set out in sections 16 to 19
4: If different persons make separate complaints about the same matter, the Commissioner may deal with those complaints together under sections 14 to 19
5: This section is subject to section 34 Judicial Officers Act 1986 s 15 (NSW)
12: Who may complain
1: Any person may make a complaint under section 11
2: The Attorney-General may refer to the Commissioner any matter or matters concerning the conduct of a Judge.
3: The Commissioner may, on his or her own initiative, treat as a complaint any matter or matters concerning the conduct of a Judge.
4: The power conferred by subsection (3) includes (without limitation) the power to treat as a single complaint under sections 14 to 19 Judicial Officers Act 1986 ss 15, 16 (NSW)
13: How to complain
1: A complaint about a Judge must be made to the Commissioner and—
a: be in writing; and
b: identify the Judge who is the subject of the complaint; and
c: identify the complainant; and
d: state the subject matter of the complaint.
2: The Commissioner may require a complainant to complete a statutory declaration setting out the matters in subsection (1)(b) to (d).
3: The Commissioner must give reasonable assistance to any person who wishes to make a complaint to assist that person to meet the requirements of this section.
4: Subsections (1) to (3) do not apply to a complaint initiated by the Commissioner. Judicial Officers Act 1986 s 17 (NSW)
14: Commissioner must acknowledge complaint and deal with it promptly
1: Without delay after receiving a complaint, the Commissioner must—
a: send a written acknowledgement to the complainant (if any); and
b: send to the Judge who is the subject of the complaint a written notification of the complaint.
2: The Commissioner may send a copy of the complaint to the Judge.
3: The Judge is entitled to request and receive a copy of the complaint.
4: The Commissioner must deal with a complaint as soon as practicable after receiving it.
5: Subsections (1), (2), and (4) are subject to subsections (6) and (7).
6: If the Commissioner is satisfied, following consultation with the relevant Head of Bench, that notifying the Judge of the complaint under subsection (1) could prejudice any court proceedings, the Commissioner may defer that step.
7: If the Commissioner is satisfied, following consultation with the relevant Head of Bench, that the matter being or to be dealt with by the Commissioner is being dealt with by a court or that for any other reason the Commissioner should defer dealing with the complaint, the Commissioner may defer dealing with it.
15: Commissioner must conduct preliminary examination
1: The Commissioner must conduct a preliminary examination of each complaint and form an opinion as to whether—
a: there are any grounds for exercising his or her power under section 15A
b: there are any grounds for dismissing the complaint under section 16
c: the subject matter of the complaint, if substantiated, could warrant referral of the complaint to the Head of Bench under section 17
d: the subject matter of the complaint, if substantiated, could warrant consideration of the removal of the Judge from office by way of a recommendation under section 18
2: In the course of the preliminary examination, the Commissioner may seek the Judge's response to the complaint.
3: In conducting a preliminary examination, the Commissioner must act in accordance with the principles of natural justice.
4: For the purpose of a preliminary examination, the Commissioner may—
a: make any inquiries into the complaint that he or she thinks appropriate:
b: obtain any court documents (including, for example, the transcript of a hearing) that are relevant to an inquiry under paragraph (a):
c: consult the Head of Bench.
5: Having completed the preliminary examination and formed the opinion required by subsection (1), the Commissioner must take one of the following steps:
aa: exercise his or her power to take no further action in respect of the complaint ( section 15A
a: dismiss the complaint ( section 16
b: refer the complaint to the Head of Bench ( section 17
c: recommend that the Attorney-General appoint a Judicial Conduct Panel to inquire into any matter or matters concerning the conduct of a Judge ( section 18 Judicial Officers Act 1986 s 18 (NSW) Section 15(1)(a) substituted 23 March 2010 section 10(1) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 15(1)(b) substituted 23 March 2010 section 10(1) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 15(1)(c) added 23 March 2010 section 10(1) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 15(1)(d) added 23 March 2010 section 10(1) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 15(5)(aa) inserted 23 March 2010 section 10(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
15A: Commissioner’s power in certain circumstances to take no further action in respect of complaints
1: The Commissioner may take no further action in respect of a complaint if satisfied that further consideration of the complaint would, in all the circumstances, be unjustified.
2: Reasons why further consideration of a complaint would, in all the circumstances, be unjustified, may be or include all or any of the following that apply to the complaint:
a: that the complaint has been resolved to the complainant’s satisfaction following an explanation from the Judge who is the subject of the complaint:
b: that the complaint is genuine and made in good faith, but is based on a misunderstanding:
c: that the complaint is one in respect of which the Commissioner, having started the preliminary examination required by section 15
3: The fact that a complaint has been resolved to the complainant’s satisfaction because of an apology by the Judge who is the subject of the complaint is not, by itself, a reason why further consideration of a complaint would, in all the circumstances, be unjustified.
4: Subsection (2) subsection (1)
5: If the Commissioner exercises his or her power under this section to take no further action in respect of a complaint, he or she must give the complainant and the Judge who is the subject of the complaint written notification stating—
a: that the Commissioner has exercised that power; and
b: the grounds on which he or she is satisfied that further consideration of the complaint would, in all the circumstances, be unjustified. Section 15A inserted 23 March 2010 section 11 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
16: Commissioner must dismiss complaints that fail to meet required threshold
1: The Commissioner must dismiss the complaint if the Commissioner
a: the complaint is not within the Commissioner's jurisdiction; or
b: the complaint has no bearing on judicial functions or judicial duties; or
c: the requirements of sections 12 13
d: the complaint is frivolous, vexatious, or not in good faith; or
e: the subject matter of the complaint is trivial; or
f: the complaint is about a judicial decision, or other judicial function, that is or was subject to a right of appeal or right to apply for judicial review; or
g: the person who is the subject of the complaint is no longer a Judge; or
h: the subject matter of the complaint was considered before the commencement of this section by the Head of Bench or the Judicial Complaints Lay Observer; or
i: he or she has previously considered the subject matter of the complaint, and the complaint fails to raise any issue of significance that he or she has not previously considered.
1A: The Commissioner has previously considered the subject matter of the complaint for the purposes of subsection (1)(i) if he or she has exercised his or her power under section 15A
1B: Subsection (1A) does not limit subsection (1)(i).
2: If the Commissioner dismisses a complaint under this section, he or she must give the complainant and the Judge who is the subject of the complaint written notification stating—
a: that the complaint has been dismissed; and
b: the grounds on which that decision was made. Judicial Officers Act 1986 s 20 (NSW) Section 16(1) amended 26 March 2015 section 5(1) Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015 Section 16(1)(i) replaced 26 March 2015 section 5(2) Judicial Conduct Commissioner and Judicial Conduct Panel Amendment Act 2015 Section 16(1A) inserted 23 March 2010 section 12(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 16(1B) inserted 23 March 2010 section 12(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
17: Commissioner's power to refer complaints to Head of Bench
1: The Commissioner must refer a complaint to the Head of Bench unless the Commissioner—
a: exercises his or her power under section 15A
b: dismisses the complaint under section 16
c: recommends under section 18
2: If the Commissioner refers a complaint to the Head of Bench, the Commissioner must advise the complainant and the Judge who is the subject of the complaint of that action.
3: This section is subject to section 113(2) Judicial Officers Act 1986 s 21 (NSW) Section 17(1)(a) substituted 23 March 2010 section 13 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 17(1)(b) substituted 23 March 2010 section 13 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 17(1)(c) added 23 March 2010 section 13 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 17(3) added 1 July 2007 section 145 Coroners Act 2006
18: Commissioner's power to recommend that Attorney-General appoint Judicial Conduct Panel
1: The Commissioner may recommend to the Attorney-General that he or she appoint a Judicial Conduct Panel to inquire into any matter or matters concerning the alleged conduct of a Judge if the Commissioner is of the opinion that—
a: an inquiry into the alleged conduct is necessary or justified; and
b: if established, the conduct may warrant consideration of removal of the Judge.
2: The Commissioner must give reasons with his or her recommendation under subsection (1).
3: The Commissioner must give the complainant and the Judge who is the subject of the complaint written notification of any action taken under subsection (1). Judicial Officers Act 1986 s 22 (NSW)
19: Commissioner's duty of confidentiality
1: The Commissioner and every person employed in the office of the Commissioner—
a: must keep confidential all matters that come to their knowledge in the performance of their functions; and
b: must not communicate any of those matters to any person except for the purpose of carrying out their functions under or giving effect to this Act.
2: The Commissioner and every person employed in the office of the Commissioner—
a: are officers of a department for the purposes of sections 78 78A section 20A
b: are officials for the purposes of sections 105
3: Nothing in information privacy principle 6 section 22 section 7(1) 1988 No 2 s 32 Section 19(3) replaced 1 December 2020 section 217 Privacy Act 2020
20: Commissioner must make files available to Attorney-General and special counsel
1: If the Commissioner recommends that a Judicial Conduct Panel be appointed,—
a: the Attorney-General is entitled to request the relevant files kept by the Commissioner; and
b: the Commissioner must, on the Attorney-General's request, make the files available to the Attorney-General.
2: If a Judicial Conduct Panel is appointed,—
a: the special counsel appointed under section 28
b: the Commissioner must, on the request of either counsel, make the files available to that counsel. Judicial Conduct Panel
21: Appointment of Judicial Conduct Panel
1: The Attorney-General may, at any time, appoint a Judicial Conduct Panel to inquire into, and report on, any matter or matters concerning the conduct of a Judge that have been the subject of a recommendation by the Commissioner under section 18
2: Before appointing a Panel, the Attorney-General must consult the Chief Justice about the proposed membership of the Panel, but the Attorney-General need not consult the Chief Justice about whether a Panel should be appointed.
3: However, if any matter to be inquired into and reported on concerns the conduct of the Chief Justice, subsection (2) applies as if the references in that subsection to the Chief Justice were references to the next most senior available Judge of the Supreme Court. Judicial Officers Act 1986 s 22 (NSW)
22: Membership of Panel
1: A Judicial Conduct Panel consists of the following persons appointed by the Attorney-General:
a: 2 members, being—
i: Judges; or
ii: a Judge and a retired Judge; or
iii: a member who is a Judge or a retired Judge, and a member who is a barrister or solicitor who has held a practising certificate as such for not less than 7 years; and
b: a lay member (not being a Judge, a retired Judge, or a barrister or solicitor).
2: The Panel is chaired by—
a: the member who is a retired Judge; or
b: if there is no retired Judge on the Panel, the member who is the senior Judge (if there are 2 Judges on the Panel) or the member who is a Judge (if there is only 1 Judge on the Panel).
3: The appointment of a Judge as a member of a Panel or service by a Judge as a member of a Panel does not affect his or her tenure of judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including matters relating to superannuation), and, for all purposes, service by a Judge as a member of the Panel must be taken to be service as a Judge. Judicial Officers Act 1986 s 22 (NSW)
23: Panel must be dissolved if member unable to continue
If a member of a Judicial Conduct Panel is for any reason unable to continue as a member,—
a: the chairperson must dissolve the Panel and notify the Attorney-General of the dissolution; and
b: the Attorney-General must, under section 21(1)
24: Functions of Panel
1: A Judicial Conduct Panel must inquire into, and report on, the matter or matters of judicial conduct referred to it by the Attorney-General on the recommendation of the Commissioner.
2: The Panel must conduct a hearing into the matter or matters referred to it by the Attorney-General.
3: The Panel may also inquire into, and report on, any other matters concerning the conduct of the Judge that arise in the course of its dealing with the referral from the Attorney-General.
4: The Panel must give the Attorney-General a report in accordance with section 32 Judicial Officers Act 1986 ss 14, 31 (NSW)
25: Other provisions relating to administration and meetings of Panels
Part 2
26: Power of Panel to conduct hearings and inquiries
1: For the purpose of performing its functions and duties, a Judicial Conduct Panel has and may exercise the same powers as are conferred on Commissions of Inquiry by sections 4 4B to 8
2: Sections 4 4B to 9
3: The Panel must act in accordance with the principles of natural justice. Judicial Officers Act 1986 s 23 (NSW)
27: Representation at hearing
1: The Judge who is the subject of an inquiry by a Judicial Conduct Panel is entitled to appear and be heard at the hearing and to be represented by counsel.
2: The Judge's reasonable costs of representation in respect of the inquiry must be met by the office of the Commissioner.
3: The special counsel appointed under section 28
4: With the consent of the Panel, any other person may appear at the hearing and may be represented by counsel. Judicial Officers Act 1986 s 24 (NSW)
28: Special counsel
1: The Attorney-General must appoint and instruct a person to act as special counsel in an inquiry by a Judicial Conduct Panel.
2: At the hearing, the special counsel must present the allegations about the conduct of the Judge concerned, and may make submissions on questions of procedure or applicable law that are raised during the proceedings.
3: The special counsel must perform his or her duties impartially and in accordance with the public interest.
29: Hearing to be in public
1: Every hearing of a Judicial Conduct Panel must be held in public.
2: Despite subsection (1),—
a: if the Panel is of the opinion that it is proper to do so, having regard to the interest of any person (including, without limitation, the privacy of the complainant) and to the public interest, the Panel may order that a hearing or part of a hearing be held in private:
b: the Panel may, in any case, deliberate in private as to its recommendation or as to any question arising in the course of a hearing. Judicial Officers Act 1986 s 24 (NSW)
30: Restrictions on publication
1: If a Judicial Conduct Panel is of the opinion that it is proper to do so, having regard to the interest of any person (including, without limitation, the privacy of the complainant) and to the public interest, the Panel may make any 1 or more of the following orders:
a: an order prohibiting the publication of any report or account of any part of the proceedings before the Panel, whether held in public or in private:
b: an order prohibiting the publication of the whole or any part of any books, papers, or documents produced at any hearing:
c: an order prohibiting the publication of the name or any particulars of the affairs of the Judge concerned or any other person.
2: An order made under subsection (1) continues in force—
a: until the time specified in the order; or
b: if no time is specified in the order, until revoked under subsection (3) or section 31
3: Any person may, at any time, apply to a Panel for an order revoking, in whole or in part, an order made by it under subsection (1), and the Panel may grant or refuse the application as the Panel thinks fit.
4: If a person is unable to apply to the Panel for an order under subsection (3) because the Panel has ceased to function, the person may apply to the Court of Appeal for an order revoking, in whole or in part, an order made by the Panel under subsection (1).
5: A person commits an offence if he or she acts in contravention of any order made under this section by a Panel.
6: A person who commits an offence against subsection (5) is liable on
a: in the case of an individual, to a fine not exceeding $3,000:
b: in the case of a body corporate, to a fine not exceeding $10,000. 1993 No 82 s 107 Section 30(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
31: Appeal to Court of Appeal
1: Any person may appeal to the Court of Appeal against—
a: any order made under section 29(2)(a)
b: the refusal of a Panel to make any order under section 29(2)(a)
c: any order made under section 30(1) or (3)
d: the refusal of a Panel to make any order under section 30(1) or (3)
2: An application made under section 30(4) section 30(1)
a: made as if it were an appeal against an order made under section 30(1)
b: treated as an appeal under subsection (1).
3: The appeal must be—
a: by way of rehearing; and
b: made within the time, in the form, and in the manner prescribed by rules of court made under section 148
4: For the purposes of the appeal, the Court of Appeal has all the powers of a Panel and may make any orders it thinks fit.
5: However, the court must not make an order revoking, in whole or in part, an order made under section 30(1) section 30(3) Section 31(3)(b) amended 1 March 2017 section 183(b) Senior Courts Act 2016
32: Report by Panel
1: A Judicial Conduct Panel must provide a report to the Attorney-General at the conclusion of its inquiry.
2: The report must set out—
a: the Panel's findings of fact; and
b: the Panel's opinion as to whether consideration of removal of the Judge is justified; and
c: the reasons for the Panel's conclusion. Judicial Officers Act 1986 s 29 (NSW)
33: Attorney-General has discretion to initiate removal of Judge on receipt of report
1: If a Judicial Conduct Panel concludes that consideration of the removal of a Judge is justified, the Attorney-General must determine, at his or her absolute discretion, whether to take steps to initiate the removal of that Judge from office.
2: A Judge must not be removed from office unless a Judicial Conduct Panel has reported to the Attorney-General that it is of the opinion that consideration of the removal of the Judge is justified.
3: Subsection (2) is subject to section 34
34: Attorney-General's power to take steps independently of this Act if Judge convicted of serious offence
1: This section applies if a Judge is convicted of a criminal offence punishable by imprisonment for 2 or more years.
2: If this section applies,—
a: the Attorney-General may, but is not required to, refer the matter to the Commissioner under section 12(2)
b: the Attorney-General may take steps independently of this Act to initiate the removal of the Judge from office.
3: If this section applies and the Attorney-General takes steps independently of this Act to initiate the removal of the Judge from office, the provisions of sections 7 to 33
4: The Commissioner and a Judicial Conduct Panel have jurisdiction under this Act in relation to a matter to which this section applies only if the Attorney-General refers the matter to the Commissioner under section 12(2)
35: Official Information Act 1982 amended
Amendment(s) incorporated in the Act(s) Savings provision Heading added 23 March 2010 section 14 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
36: Amendments do not apply to certain complaints
Complaints made before the commencement of the Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 36 added 23 March 2010 section 14 Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010


1: Title
1: This Act is the Children, Young Persons, and Their Families Amendment Act 2004.
2: In this Act, the Children, Young Persons, and Their Families Act 1989 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 434 The principal Act is amended by repealing section 434
434: Principal Youth Court Judge
1: The Governor-General must, on the advice of the Attorney-General, appoint a Principal Youth Court Judge.
2: The appointment must be for a period of 8 years, and the person is not eligible for reappointment as Principal Youth Court Judge.
3: A person's appointment as Principal Youth Court Judge ceases if he or she ceases to hold office as a District Court Judge.
4: With the prior approval of the Governor-General, the Principal Youth Court Judge may resign that office but continue in office as a District Court Judge.
5: To avoid doubt, a person does not cease to hold office as a District Court Judge solely because the term of the person's appointment as Principal Youth Court Judge has come to an end.
6: Despite subsection (2)
7: The Principal Youth Court Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Court in consultation with the Chief District Court Judge.
4: Section 434(2) Nothing in section 434(2) section 3
5: New
section 435A The principal Act is amended by inserting, after section 435
435A: Stationing of Judges and sittings of Courts
1: Each Youth Court Judge must be stationed in the town, and must sit in the Court, that may from time to time be determined by the Principal Youth Court Judge.
2: Despite subsection (1)
3: Sittings of a Youth Court for the dispatch of its business must be held on the days and times that may be appointed by the Judge exercising the jurisdiction of the Court at the place at which the sittings are held.
4: However, the days appointed for regular sittings of a Youth Court are subject to the approval of the Principal Youth Court Judge.
5: In exercising his or her powers under this section, the Principal Youth Court Judge must consult with the Chief District Court Judge.
6: This section is subject to section 9 of the District Courts Act 1947


Coroners Amendment Act 2004

1: Title
1: This Act is the Coroners Amendment Act 2004.
2: In this Act, the Coroners Act 1988 the principal Act This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
3: Powers of coroners
Section 35 subsection (1)
1A: Despite subsection (1) Part 7 of the Summary Proceedings Act 1957 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144


1: Title
1: This Act is the Courts Martial Appeals Amendment Act 2004.
2: In this Act, the Courts Martial Appeals Act 1953 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Constitution of Courts Martial Appeal Court
Section 3
4: Every person appointed under subsection (1)(b)


District Courts Amendment Act 2004

1: Title
1: This Act is the District Courts Amendment Act 2004.
2: In this Act, the District Courts Act 1947 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Appointment and qualifications
1: Section 5 subsection (2)
2: The maximum number of Judges is 140.
2A: For the purposes of subsection (2)
a: a Judge who is acting on a full-time basis counts as 1:
b: a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
c: the aggregate number (for example, 139.5) must not exceed the maximum number of Judges that is for the time being permitted.
2B: Subsection (2) sections 10 and 10A
2: Section 5 District Courts Act 1947 subsection (4)
4: A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief District Court Judge is satisfied that the employment or other office is compatible with judicial office.
3: Section 180 Sentencing Act 2002
4: New section 5AA inserted
The principal Act is amended by inserting, after section 5
5AA: Judges act on full-time basis but may be authorised to act part-time
1: A person acts as a Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4) section 5 or section 5A to act
3: To avoid doubt, an authorisation under subsection (2)
4: The Attorney-General may authorise a Judge to act on a part-time basis only—
a: on the request of the Judge; and
b: with the concurrence of the Chief District Court Judge (after consultation with the Principal Environment Judge if the request is from an Environment Judge).
5: In considering whether to concur under subsection (4)(b)
6: A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6)
8: This section applies to persons who hold office as District Court Judges regardless of whether they act as District Court Judges, as Environment Judges, or in any other judicial office.
5: Salaries and allowances
1: Section 6 subsection (1)
1: There must be paid to the Chief District Court Judge, to the Principal Environment Judge, to the Principal Family Court Judge, to the Principal Youth Court Judge, and to the other Judges, out of public money, without further appropriation than this section,—
a: salaries at the rates from time to time determined by the Remuneration Authority; and
b: the allowances from time to time determined by the Remuneration Authority; and
c: the additional allowances, being travelling allowances or incidental or minor allowances, from time to time determined by the Governor-General.
2: Section 6 subsection (2)
2A: The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.
2B: If a principal Judge ceases to hold the position of principal Judge but continues to hold office as a Judge, the salary and allowances of the Judge may be reduced by the amount of any salary or allowances that the person received solely because of being the principal Judge.
2C: For the purpose of subsection (2) subsection (2A) subsection (2B)
6: New section 11H inserted
The principal Act is amended by inserting, after section 11G
11H: Retired Community Magistrates
1: Any person who has retired from office as a Community Magistrate on attaining the age of 68 years, or who has sooner resigned, may be appointed as an acting Community Magistrate by the Governor-General on the advice of the Minister of Justice.
2: Each acting Community Magistrate must be appointed for a stated term that—
a: is not more than the time until the Community Magistrate will reach the age of 73 years:
b: in any case, is not more than 24 months.
3: During the term of the warrant, the person appointed may act as a Community Magistrate only during the period or periods that the Chief District Court Judge may direct after consultation with—
a: the Chief Community Magistrate; or
b: if the office of Chief Community Magistrate is vacant, any other Community Magistrate that the Chief District Court Judge thinks fit.
4: An acting Community Magistrate must, in respect of any period during which he or she acts as a Community Magistrate, but not otherwise, be paid remuneration and allowances at the rate for the time being prescribed for Community Magistrates under section 11G
5: While an acting Community Magistrate appointed under this section acts as a Community Magistrate, but not otherwise, he or she has all the jurisdiction, powers, protections, privileges, and immunities of a Community Magistrate.
7: New section 119 substituted
The principal Act is amended by repealing section 119
119: Immunity of Judges
Every District Court Judge has, at all times, the same immunities as a Judge of the High Court.


Employment Relations Amendment Act 2004

1: Title
1: This Act is the Employment Relations Amendment Act 2004.
2: In this Act, the Employment Relations Act 2000 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Appointment of Judges
Section 200
4: A Judge of the Court must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief Judge is satisfied that the employment or other office is compatible with judicial office.
4: New
section 200A The principal Act is amended by inserting, after section 200
200A: Judges act on full-time basis but may be authorised to act part-time
1: A person acts as a Judge of the Court on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4) section 200 to act
3: To avoid doubt, an authorisation under subsection (2)
4: The Attorney-General may authorise a Judge to act on a part-time basis only—
a: on the request of the Judge; and
b: with the concurrence of the Chief Judge.
5: In considering whether to concur under subsection (4)
6: A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6)
8: If any question arises as to the number of Judges of the Court,—
a: a Judge who is acting on a full-time basis counts as 1:
b: a Judge who is acting on a part-time basis counts as an appropriate fraction of 1.
5: Salaries and allowances of Judges
Section 206 subsection (3)
3A: The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.
3B: For the purpose of subsection (3) subsection (3A)


Family Courts Amendment Act 2004

1: Title
1: This Act is the Family Courts Amendment Act 2004.
2: In this Act, the Family Courts Act 1980 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 6 The principal Act is amended by repealing section 6
6: Principal Family Court Judge
1: The Governor-General must, on the advice of the Attorney-General, appoint a Principal Family Court Judge.
2: The appointment must be for a period of 8 years, and the person is not eligible for reappointment.
3: A person's appointment as Principal Family Court Judge ceases if he or she ceases to hold office as a District Court Judge.
4: With the prior approval of the Governor-General, the Principal Family Court Judge may resign that office but continue in office as a District Court Judge.
5: To avoid doubt, a person does not cease to hold office as a District Court Judge solely because the term of the person's appointment as Principal Family Court Judge has come to an end.
6: Despite subsection (2)
7: The Principal Family Court Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Court in consultation with the Chief District Court Judge.
4: Section 6(2) Nothing in section 6(2) section 3


Judicature Amendment Act 2004

1: Title
1: This Act is the Judicature Amendment Act 2004.
2: In this Act, the Judicature Act 1908 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: The Judges of the High Court
1: Section 4
1: The High Court consists of—
a: a Judge called the Chief Justice of New Zealand; and
b: the other Judges, up to a maximum of 55, who are from time to time appointed.
1A: For the purposes of subsection (1)(b)
a: a Judge who is acting on a full-time basis counts as 1:
b: a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
c: the aggregate number (for example, 54.5) must not exceed the maximum number of Judges that is for the time being permitted.
1B: Subsection (1) subsections (1C) and (1D)
1C: An additional Judge or additional Judges may be appointed whenever the Governor-General thinks it necessary because of the absence or anticipated absence of any of the Judges on leave preliminary to retirement.
1D: Every appointment made under subsection (1C) subsection (1C)
2: Section 4
2A: A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
3: Section 181 Sentencing Act 2002
4: New section 4C inserted
The principal Act is amended by inserting, after section 4B
4C: Judges of High Court act on full-time basis but may be authorised to act part-time
1: A person acts as a Judge of the High Court on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4) section 4 or section 4A to act
3: To avoid doubt, an authorisation under subsection (2)
4: The Attorney-General may authorise a Judge to act on a part-time basis only—
a: on the request of the Judge; and
b: with the concurrence of the Chief High Court Judge.
5: In considering whether to concur under subsection (4)
6: A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6)
8: An authorisation may not be granted under subsection (2)
5: Salaries and allowances of Judges
Section 9A
4: The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.
5: For the purpose of section 24 of the Constitution Act 1986 subsection (4)
6: Masters become Associate Judges
1: Every person who, immediately before the commencement of this section, held office as a Master of the High Court becomes an Associate Judge of the High Court and is deemed to have been appointed as an Associate Judge under section 26C
2: The Acts specified in the Schedule are consequentially amended in the manner set out in that schedule.
3: All references to a Master of the High Court in any Act, regulation, order, or other enactment or in any agreement, deed, instrument, application, notice, or other document must, unless the context otherwise requires, be read as references to an Associate Judge of the High Court.
7: New sections 26C and 26D substituted
The principal Act is amended by repealing sections 26C 26D
26C: Appointment of Associate Judges
1: The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Associate Judges of the High Court.
2: The maximum number of Associate Judges is 6.
3: For the purposes of subsection (2)
a: an Associate Judge who is acting on a full-time basis counts as 1:
b: an Associate Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
c: the aggregate number (for example, 5.5) must not exceed the maximum number of Associate Judges that is for the time being permitted.
4: A person must not be appointed as an Associate Judge unless he or she has held a practising certificate as a barrister or solicitor for at least 7 years.
5: An Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
6: An Associate Judge holds office until, in accordance with section 26E
7: Subsection (6)
a: every Associate Judge appointed after the commencement of this section; and
b: every person deemed by section 6(1) of the Judicature Amendment Act 2004
26D: Associate Judges act on full-time basis but may be authorised to act part-time
1: A person acts as an Associate Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4) section 26C to act
3: To avoid doubt, an authorisation under subsection (2)
4: The Attorney-General may authorise an Associate Judge to act on a part-time basis only—
a: on the request of the Associate Judge; and
b: with the concurrence of the Chief High Court Judge.
5: In considering whether to concur under subsection (4)
6: An Associate Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which an Associate Judge acts must not be altered during the term of the Associate Judge's appointment without the Associate Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6)
8: Vacation of office
Section 26E(2) Minister of Justice Attorney-General
9: Salaries and allowances of Associate Judges
Section 26F
5: The salary and allowances payable for a period during which an Associate Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.
6: For the purpose of subsection (2) subsection (5)
10: Temporary Associate Judges
Section 26H(2) 3 12
11: New section 26Q substituted
The principal Act is amended by repealing section 26Q
26Q: Immunity of Associate Judges
Every Associate Judge has the same immunities as a Judge of the High Court.
12: New section 57A inserted
The principal Act is amended by inserting, after section 57
57A: Judges of Court of Appeal act on full-time basis but may be authorised to act part-time
1: A person acts as a Judge of the Court of Appeal on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4)
3: To avoid doubt, an authorisation under subsection (2)
4: The Attorney-General may authorise a Judge to act on a part-time basis only—
a: on the request of the Judge; and
b: with the concurrence of the President of the Court of Appeal.
5: In considering whether to concur under subsection (4)
6: A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6)
8: This section applies only to Judges who are appointed as Judges of the Court of Appeal.


Resource Management Amendment Act 2004

1: Title
1: This Act is the Resource Management Amendment Act 2004.
2: In this Act, the Resource Management Act 1991 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Appointment of Environment Judges and alternate Environment Judges
1: Section 250(1) Minister of Justice Attorney-General
2: Section 250
4: For the purposes of subsection (3)(a)
a: an Environment Judge who is acting on a full-time basis counts as 1:
b: an Environment Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
c: the aggregate number (for example, 7.5) must not exceed the maximum number of Environment Judges that is for the time being permitted.
4: Principal Environment Judge
Section 251(1) Minister of Justice Attorney-General
5: Appointment of Environment Commissioner or Deputy Environment Commissioner
Section 254(1) Minister of Justice Attorney-General
6: Resignation
Section 257 Minister of Justice Attorney-General
7: Protection from legal proceedings
Section 261
2: In addition, a member of the Environment Court who is a District Court Judge also has the immunities conferred by section 119 of the District Courts Act 1947


Summary Proceedings Amendment Act 2004

1: Title
1: This Act is the Summary Proceedings Amendment Act 2004.
2: In this Act, the Summary Proceedings Act 1957 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New heading to
Part 7 The principal Act is amended by repealing the heading to Part 7 Protection of Justices and Community Magistrates
4: No action against District Court Judge or Justice or Community Magistrate unless act in excess of jurisdiction or without jurisdiction
1: The heading to section 193 District Court Judge or
2: Section 193(1) District Court Judge or
3: Section 193(2)
a: by omitting the words by a District Court Judge or
b: by omitting in each place where they occur the words District Court Judge or
5: No action against District Court Judge or Justice or Community Magistrate to be brought in District Court
1: The heading to section 194 District Court Judge or
2: Section 194 District Court Judge or
6: Onus of proof
Section 195 District Court Judge or
7: Plaintiff may be ordered to give security for costs
Section 196 District Court Judge or
8: Section 196A Section 196A


Te Ture Whenua Maori Amendment Act 2004

1: Title
1: This Act is—
a: Te Ture Whenua Maori Amendment Act 2004; or
b: the Maori Land Amendment Act 2004.
2: In this Act, Te Ture Whenua Maori Act 1993 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Appointment of Judges
1: Section 7 subsection (2)
2AA: For the purposes of subsection (2)
a: a Judge who is acting on a full-time basis counts as 1:
b: a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
c: the aggregate number (for example, 7.5) must not exceed the maximum number of Judges that is for the time being permitted.
2: Section 7 subsection (6)
6: A Judge must not undertake any other paid employment or any other office (whether paid or not) unless the Chief Judge is satisfied that the employment or other office is compatible with judicial office.
4: New
section 7A The principal Act is amended by inserting, after section 7
7A: Judges act on full-time basis but may be authorised to act part-time
1: A person acts as a Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2: The Attorney-General may, in accordance with subsection (4) section 7 or section 8 to act
3: To avoid doubt, an authorisation under subsection (2)
4: The Attorney-General may authorise a Judge to act on a part-time basis only—
a: on the request of the Judge; and
b: with the concurrence of the Chief Judge.
5: In considering whether to concur under subsection (4)
6: A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7: The basis on which a Judge acts must not be altered during the term of the Judge's appointment without the Judge's consent, but consent under this subsection is not necessary if the alteration is required by subsection (6)
5: New
section 12A The principal Act is amended by inserting, after section 12
12A: Judges to have immunities of High Court Judges
The Judges have all the immunities of a Judge of the High Court.
6: Salaries and allowances of Judges
Section 13 subsection (2)
2A: The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro-rata proportion of the salary and allowances for a full-time equivalent position.
2B: For the purpose of subsection (2) subsection (2A)