Supreme Court of New Zealand - Composition

Composition

The inaugural bench (with the exception of the Chief Justice, who had automatic appointment) were the most senior judges of the New Zealand Court of Appeal at the time. Their appointment to the new Court was said to have been based on seniority and merit. The maximum bench under statute is six judges.

Several acting Judges have also been appointed to sit whenever a permanent judge was unable to do so due to illness or a conflict of interest. These judges were appointed from the retired judges of the Court of Appeal and including Justices Sir John Henry, Sir Ted Thomas, former President of the Court of Appeal Sir Ivor Richardson and former Chief Justice Sir Thomas Eichelbaum. Acting judges only sit on substantive appeals, and not applications for leave, due to the requirement for appeals to be heard en banc by five judges.

On 4 May 2005, Attorney General Michael Cullen announced the appointment of Justice Sir John McGrath of the Court of Appeal to the Supreme Court bench as its sixth permanent judge. On 21 February 2006, the Honourable Sir Noel Anderson (at the time President of the Court of Appeal) was appointed to the Supreme Court. Thus the promotion of the most senior Court of Appeal member has continued. This practice was broken with the appointment of Justice Bill Wilson in December 2007 after having served less than a year as a judge of the Court of Appeal.