Judicial Retirement Age Bill

Transcription

1 Judicial Retirement Age Bill Government Bill Explanatory note General policy statement This Bill will raise the statutory retirement age for all Judges, Associate Judges of the High Court, coroners, and Community Magistrates in New Zealand from 68 years to 70 years. Security of tenure and its counterpart, a compulsory retirement age, are key protections for judicial independence. These provisions enable the fearless performance of judicial functions by freeing Judges from concerns about their future term of office. Compared with many overseas jurisdictions, a statutory retirement age of 68 is relatively low. For example, in the United Kingdom, Australia, and Ireland, the retirement age is 70. In Canada, all superior court Judges retire at 7. In the United States of America, 8 States have a mandatory retirement age- of which compel retirement at 70, while the other 1 have a slightly higher age. There is no mandatory retirement age in the other 1 States or at the federal level. In 1980, the retirement age for Judges of the higher courts in New Zealand was lowered from 7 years to 68 years to match the retirement age for all other Judges. The current retirement age of 68 years causes a loss of valuable knowledge and experience to the judiciary. The current age also presents a barrier to attracting senior practitioners or lawyers who have distinguished themselves in other fields (eg, as university leeturers) to judicial office. Experienced practitioners and academics can bring significant depth to the bench. Knowing themselves to be capable of continuing their careers beyond 68, they may hesitate to 90-1

2 Judicial Retirement Age Explanatory note consider positions that limit their options to return to their former careers. Raising the judicial retirement age will enable the retention of our most experienced and capable Judges and encourage recruitment of senior practitioners. It is intended that this Bill be divided at the committee of the whole House stage, with each subpart in Part becoming a separate Bill. Clause 1 is the title clause. Clause by clause analysis Part 1 Preliminary provisions Clause provides for the commencement date. Clause states that the purpose of the Bill is to increase the statutory retiring age of Judges, Associate Judges of the High Court, coroners, and Community Magistrates from 68 years to 70 years. Part Retirement age increased Subpart 1-Amendments to District Courts Act 197 Clauses to 9 amend the District Courts Act 197 to increase the retiring age of District Court Judges and Community Magistrates. Subpart -Amendments to Employment Relations Act 000 Clauses 10 to 1 amend the Employment Relations Act 000 to increase the retiring age of Judges of the Employment Court. Subpart -Amendments to Judicature Act 1908 Clauses 1 to 17 amend the Judicature Act 1908 to increase the retiring age of Judges of the High Court, as well as Associate Judges and temporary Associate Judges. A separate amendment is not required for Judges of the Supreme Court and Judges of the Court of Appeal as they are also Judges of the High Court.

3 Explanatory note Judicial Retirement Age Subpart -Amendments to Te Ture Whenua Maori Act 199 Clauses 18 to 1 amend Te Ture Whenua Maori Act 199 to increase the retiring age of Judges of the Maori Land Court. Subpart -Amendment to Coroners Act 1988 Clauses and amend the Coroners Act 1988 to increase the retiring age of coroners and deputy coroners. Subpart 6-Amendments to Coroners Act 006 Clauses to 6 amend the Coroners Act 006 to increase the retiring age of coroners and relief coroners.

4 Hon Rick Barker Judicial Retirement Age Bill Government Bill Contents Page Title Part 1 Preliminary provisions Commencement Purpose I Part Retirement age increased Subpart 1-Amendments to District Courts Act 197 Amendments to District Courts Act 197 Acting Judges Retired Judges Retired Community Magistrates Subpart -Amendments to Employment Relations Act 000 Amendments to Employment Relations Act 000 Age of retirement Appointment of temporary Judges Subpart -Amendments to Judicature Act 1908 Amendments to Judicature Act 1908 Age of retirement Rights on retirement before attaining retiring age Vacation of office Temporary Associate Judges Subpart -Amendments to Te Ture Whenua Maori Act 199 Amendments to Te Ture Whenua Maori Act 199 Appointment of Judges Appointment of temporary Judges 90--1

5 Cl l Judicial Retirement Age 1 6 Subpart -Amendment to Coroners Act 1988 Amendment to Coroners Act 1988 Retirement of coroners and deputies Subpart 6-Amendments to Coroners Act 006 Amendments to Coroners Act 006 Coroners Relief coroners The Parliament of New Zealand enacts as follows: 1 Title This Act is the Judicial Retirement Age Act 006. Part 1 Preliminary provisions Commencement This Act comes into force on the day after the date on which it receives the Royal Assent. Purpose The purpose of this Act is to increase the statutory retiring age of Judges, Associate Judges of the High Court, coroners, and 10 Community Magistrates from 68 years to 70 years. Part Retirement age increased Subpart 1-Amendments to District Courts Act 197 Amendments to District Courts Act This subpart amends the District Courts Act 197. Section 7() is amended by omitting "68" and substituting 6 Acting Judges 0 Section 10() is amended by omitting "68" and substituting

6 Judicial Retirement Age Part cl 1 7 Retired Judges Section l OA(1) is amended by omitting "68" and substituting 8 Section 1 lf(1) is amended by omitting "68" and substituting 9 Retired Community Magistrates Section 1 1 H( 1 ) is amended by omitting "68" and substituting Subpart -Amendments to Employment Relations to Act Amendments to Employment Relations Act 000 This subpart amends the Employment Relations Act Age of retirement Section 0 is amended by omitting "68" and substituting 1 1 (1) () Appointment of temporary Judges Section 07() is amended by omitting "68" and substituting Section 07() is amended by omitting "68" and substituting 0 Subpart -Amendments to Judicature Act Amendments to Judicature Act 1908 This suhpart amends the Judicature Act Age of retirement Section 1 is amended by omitting "68" and substituting 1 Rights on retirement before attaining retiring age Section 1 is amended by omitting "68" in each place where it appears and substituting in each case 0

7 Part cl 16 Judicial Retirement Age 16 Vacation of office Section 6E() is amended by omitting "68" and substituting 17 Temporary Associate Judges Section 6H() is amended by omitting "68" and substituting Subpart -Amendments to Te Ture Whenua Maori Act Amendments to Te Ture Whenua Maori Act 199 This suhpart amends Te Ture Whenua Maori Act Appointment of Judges Section 7() is amended by omitting "68" and substituting 0 Appointment of temporary Judges Section 9() is amended by omitting "68" and substituting 1 1 Section 1() is amended by omitting "68" and substituting Subpart -Amendment to Coroners Act Amendment to Coroners Act 1988 This subpart amends the Coroners Act Retirement of coroners and deputies Section (1) is amended by omitting "68" and substituting Subpart 6-Amendments to Coroners Act 006 Amendments to Coroners Act 006 This subpart amends the Coroners Act 006.

8 Judicial Retirement Age Part cl 6 Coroners (1) Section 10() is amended by omitting "68" and substituting () Section 10() is amended by omitting "68" and substituting 6 Relief coroners (1) Section 10() is amended by omitting "68" and substituting () Section 10(6) is amended by omitting "68" and substituting 10 Wellington. New Zealand: Published under the authority of the New Zealand Government VS -OCT-06 9(}bar I