sec.23Decisions about constituting Magistrates Courts

### sec.23 Decisions about constituting Magistrates Courts The Chief Magistrate must refer the following matters to the advisory committee for consideration and a transfer recommendation— for the purposes of section 5 (5) , whether a magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment under section 5 (3) ; for the purposes of section 12 (2) (a) , whether a magistrate is to continue to constitute a Magistrates Court at the place where the magistrate currently constitutes a Magistrates Court and, if not, where a magistrate is to constitute a Magistrates Court. The Chief Magistrate is not required to act under subsection (1) (b) only because of the ending of the period for which a magistrate is required to constitute a Magistrates Court at a place if the magistrate does not ask for a transfer decision. When the period to which subsection (2) applies ends, the magistrate is to continue to constitute the court at the place until a transfer decision is made requiring the magistrate to constitute a Magistrates Court at another place. Subsection (1) applies whether the matter is initiated by the Chief Magistrate or a particular magistrate. The Chief Magistrate may refer to the advisory committee, for consideration and a transfer recommendation, the question of which magistrate is to constitute a Magistrates Court at a place where the person who was the magistrate— has ceased to be a magistrate under section 42 ; or has been the subject of a transfer decision under section 12 (2) (a) requiring the magistrate to constitute a Magistrates Court at another place; or has been the subject of an agreement under section 5 (4) ; or has been the subject of a decision under section 5 (5) . s 23 ins 2003 No. 86 s 8 amd 2004 No. 43 s 64 ; 2005 No. 70 s 126 (sec.23-ssec.1) The Chief Magistrate must refer the following matters to the advisory committee for consideration and a transfer recommendation— for the purposes of section 5 (5) , whether a magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment under section 5 (3) ; for the purposes of section 12 (2) (a) , whether a magistrate is to continue to constitute a Magistrates Court at the place where the magistrate currently constitutes a Magistrates Court and, if not, where a magistrate is to constitute a Magistrates Court. (sec.23-ssec.2) The Chief Magistrate is not required to act under subsection (1) (b) only because of the ending of the period for which a magistrate is required to constitute a Magistrates Court at a place if the magistrate does not ask for a transfer decision. (sec.23-ssec.3) When the period to which subsection (2) applies ends, the magistrate is to continue to constitute the court at the place until a transfer decision is made requiring the magistrate to constitute a Magistrates Court at another place. (sec.23-ssec.4) Subsection (1) applies whether the matter is initiated by the Chief Magistrate or a particular magistrate. (sec.23-ssec.5) The Chief Magistrate may refer to the advisory committee, for consideration and a transfer recommendation, the question of which magistrate is to constitute a Magistrates Court at a place where the person who was the magistrate— has ceased to be a magistrate under section 42 ; or has been the subject of a transfer decision under section 12 (2) (a) requiring the magistrate to constitute a Magistrates Court at another place; or has been the subject of an agreement under section 5 (4) ; or has been the subject of a decision under section 5 (5) . - (a) for the purposes of section 5 (5) , whether a magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment under section 5 (3) ; - (b) for the purposes of section 12 (2) (a) , whether a magistrate is to continue to constitute a Magistrates Court at the place where the magistrate currently constitutes a Magistrates Court and, if not, where a magistrate is to constitute a Magistrates Court. - (a) has ceased to be a magistrate under section 42 ; or - (b) has been the subject of a transfer decision under section 12 (2) (a) requiring the magistrate to constitute a Magistrates Court at another place; or - (c) has been the subject of an agreement under section 5 (4) ; or - (d) has been the subject of a decision under section 5 (5) .