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Terms and conditions of judicial appointment

Supreme Court, Court of Appeal and High Court Judges

Current: Senior Courts Judges: Terms and conditions of appointment, 2024 (PDF, 202 KB)

Archived: High Court Judges: Terms and conditions of appointment, prior to 2024 update (PDF, 238 KB)

Archived: High Court Judges: Terms and conditions of appointment, prior to 2022 update (PDF, 214 KB)

Employment Court Judges

Current: Employment Court Judges: Terms and conditions of appointment, 2024 (PDF, 202 KB)

Archived: Employment Court Judges: Terms and conditions of appointment, prior to 2024 update (PDF, 190  KB)

Archived: Employment Court Judges: Terms and conditions of appointment, prior to 2022 update (PDF, 163 KB)

 

Frequently Asked Questions

What judicial terms and conditions are published here, who sets them, and what do they cover?

The terms and conditions published on this page apply to the judges of the senior courts – that is, the Supreme Court, Court of Appeal and High Court – and to the judges of the Employment Court.

The terms and conditions of judicial appointment are set by the Attorney-General. They are provided to judges on their appointment, and include the following matters:

  • allowances and expenses for judges travelling on official business
  • transfer expenses for when a judge is required to relocate on, or during, their appointment
  • contributions for legal texts, internet and telephone expenses and
  • leave entitlements.

The current terms and conditions have been progressively modernised since 2022. Two previous versions are published for comparison.

These are the first of the terms and conditions for judicial appointment to be made publicly available. Terms and conditions for other courts are being reviewed by the Attorney-General in conjunction with the judiciary and will be released in due course.

Why are salaries and superannuation entitlements not included in these terms and conditions?

Judges’ salaries and superannuation entitlements are already publicly available. They are set out in the Judicial Officers Salaries and Allowances (2023/24) Determination 2023 and Judicial Officers Superannuation Determination 2019.

Who sets how much judges are paid?

Salaries and superannuation entitlements are set by the Remuneration Authority, which is also responsible for setting the salaries and superannuation entitlements of the Governor-General, Members of Parliament, and local government members.

In 2018-19 the Remuneration Authority considered all the terms and conditions of the judiciary when setting judicial salaries and superannuation entitlements.  That allowed the Remuneration Authority to develop a “fully inclusive total remuneration amount” for each judicial role to inform the review and its subsequent determinations of judicial officers’ salaries and allowances.

What are the principles behind the remuneration of judges?

The Remuneration Authority Act 1977 [1]]sets out the criteria applied to deciding remuneration of judicial officers.

There are two internationally recognised principles that relate to judges’ remuneration.

  1. Preservation of judicial independence and impartiality

There is a constitutional principle that a judge’s salary should not be reduced during the continuance of the judge’s commission. This principle operates to uphold judicial independence, which is a cornerstone of New Zealand’s constitutional arrangements. The principle of judicial independence applies both to judges at an individual level, and to the judiciary as a whole. Individually, each judge must uphold their judicial oath to judge “without fear or favour” – that is, they must be free to make judicial decisions without fear of personal repercussions such as a reduction or stoppage of pay or removal from office because of a judicial decision they have made.

The judiciary is independent from the other branches of government – the legislative and executive. This independence ensures that the judiciary is able to fulfil its constitutional role of deciding individual cases in accordance with the law and without external pressure. Often the litigant before the Court will be from the executive branch of government. This constitutional principle of judicial independence is reflected in the Constitution Act 1986, which provides protection for senior court judges from arbitrary removal from office (s 23), and protection of their salaries while in office (s 24).

Internationally, appropriate remuneration for judges is identified as an anti-corruption imperative in democratic societies. The Commonwealth Latimer House Principles encourages governments to “review and establish adequate terms and conditions of service for the judiciaries to minimise their vulnerability to corrupt influences”.

  1. Ensuring ongoing recruitment of an effective and high-performing judiciary

It is vital that those who become judges are suitable to hold the office, and that the judiciary continues to attract applicants who have the skills and experience to do so.

Judges are appointed from the ranks of the senior legal profession. Applicants are assessed against a range of clearly defined criteria:[2]

  • Legal ability – a sound knowledge of the law and experience of its application
  • Qualities of character – including personal honesty and integrity, independence and acceptance of public scrutiny
  • Personal technical skills – effective oral communication with a variety of people, ability to absorb and analyse complex and competing factual and legal material.
  • Reflection of society – the quality of being a person who is aware of and sensitive to the diversity of modern New Zealand society. “[A] good knowledge, acquired by experience, of New Zealand’s life, customs and values”.[3]

Recruitment and retention of suitable candidates is a focus of the Remuneration Authority when setting judicial remuneration.

How have the terms and conditions changed over time?

Terms and conditions for judicial appointment have adapted over time in response to changes in society, in technology and common practices – see the earlier versions of the terms and conditions published on this page.

Some of the terms and conditions explained

Travel allowances

Judges regularly travel to work in New Zealand’s regional courts. For example, High Court judges are based in the three home courts in Auckland, Wellington and Christchurch, but the High Court also hears cases in courthouses in 15 other centres and, on occasion, other locations in the country.  As a result, High Court judges are regularly required to travel for work and to stay away from home. When a judge travels away from their base courts in this way, it is called going “on circuit”. Hearings can take weeks, or even months, meaning that judges can be required to be away from home for extended periods of time.

Judges’ travel and accommodation expenses for this are provided for in the terms and conditions. There are two alternative ways for judges to claim for the costs incurred when staying away from home to sit at a court other than their home court, or when away on official business.  

Judges can either be reimbursed for actual and reasonable costs for accommodation and food or, if they prefer, they can claim a $240 daily allowance to meet the actual costs of accommodation and food.

If Judges choose to claim the allowance and it is insufficient to meet the actual costs incurred, judges are entitled to be reimbursed for all actual and reasonable expenses over and above the daily allowance. Provision is also made for judges’ partners to travel with them, although this occurs less frequently than in times past.

Sabbatical leave

Senior courts and Employment Court judges are not covered by the provisions of the Holidays Act 2003 and therefore are not entitled to annual leave. These courts have scheduled vacations, and judges are not generally required to sit during these periods, however they are expected to attend to any outstanding judgments. They may take a week’s leave between June and Christmas.

The terms and conditions for senior courts and Employment Court judges provide for 12 months of sabbatical leave for every 10 years of service, although this can be taken in different formulations, including annually at a rate of 4.4 weeks per year.

Judges are encouraged to use their sabbatical leave to pursue educational opportunities, and increasingly to maintain their wellbeing. Recognised stresses of the judicial role include high workloads, exposure to distressing material, and inflexible schedules – an example of the latter is that to enable cases to be set down with certainty, a High Court judge’s time is rostered more than a year in advance and any intention to take sabbatical leave must be arranged similarly in advance.

 

[1] Section 18.

[2] Crown Law “Judicial Protocol”, April 2013 (updated October 2023).

[3] Report of Royal Commission on the Courts in 1978, p 199.