Appendix 3: How judges are appointed

The selection process

Judges and judicial officers are generally appointed by the Governor-General who acts on the advice of the Attorney-General. The Attorney-General consults with the Chief Justice for appointments to the senior courts, and with the relevant head of bench for appointments to other courts.

There are protocols setting out the process and criteria for appointment to the High Court and the District Court.

• Judicial Appointments Protocol – Senior Courts;
• Judicial Appointments Information Booklet – District Court; and
• Information on Statutory Vacancies (Ministry of Justice).

For appointment of the Chief Justice, the Governor General acts on the advice of the Prime Minister. For the appointment of Environment Court judges, the Attorney-General is required to consult with both the Minister for the Environment and the Minister for Māori Development before advising the Governor-General. Appointments to the Māori Land Court and the Māori Appellate Court are made by the Minister of Māori Affairs after consultation with the Attorney-General. Appointments to the Coroners Court are made by the Governor-General on the advice of the Attorney-General, after consultation with the Minister of Justice.

Qualities of a judge

The Judicial Appointments Protocol provides clearly defined criteria for assessing whether a person is suitable for judicial appointment. These criteria cover legal ability, qualities of character (including personal honesty and integrity, open-mindedness, impartiality, courtesy and social sensitivity), personal technical skills (such as effective oral communication, mental agility and time management and organisational skills), and reflection of society (the quality of being a person who is aware of, and sensitive to, the diversity of modern New Zealand society).

Recognising previous professional and personal experience in judicial applicants

The application process ensures that consideration is given to an applicant’s previous professional and personal experience, including information about previous service to the community and commitment to access to justice.

The expression of interest form that is filled in by anyone nominating a candidate for, or expressing interest in, appointment to the bench contains specific questions about language and cultural knowledge, life experience, past involvement in access to justice initiatives, and in teaching and learning in the field of legal or judicial education. An example is the High Court judge expression of interest form.

Expression of Interest High Court Judge 2022 (justice.govt.nz).