Contents

Chapter 7
Part-time and
acting judges

Payment of retiring judges

7.33Section 88A of the Judicature Act 1908 enables a judicial officer to continue in office beyond his or her retiring date to complete proceedings, but for no more than one month, save with the consent of the Minister of Justice.

7.34Section 88A(4) is not entirely clear as to the calculation of payments to that judicial officer. It is possible, particularly in appellate courts, that the term may have to be extended whilst the retiring judge awaits a judgment of the court.

7.35In principle, a retiring judge should be paid, on an extended term, only for the period he or she is actually working, at the appropriate daily rate.

R34 A retiring judge should be paid, beyond his or her retiring date, only for the period he or she is actually working, at the appropriate daily rate.