Contents

Appendix 5
List of recommendations

Chapter 6 – Judicial conflicts of interest

R18 There should be a clear statutory provision in new courts legislation prohibiting all judges from undertaking other employment or acting as a barrister or solicitor.
R19 The statute should also prohibit judges from holding other office (whether paid or unpaid) unless the Chief Justice, in consultation with the relevant Head of Bench, has approved the other office as being consistent with judicial office.

R20 The Chief Justice, in consultation with the other Heads of Bench, should develop guidelines on the types of activities that are and are not considered consistent with judicial office, and make those guidelines available to the public via the internet.

R21 A register of judges’ pecuniary interests should not be established by statute in New Zealand.

R22 If, contrary to the above recommendation, there is to be such a register:
  • it should include sufficient detail to disclose the nature of a judge’s interests (subject to the protection of the privacy interests of judges);
  • the register should be compiled and maintained by a person in the office of, or nominated by, the Chief Justice;
  • there should be a requirement for the publication of a fair and accurate summary of the information contained in the annual returns by judges; and
  • the summary should be made publicly available on the Courts of New Zealand website.
R23 There should be a statutory requirement for the Heads of Bench, in consultation with the Chief Justice, to develop clear rules and processes for recusal in their courts, based on a common set of principles developed by the judges.

R24 These recusal rules and processes should be published in the Gazette and on the internet.