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Judges and the Non-Judicial Function in New Zealand

H P Lee (ed) 'Judiciaries in Comparative Perspective' (Cambridge University Press, Cambridge, 2011).

Victoria University of Wellington Legal Research Paper Series Palmer Paper No. 24

23 Pages Posted: 27 Feb 2013 Last revised: 23 Feb 2015

Sir Geoffrey Palmer QC

Victoria University of Wellington - Faculty of Law

Date Written: 2011

Abstract

This paper consists of analysis of the New Zealand Constitution and the place of the judiciary within it. It starts with an overview of New Zealand’s key constitutional features: the Constitution Act 1986, the Bill of Rights Act 1990, the Treaty of Waitangi and the Waitangi Tribunal, cabinet government, and proportional democratic electoral system. It considers where the judges fit into this system, discussing the early establishment and constant maintenance of an independent judiciary and the ending of appeals to the Judicial Committee of the English Privy Council. The paper outlines the structure of the New Zealand Courts and the extensive system of tribunals, as well as explaining the function of judicial committees. The paper then turns to the long tradition in New Zealand of setting up inquiries into various public issues, and the use of judges for such inquiries.

Keywords: judges, judicial system, New Zealand judiciary, New Zealand court structure, tribunals

JEL Classification: K19, K40

Suggested Citation

Palmer QC, Sir Geoffrey, Judges and the Non-Judicial Function in New Zealand (2011). H P Lee (ed) 'Judiciaries in Comparative Perspective' (Cambridge University Press, Cambridge, 2011).; Victoria University of Wellington Legal Research Paper Series Palmer Paper No. 24. Available at SSRN: https://ssrn.com/abstract=2225579

Sir Geoffrey Palmer QC (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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