Complaints about judicial conduct are made to the Judicial Conduct Commissioner (the Commissioner) who will conduct a preliminary investigation and determine the next course of action. In the most serious cases, the next action may include a recommendation to the Attorney-General that they appoint a Judicial Conduct Panel to inquire further into the complaint. This will happen if the Commissioner is of the opinion that an inquiry is necessary or justified and that the Judge's conduct, if established, could warrant consideration of their removal from office.
The complaints process cannot be used to challenge the legality or correctness of a Judge’s decision. Complaints must be about a Judge’s conduct, whether that be inside or outside court.
If the Attorney-General decides to appoint a Judicial Conduct Panel, the role of the Panel will be to inquire into, and report on, the matters of judicial conduct referred to it by the Attorney-General.
Judicial Conduct Panels have the same powers as a Commission of Inquiry and are required to act according to the principles of natural justice.
A new Judicial Conduct Panel is appointed for each matter. There have only been three panels appointed since the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 came into force.
Each Panel comprises three members, two of which must be either a Judge, retired Judge or a senior lawyer. The third member must be a “lay person” who is not a Judge, retired Judge or lawyer.
The Panel must hold a hearing into the matter, or matters, referred to it by the Attorney-General. There is a presumption that hearings will be held in public. However, part or all of a hearing may be held in private to protect the complainant’s or witnesses’ privacy, the Judge's privacy, or the public interest. The Panel also has the power to restrict publication of any documents that are part of a hearing, or any information about the hearing.
Once a Judicial Conduct Panel has completed their inquiries, they must provide a report to the Attorney-General. The report must set out:
The Judicial Conduct Commissioner and Judicial Conduct Panel operate under the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004(external link)
For more information about the Judicial Conduct Commissioner and the process for making a complaint, visit www.jcc.govt.nz(external link)
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