Hanging the judge

The role of the courts in our democracy depends on an independent judiciary - judges must be free to make decisions without intimidation, fear of consequences or interference from the government.

- David Harvey

This is one reason judges have judicial immunity.

The present law is that high court judges, like legislators, effectively have total immunity from legal action, as long as they are acting in their judicial capacity. Associate judges, acting judges and district court judges have the same immunity as high court judges.

Judges enjoy absolute immunity from civil suits for actions done in a judicial capacity, even if done wrongly or with malice. The primary foundation is common law (influenced heavily by English law), confirmed and developed by New Zealand case law.

If a judge performs acts that are purely administrative (not judicial), they may not be protected. The key question is whether the act was done in a judicial capacity.

Judicial immunity does not protect a judge from criminal liability if the judge commits a crime while acting as a judge. However, allegations of criminal misconduct by judges are rare and are handled with particular care.