sec.15Leave of absence of judges

sec.15 Leave of absence of judges

A judge who has served as a judge for not less than 7 years is entitled to the following additional leave of absence on full pay— for the first 7 years service as a judge—6 months; for each subsequent completed year of service— 6 / 7 of a month. The prescribed authority must grant leave of absence to a judge who applies for and is entitled to leave of absence under subsection (1) . A judge must, within 3 years after completing any 7 years of service as a judge, take the leave of absence to which the judge is entitled in relation to the period of 7 years unless the prescribed authority otherwise approves. If the judge does not take the leave within that period of 3 years or within any further period allowed by the prescribed authority, the judge forfeits all rights in relation to the leave of absence. A judge who is entitled to additional leave of absence under subsection (1) may, with the prescribed authority’s approval, and subject to the administrative requirements of the court, take the additional leave in periods of less than 6 months. If a judge is unable, or circumstances render it inconvenient for a judge, to take leave of absence to which the judge is entitled, the judge is entitled to receive, either during service as a judge or on retirement, an amount equal to the judge’s salary for the period of the leave. If a judge dies before taking a period of leave of absence to which the judge is entitled, an amount equal to the judge’s salary for the period of the leave is payable to the executor or administrator of the judge’s estate. In this section— prescribed authority , for leave of absence to a judge, means— the Governor in Council, if the judge is the Chief Justice and the leave of absence is more than 1 month; or the Chief Justice, if the judge is— the Chief Judge; or the Chief Magistrate and paragraph (c) (i) does not apply; or a Supreme Court judge, other than the Chief Justice; or the Chief Judge, if the judge is— a District Court judge who is the Chief Magistrate; or a District Court judge, other than the Chief Judge; or the Minister, if the judge is the Chief Justice and the leave of absence is 1 month or less. s 15 sub 1967 No. 40 s 17 amd 1980 No. 16 s 10 ; 1991 No. 68 s 111 sch 2 ; 1992 No. 14 s 2 sch ; 1995 No. 24 s 15 ; 1996 No. 79 s 50 ; 2000 No. 58 s 2 sch ; 2007 No. 37 s 89 ; 2008 No. 59 s 59 ; 2010 No. 42 s 119 (sec.15-ssec.1) A judge who has served as a judge for not less than 7 years is entitled to the following additional leave of absence on full pay— for the first 7 years service as a judge—6 months; for each subsequent completed year of service— 6 / 7 of a month. (sec.15-ssec.2) The prescribed authority must grant leave of absence to a judge who applies for and is entitled to leave of absence under subsection (1) . (sec.15-ssec.3) A judge must, within 3 years after completing any 7 years of service as a judge, take the leave of absence to which the judge is entitled in relation to the period of 7 years unless the prescribed authority otherwise approves. (sec.15-ssec.4) If the judge does not take the leave within that period of 3 years or within any further period allowed by the prescribed authority, the judge forfeits all rights in relation to the leave of absence. (sec.15-ssec.5) A judge who is entitled to additional leave of absence under subsection (1) may, with the prescribed authority’s approval, and subject to the administrative requirements of the court, take the additional leave in periods of less than 6 months. (sec.15-ssec.6) If a judge is unable, or circumstances render it inconvenient for a judge, to take leave of absence to which the judge is entitled, the judge is entitled to receive, either during service as a judge or on retirement, an amount equal to the judge’s salary for the period of the leave. (sec.15-ssec.7) If a judge dies before taking a period of leave of absence to which the judge is entitled, an amount equal to the judge’s salary for the period of the leave is payable to the executor or administrator of the judge’s estate. (sec.15-ssec.8) In this section— prescribed authority , for leave of absence to a judge, means— the Governor in Council, if the judge is the Chief Justice and the leave of absence is more than 1 month; or the Chief Justice, if the judge is— the Chief Judge; or the Chief Magistrate and paragraph (c) (i) does not apply; or a Supreme Court judge, other than the Chief Justice; or the Chief Judge, if the judge is— a District Court judge who is the Chief Magistrate; or a District Court judge, other than the Chief Judge; or the Minister, if the judge is the Chief Justice and the leave of absence is 1 month or less.