Although considerable efforts have been made to reduce delays, the judiciary does not hold all the levers necessary to eliminate them. Significant systemic constraints are at play, particularly around judicial resourcing. There is a clear need for more judges in the District Court, High Court, and Court of Appeal. For example, the statutorily imposed limit on the number of judges that can be appointed to the High Court and Court of Appeal has not been raised since 2004.
— Winkelmann CJ, NZLS Speech, May 2025
Section 133 of the Senior Courts Act 2016 and section 28 of the District Court Act 2016 state that judges in New Zealand must retire at age 70. Both Acts allow for the appointment of acting judges on renewable fixed terms up to age 75. However, the full-time working life of a New Zealand judge ends on their 70th birthday.
Two of the six judges currently serving on New Zealand's Supreme Court will turn 70 in 2026: Justice Susan Glazebrook (in February) and Justice Forrest Miller (in July). While they will doubtless be replaced well in advance and may continue to contribute institutional wisdom and continuity in acting roles, their departure will mark a significant reshuffling of our highest court.
Since 2007, several common law jurisdictions have raised their judicial retirement ages.
In March 2022, England and Wales raised the mandatory retirement age for judicial office holders from 70 to 75. It was the first change in 27 years, following a full consultation that received over 1,000 responses from the judiciary, magistracy, legal profession, and other key stakeholders. Scotland soon followed suit.
The majority of submissions supported raising the age limit to reflect improved life expectancy and growing demand on the courts. The change was also expected to improve diversity by creating opportunities for individuals applying to the bench later in life — especially those who had taken time out of their careers for family or other responsibilities.
New South Wales increased the mandatory judicial retirement age from 72 to 75 in 2018. The legislation was "backdated", giving sitting judges the option to extend their terms under the new rules. Attorney-General Mark Speakman said the reform reflected broader social trends of people living and working longer, and would allow experienced judges and magistrates to continue contributing to the justice system rather than being forced into early retirement.
Tasmania followed suit in 2021, also raising the retirement age from 72 to 75.
One of the most frequently cited reasons for raising the judicial retirement age is increased life expectancy and improved health — eighty is the new seventy. Statistics New Zealand reports life expectancy at birth as 85 years for females and 81 years for males (not disaggregated by ethnicity).
A recent all-bench report recommended raising the retirement age to 72. That seems both a sensible and fiscally responsible measure, as we continue the mahi of experienced judges working to reduce delays and ensure timely access to justice.