Older judges seen as solution

The retirement age of judges may be lifted to 70, or even higher, as the Government seeks to ease recruitment worries.

Attorney-General David Parker has accepted advice from Ministry of Justice officials that the law requiring judges to stand down at the age of 68 could be examined. It is expected to be considered within six months.

The setting up of the Supreme Court, which has absorbed five of the country's most experienced judges as a new final appeal tier, and higher earnings available to barristers, has placed pressure on the pool of judges available.

Courts are already under pressure from high workloads.

Newly retired Supreme Court judge Sir Kenneth Keith, who is described as one of New Zealand's sharpest legal minds, has been dubbed by friends "a past and future" judge.

He turned 68 this month and had to retire, but in February takes up a posting at the International Court of Justice in the Hague.

When his nine-year term ends, he will be 77.

"At least there is a term, so people can make the calculation when they're looking at the election of how doddery they might be at the end of it all."

He said while he might be speaking from a "prejudiced" viewpoint, while people were fit and active there was no reason why they could not work as judges into their seventies.

A law change which would allow for the appointment of another Appeal Court judge was before Parliament before the election, but a change to the retirement age of judges could now be considered as well.

Mr Parker, a trained lawyer, said through a spokesman he agreed with officials a change might be necessary. He would not comment further.

Ministry papers say the compulsory retirement age of 68 in New Zealand is low compared with countries such as the United Kingdom and Australia where it is mainly 70, especially for higher courts.

In New Zealand, the retirement age for the high courts used to be 72, but was lowered to 68 more than two decades ago.

The papers say the present retirement age can discourage the recruitment or limit the contribution of senior law practitioners.

The New Zealand Law Society has no fixed position on what the age should be, but civil litigation and tribunals committee convenor Kenneth Johnston said factors affecting the recruitment of judges included remuneration but also a changed view about moving on to the bench.

He said there was a time when judicial office was seen as the pinnacle of a law career, but that was now influenced by personal factors such as lifestyle.

His personal view was there was a good argument for raising the retirement age.

Mr Johnston also said removing legislative limits on the numbers of judges - allowing attorneys-general more flexibility in appointments according to need - could also be considered.

The rewards

* Pay for judges ranges from $215,000 to $348,000