sec.5Appointment of magistrates

### sec.5 Appointment of magistrates The Governor in Council may appoint as many magistrates as are necessary for transacting the business of the Magistrates Courts. Before making a recommendation to the Governor in Council about the appointment of a magistrate, the Minister must first consult with the Chief Magistrate. The appointment of a magistrate must state and has effect to decide— the place where the magistrate is first to constitute a Magistrates Court appointed under the Justices Act 1886 , section 22B (1) (c) and the period, not longer than 1 year, the magistrate is to constitute a Magistrates Court at the place; and the place, which may be the place mentioned in paragraph (a) , where the magistrate is next to constitute a Magistrates Court and the period, not longer than 5 years, the magistrate is to constitute a Magistrates Court at the place. However, the Chief Magistrate and the magistrate may agree that the magistrate is to constitute a Magistrates Court at another place for an agreed period before the period mentioned in subsection (3) (b) ends. Despite subsection (3) and before a period mentioned in the subsection ends, the Chief Magistrate may, for good reason directly related to the magistrate, decide that the magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment. the magistrate’s incompatibility with the local community the magistrate’s incompatibility with another magistrate at the place is detrimental to the efficient functioning of the court The Governor in Council may appoint a District Court judge or a magistrate to be the Chief Magistrate either at the time of the person’s appointment as a judge or magistrate or at any time afterwards. The Governor in Council may appoint 1 or more magistrates as a Deputy Chief Magistrate. A person’s appointment as a magistrate is taken to be an appointment on a full-time basis unless the appointment is stated, in the instrument of appointment, to be on a part-time basis. A magistrate, although appointed on a full-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a magistrate on a part-time basis. A magistrate, although appointed on a part-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a magistrate on a full-time basis. A magistrate is to be appointed under this Act, and not under the Public Sector Act 2022 . s 5 amd 1996 No. 37 s 147 sch 2 ; 1999 No. 68 s 4 ; 2000 No. 58 s 2 sch ; 2003 No. 86 s 4 ; 2009 No. 25 s 83 sch ; 2013 No. 35 s 129 ; 2022 No. 34 s 365 sch 3 (sec.5-ssec.1) The Governor in Council may appoint as many magistrates as are necessary for transacting the business of the Magistrates Courts. (sec.5-ssec.2) Before making a recommendation to the Governor in Council about the appointment of a magistrate, the Minister must first consult with the Chief Magistrate. (sec.5-ssec.3) The appointment of a magistrate must state and has effect to decide— the place where the magistrate is first to constitute a Magistrates Court appointed under the Justices Act 1886 , section 22B (1) (c) and the period, not longer than 1 year, the magistrate is to constitute a Magistrates Court at the place; and the place, which may be the place mentioned in paragraph (a) , where the magistrate is next to constitute a Magistrates Court and the period, not longer than 5 years, the magistrate is to constitute a Magistrates Court at the place. (sec.5-ssec.4) However, the Chief Magistrate and the magistrate may agree that the magistrate is to constitute a Magistrates Court at another place for an agreed period before the period mentioned in subsection (3) (b) ends. (sec.5-ssec.5) Despite subsection (3) and before a period mentioned in the subsection ends, the Chief Magistrate may, for good reason directly related to the magistrate, decide that the magistrate is to constitute a Magistrates Court at a place other than a place mentioned in the magistrate’s appointment. the magistrate’s incompatibility with the local community the magistrate’s incompatibility with another magistrate at the place is detrimental to the efficient functioning of the court (sec.5-ssec.6) The Governor in Council may appoint a District Court judge or a magistrate to be the Chief Magistrate either at the time of the person’s appointment as a judge or magistrate or at any time afterwards. (sec.5-ssec.7) The Governor in Council may appoint 1 or more magistrates as a Deputy Chief Magistrate. (sec.5-ssec.8) A person’s appointment as a magistrate is taken to be an appointment on a full-time basis unless the appointment is stated, in the instrument of appointment, to be on a part-time basis. (sec.5-ssec.9) A magistrate, although appointed on a full-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a magistrate on a part-time basis. (sec.5-ssec.10) A magistrate, although appointed on a part-time basis, may, if the Attorney-General agrees in writing, exercise the jurisdiction, powers and functions of a magistrate on a full-time basis. (sec.5-ssec.11) A magistrate is to be appointed under this Act, and not under the Public Sector Act 2022 . - (a) the place where the magistrate is first to constitute a Magistrates Court appointed under the Justices Act 1886 , section 22B (1) (c) and the period, not longer than 1 year, the magistrate is to constitute a Magistrates Court at the place; and - (b) the place, which may be the place mentioned in paragraph (a) , where the magistrate is next to constitute a Magistrates Court and the period, not longer than 5 years, the magistrate is to constitute a Magistrates Court at the place. - • the magistrate’s incompatibility with the local community - • the magistrate’s incompatibility with another magistrate at the place is detrimental to the efficient functioning of the court