CHAP. 1] THE TENURE OF JUDICIAL OFFICES 1333 
legislate as it did by Act 50 Vict. No. 36, s. 5, which provides 
that after the commencement of that Act the nomination and 
appointment from time to time of the Judges of the Supreme 
Court by virtue of any power in that behalf enabling shall 
be by the Governor in Council by letters patent under the 
Public Seal of the Colony, any law, statute, charter, or usage 
to the contrary notwithstanding. 
In the case of New Zealand, the legislation with regard to 
judges is set out in the judgement of the Privy Council in 
the case of Buckley v. Edwards,? which established on a secure 
basis the independence of the judiciary. This case was 
decided by the Privy Council in 1892 on appeal from the 
Court of Appeal of New Zealand. The question which arose 
there was whether the respondent had been authoritatively 
appointed a Puisne Judge of the Supreme Court by virtue 
of a Commission dated March 2, 1890. It was held in the 
Court of New Zealand by a majority that the appointment 
was valid, while the minority held that as there was no 
vacancy on March 2, 1890, by death, removal, or resignation 
of any of the four judges who made up the Court, and as the 
General Assembly had not appointed out of revenue a salary 
for a fifth judge, there was no power on the part of the Crown 
to appoint the respondent. As a matter of fact, the House 
of Representatives had refused to vote a salary for the judge, 
and had refused leave to bring in a Bill to validate his 
appointment. It was contended for the respondent that 
the Governor had power to appoint him, having regard to 
the prerogative and under the legislation of New Zealand. 
The judgement of the Court was against the respondent. 
The respondent was appointed to be a Commissioner under 
the Native Land Courts Acts Amendment Act, 1889, and partly 
in view of the importance of the post, and partly because of 
the delay in the ordinary work of the Courts, the Government 
In the case of the other Colonies the old charters were altered by the 
Constitution Acts. For the causes of the passing of the Act of 1865. see 
Blackmore, Constitution of South Australia, pp. 64 seq. 
* [1892] A. C. 887. Provision has been made in 1910 by law (No. 68) 
for the addition of a new judge. Cf. Quick and Garran, Constitution of 
Commonwealth, pp. 727 seq. See Const, Stat. 1908, No. 89, ss. 4-15; 
No. 22. Sched 9