Land Court Act 2000

This section applies if the person (the relevant person) holding appointment under the LRT Act, section 7 as the president of the LRT—

resigns the person’s office as president (the resignation); and

at or about the same time as the resignation takes effect, is appointed as a District Court judge (the new appointment).

From the new appointment, and while the relevant person holds the appointment, the salary, allowances and rates of allowances payable to the relevant person cease to be those payable to a Supreme Court judge and become those payable to a District Court judge.

On being appointed, the relevant person is entitled to receive a single payment of an amount equal to the difference between the salary, allowances and rates of allowances payable to a Supreme Court judge and those payable to a District Court judge for the period starting on the day of appointment and ending on the prescribed day.

The State has no liability of any kind, other than as provided for in subsection (3), to compensate the relevant person in any way because of the resignation and new appointment, and in particular because of any reduced salary, allowances and rates of allowances payable to the person after the prescribed day.

Subject to subsection (6), the relevant person retains all entitlements accrued but not received by the person while the person was the president of the LRT.

Leave, including leave of absence under the Judges Pensions Act, accrued by the person and not taken before the date of appointment is to be paid at the salary applicable to a District Court judge.

Subsection (8) applies if, after the new appointment, the relevant person continues uninterruptedly as a District Court judge until the person—

retires after the prescribed day; or

retires or is removed from office as mentioned in the Judges Pensions Act, section 5(1); or

earlier dies.

The Judges Pensions Act, to the extent that Act provides for the payment of any pension, including for example the payment of a pension to a spouse or child, is taken to apply in relation to the relevant person as if the person—

had been a Supreme Court judge from when the person was appointed president of the LRT until the person’s retirement or death as mentioned in subsection (7) (the relevant period); and

had been entitled to the salary, as defined under that Act, of a Supreme Court judge as applying from time to time in the relevant period.

In this section—prescribed day, in relation to the relevant person, means the first day on which the relevant person would become eligible to receive a pension under the Judges Pensions Act, section 4, if the relevant person retired from office (otherwise than because of permanent disability or infirmity as specified in section 5 of that Act) on that day. s 86ins 2007 No. 39 s 27