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April 2017 FIAT JUSTITIA Volume 86 RUAT CAELUM Justices’QUARTERLY Number 1
A precious gift from Te Arawa people Page 2 PRESIDENT’S PAGE 1 An honour to our role he Royal Federation of New Zea- mandate to engage with our Minister land Justices’ Associations re- and Ministry to address this important Tceived and accepted a precious issue. Subsequent to the Conference, gift from the people of Te Arawa at the Board representatives have met with beginning of Conference 2017 in Roto- the Minister and he is looking forward rua on March 3-5. to receiving further representation from That gift is a Maori name for the Feder- us on the subject. ation: Te Kāhui Pou Whakatau Ture O This Conference was significant for an- Aotearoa. Although not a literal trans- other very important reason: the retire- lation of the Federation’s title, it de- ment of Federation Registrar Alan Hart. scribes the Justice of the Peace role in Alan was farewelled at the conclusion the communities we serve. On behalf of of Conference by me, on behalf of all its 29 member associations, the Federa- associations. Amongst many other tion sincerely thanks the people of Te things, I mentioned that he was not Arawa for their kind gift. alone in his 15 years in the role because The gifting and acceptance ceremony the lives of his wife Angela and his two was an appropriate opportunity to ac- daughters Sophie and Melanie had also knowledge the 50th anniversary of the been affected by the ebb and flow of the election of the first Maori President of Justice of the Peace calendar of events. In thanking Alan for his long and dedi- the Federation, Mr P H Leonard, from Federation President Denise Hutchins Te Arawa. It was also the 50th anniver- cated service, and his family for their sary of the Queen granting us the use support of him, we wished him well for of the word “Royal” in the Federation’s Mr Temm gave a provocative, and for the next stage of his life. Alan also ad- title. some a challenging address that cer- dressed the delegates, indicating it had been a privilege to serve the Justice of After such an auspicious beginning the tainly provided delegates with plenty to the Peace community and wished eve- Conference could not help but be a suc- mull over. ryone the best for the future. cess, and so it proved. The organisa- Twelve remits had been submitted to tional skills of the Rotorua and Districts Conference this year. Two were sub- Tony Pugh, our new National Manager, association conference committee, un- sequently withdrawn at the AGM, and officially took up the role on Monday der the leadership of convenor Barry of the remaining 10, eight were carried March 6. Tony was present at Confer- Gaylard, were outstanding, and much and two were lost. All those carried will ence and was able to meet many of the of the credit for a very successful event now be acted on by the Board. Perhaps association presidents, registrars and must go to them. It was pleasing to see the most significant remit carried was delegates with whom he will be work- 28 of the 29 associations present and one from the Marlborough association, ing. We wish him all the best in the new participating. which stated: “That in recognising the job. Proceedings were opened by Todd Mc- right of the public to competent service There was one change to the Board Clay, Member of Parliament for Roto- the Board, in consultation with associa- for 2017-18: Cathy Hurst was elected rua and Minister of Trade, standing in tions, consult with the Ministry of Jus- Southern Regional Representative, for Associate Minister of Justice Mark tice in order to explore means by which replacing Gavin Evans. We welcome Mitchell, whose travel arrangements the level of competence of Justices of Cathy and thank Gavin for his com- had been disrupted. However, Mr the Peace may be monitored and en- mitment to the role over the past three Mitchell was able to address the AGM hanced.” years. briefly the next morning. He thanked This remit encapsulated many of the is- This is shaping up to be another busy Justices for their work in the commu- sues that associations have raised over year for the Federation. I want to thank nity and indicated he is looking forward the years in relation to those Justices each and every one of you for your con- to working with the Federation to pro- who do not keep themselves up to date, tinued service to your communities, gress matters relating to Justices of the and thus bring their competence into and promise you that the Board will Peace. question. While the obligation, and in- continue to work for you to the best of The Rotorua and Districts association’s deed expectation, is currently there for our ability. theme for the Conference was “Em- individual Justices to maintain their powering Justices for the Future”. In competence, there is no ability to ensure Denise Hutchins line with that theme they had invited compliance beyond encouragement to Jonathan Temm QC to address the del- do so. This remit provides the Board, in egates prior to the business sessions. consultation with associations, with the Page 1 NEWS End of an era By Geoff Davies, Quarterly Editor what a very kind man Alan is. I have also his issue marks the end of the for- been very fortunate to see all the extra mal association with the magazine of things Alan makes a point of doing. This Alan Hart, who has now retired from includes for Justices as well as for friends Tthe role of Federation Registrar. and other organisations that Alan is a part AND ITS AFFILIATED ASSOCIATIONS of. He gives more than what is just re- Everyone associated with this magazine, Te Kāhui Pou Whakatau Ture O Aotearoa quired for his role, because he cares.” in any capacity, has been the beneficiary I heartily endorse her comments. Thank of Alan’s tenure in the National Office. EDITOR: GEOFF DAVIES JP you, Alan. We are very much in your debt. Over the years, on countless occasions, he Email: [email protected] has provided a level of support and assis- There is a second change for the Quarter- Phone: 04-472-5566 tance to the magazine, and to me as editor, ly from this issue: by mutual agreement, NATIONAL OFFICE: TONY PUGH JP far beyond the requirements of his job. I Trevor Morley’s Salvo column has been PO BOX 5005 LAMBTON QUAY am deeply grateful to him: he has done an discontinued. By professional standards, Trevor has been the epitome of a success- WELLINGTON outstanding job. ful columnist: whether readers agreed Telephone 04-918-8447 Fax 04-918-8034 Perhaps this is because, to him, working or disagreed with his opinions, he made Email: [email protected] for the benefit of all Justices has been us think, and did so in an knowledgable Website: www.jpfed.org.nz much more than a job. Sue Scutter, who and entertaining manner. If there was ISSN 2382-12164 (print) is like Alan a former president of the Wel- one thing I could be sure of arriving at ISSN 2382-1272 (on-line) lington association, and relieved as Na- Conference each year, it was that several tional Education Officer for a time last people, at least, would have something to year, put it like this: say about Salvo! I thank him for the great “It is clear that Alan is very passionate reading he has provided for many years. about our organisation, but after working The magazine has been the better for his so closely with him, I realise even more contributions. April 2017 VOL 86 No: One LETTER TO THE EDITOR t a recent regional conference (and to reflect their views as members of the Conference 2017 2-6, 14-16 many times over the years) I heard Federation. Education 7-10 Asuch comments as: “What’s the Fed- So, when we ask the question: “What is A ceremony of honour 11 eration going to do about it?” “The Fed- the Federation going to do about it?” just eration ought to . . . .” and “Let’s leave what are we asking and of whom? Are we Crossword 12 that to the Federation” and so on. asking ourselves, the associations (as the Visit to court on marae 13 The inference one takes from such utter- Federation), or are we asking the Board ances is that some people think that be- on our behalf? Hubbard inside back cover yond associations there is another body When we put up a remit to Conference Appointments outside back cover called the Federation - like the internet we are asking the Board to enact it if it “cloud”, maybe. is passed. Its passing – or rejection – is a Alternatively, and possibly more often, decision of the Federation, i e the voice of when using the term people are simply the 29 assembled associations. Patron: The Rt Hon Dame Patsy Reddy GNZM referring to the Board. QSO Governor-General of New Zealand So, let us get our nomenclature right. If Wrong! Let’s get it right! it’s the Board whom we wish to take ac- President: Denise Hutchins JP We, the 29 associations, acting jointly, are tion, let’s call them that – the Board, for Immediate Past President: Graeme Kitto JP the Federation. The Board is our elected that’s what they are. They are just a part Rachael O’Grady JP Vice-President: executive arm, and the staff at the national of the Federation. Northern Regional Representative: office are recruited by the Board acting on If it’s ourselves as associations we wish to Peter Osborne JP delegated authority from the Federation. address, then let’s do that by the name un- Auckland Regional Representative: And that’s it! der which we exist – the Royal Federation Patrick Samson JP of New Zealand Justices’ Associations. Central Regional Representative: When we elect our President and Vice- Terry Byrne JP President, we elect them as the leaders of Gavin Kerr (Marlborough) Southern Regional Representative: our Federation’s executive arm and, by Cathy Hurst JP inference, as leaders of our Federation as Honorary Solicitors: Buddle Findlay a whole. Or if you prefer, the other way Moving with the times round: there’s no real difference, it’s just • If you have already asked to receive National Manager and Registrar: Tony Pugh JP MBA BBS ACA where you want to place the emphasis. the magazine electronically but you National Education Officer:Stephanie Dodd Similarly, when associations elect their are still getting the hard copy, please Administration Officer:Sarah Gillard regional representatives, they are choos- advise the administrator. ing the voice of that region on the Board, Editor, NZ Justices’ Quarterly: Readers have the option of receiving the Geoff Davies JP Quarterly as a PDF rather than a hard copy. To take up this offer please advise ON THE COVER: Federation President Denise Hutchins and Immediate Past the office by email: administrator@jpfed. President Graeme Kitto with the certificate conferring the Maori name of the org.nz. Federation (Te Kāhui Pou Whakatau Ture O Aotearoa) by the people of Te Telephone requests will not be processed. Arawa at Conference 2017 in Rotorua. Picture: CATHY COONEY Page 2 CONFERENCE 2017
Federation President Denise Hutchins is received at the powhiri before Conference. On her left is Rotorua Lakes Council Cultural Ambassador Trevor Maxwell.
Rotorua Conference focuses on the future The 89th Conference of the Royal Federation of New Zealand Justices’ Associations was held in Rotorua during March 3-5, themed “Empowering Justices of the Future”.
By KEVIN GEDDES the Maori name for the Royal Federa- for Associate Minister of Justice Mark tion of New Zealand Justices’ Associa- Mitchell, whose travel arrangements Pictures: NOEL LOWE tions by Te Arawa. The Maori name for had been disrupted) and Federation the Royal Federation is: Te Kahui Pou President Denise Hutchins. Whakatau Ture O Aotearoa.” onference 2017 opening Mr Mitchell was able to be present on events began with a powhiri, Delegates spent the rest of Friday in Saturday morning and addressed Con- and then consistent with a re- presidents and registrars meetings, fol- ference at the beginning of the busi- mit from the 2016 Conference lowed by regional workshops. At the ness session. He commended Justices (“That the Royal Federation evening’s formal opening, after a tra- for their contribution to justice and of New Zealand Justices’ Associa- ditional Maori welcome, the speakers expressed strong support from the Gov- C ernment for the role of Justices in New tions Incorporated recognises Te Tiriti were Noel Stevens, the president of O Waitangi, The Treaty of Waitangi the Rotorua and Districts association, Zealand. and endeavours to adhere to its princi- Rotorua Lakes District Council Mayor Jonathan Temm QC, a former president ples”) a Maori name was conferred on Steve Chadwick, Ministry of Justice of the New Zealand Law Society, took the Federation by the Te Arawa people. Group Manager Courts and Tribunals the Conference theme of “Empower- The certificate reads: “This Certificate Jacquelyn Shannon, local MP and Min- ing Justices of the Future” as his sub- records the gifting and acceptance of ister of Trade Todd McClay (standing in ject. In a wide-ranging address he noted Page 3 CONFERENCE 2017
Local Maori welcome the Federation Board to Rotorua at the powhiri.
increases in violent crime, drug abuse, will now become one, making it the youth and Maori offending, and that largest court in Australasia. Currently New Zealand’s record rates of impris- New Zealand has 176 District Court onment had not stopped the increase in judges and District Courts handle offending – that for people who have 200,000 matters annually. Criteria for nothing to lose, imprisonment is not a appointment as a judge include humil- deterrent. Society needs to show more ity and a sense of public service. Chief vision, leadership and compassion and Judge Doogue supported expansion of tackle the causes of offending. the judicial Justice of the Peace juris- Past Federation President Gavin Kerr diction and in noting that lay magis- was the Conference procedural officer, tracy has a long history, she said that and in that role he addressed the remit “justice provides the social glue with- passed at Conference 2016 in Dunedin out which society crumbles”. She also that called for Conferences to be held commended retiring Registrar Alan biennially. The Federation Constitution Hart and thanked him for his commit- requires that a Conference be held eve- ment in that role over the years. ry year and that the Constitution may Conference then moved to remits. The Marlborough association successfully not be altered by way of remit. He stat- Jonathan Temm QC addressing ed that as the remit was ultra vires, the moved that the Board discuss with the Conference. vote was in error. If North Otago as the Ministry of Justice a mechanism to en- mover of the remit wished to proceed to sure that all matters within the jurisdic- alter the Constitution in this way, a No- tion of judicial Justices be placed before tice of Motion would have to be given judicial Justices, and that the jurisdic- to the 2018 Annual Conference. tion of judicial Justices be extended The Federation Board’s Annual Re- to cover all Category One offences, port included an outline of progress including local government by-law of- with Accreditation. After six months, fences. Both remits were carried unani- 20 percent of Justices have become ac- mously. A further remit from Far North credited. The report also noted the staff successfully sought to have the jurisdic- changes in the Federation office, the ap- tion of judicial Justices extended to that pointment of a new National Education of Community Magistrates. Officer (NEO) and the pending -retire Conference supported a further remit ment of long-serving Registrar Alan from Marlborough that asked the Board Hart. National Manager and Registrar- to discuss with the Ministry means to elect Tony Pugh was introduced. monitor and enhance the skills of judi- The next speaker was Chief District cial Justices. Court Judge Jan-Marie Doogue, whose Auckland successfully moved that the subject was change in the judicial sys- Chief District Court Judge Board make the results of on-line in- tem. All New Zealand District Courts Jan-Marie Doogue duction and accreditation assessments Page 4 CONFERENCE 2017
Federation Vice- President Rachael O’Grady addresses the Conference open- ing ceremony. Also, from left, Rotorua MP Todd McClay, Federa- tion President Denise Hutchins, Ministry of Justice Group Manager Courts and Tribunals Jacquelyn Shannon, Rotorua Lakes Mayor Steve Chadwick, and Rotorua and Districts association president Noel Stevens. available to association trainers (with the names removed). This information will be used to assist trainers in associa- tion training sessions. A Nelson Tasman remit asked the Board to seek common wording on documents used by banks and financial institutions. Nelson Tasman also asked that Ministry approval be sought for the use of our JP numbers to be accepted as an Official Identifier. Both remits were accepted. The Ashburton association successfully asked that because of the low uptake by members of receiving the Justices’ Quarterly electronically, the Board re- visit the decision to replace the hard copy magazine with electronic distribu- Pat Samson, Harold and Rachael O’Grady, and Tony Pugh at the opening. tion by 2020. The remit asked that the Quarterly be retained as a sponsored magazine carrying information to Jus- tices, but also, importantly, promoting the work of Justices in the community. The North Otago association gave a Notice of Motion to Conference 2018 that they will move that rule 19 (a) be changed to allow the frequency of Con- ference from annual to biennial. The election of officers saw most of the sitting Board returned: President, Den- ise Hutchins; Vice-President, Rachael O’Grady; Immediate Past President, Graeme Kitto; Northern Regional Rep- resentative, Peter Osborne; Auckland, Pat Samson; Central, Terry Byrne. With the retirement of Gavin Evans from the Southern Region, Cathy Hurst from North Otago becomes the new Southern Regional Representative. An interesting paper was presented by Alan Hart with Denise Hutchins and Federation Past Presidents: stand- Board member Pat Samson on the fu- ing, from left, Gavin Kerr, John Falconer, Kevin Geddes, Graeme Kitto; ture of the Education Trust. The trust seated, from left, Alison Thomson, Tony Israel, Denise, and Alan. Page 5 CONFERENCE 2017 as submitted to Conference last year. It was noted that the 2015-2018 Contract for Services with the Ministry of Justice now includes the previously separate Court Panel Grant. Conference con- firmed the appointment of Cross Finan- cial Services as Financial Reviewer and Buddle Findlay as Honorary Solicitor. Future Conference venues were con- firmed as Marlborough in 2019 and South Taranaki in 2020. Conference also approved capitation fees remaining at $15, and no charge for the Justices’ Quarterly. The Communication Grant will remain at $3 per member. The Conference dinner was an occasion of good food, good fellowship and fun with the drawing of the many raffles. Delegates and guests were entertained by the Rotorua Lakes High School Denise Hutchins farewells Alan and Angela Hart. choir, who presented a well-chosen se- was formed in 1974 when the then Gov- (NEO) support and the Emerging Lead- lection of choral music. ernor-General, Sir Denis Blundell, told ers programmes. Sunday morning began with an ecu- Conference that year that the Federa- Going forward, funding options will menical service conducted by Rev tion was “far too short of finance” and need to be explored. As a registered Ray Bloomfield QSM JP and Rev Eru that they should do something about it charitable entity, tax credits are avail- Edward George JP. Scripture readings otherwise the organisation could fail. able to donors to the trust so all Justices were given by Federation President Justices responded by initially fund- could be approached for a contribution Denise Hutchins and Rotorua and Dis- ing $40,000 from donations and grants as in 1974, or people using Justices at tricts president Noel Stevens. One of and establishing a policy that the trust service desks could be asked for a do- the more memorable quotations from funds should be built to a minimum nation. Conference favoured refreshing the service is one attributed to St Au- of $100,000. This was achieved and the trust, but not asking for donations gustine: “Without justice, what are subsequently the Education Trust has from members of the public using ser- kingdoms but bands of robbers?” funded continuing education and train- vice desks. The paper will be distrib- The Sunday business session began ing projects, and more recently the uted to all associations. with reports to Conference from the Emerging Leaders programmes. Future The Federation accounts were present- presidents and registrars meetings, and options include using trust funds for ed in the new format compiled to meet the Conference workshops took place. projects such as the establishment of External Reporting Board Standards Workshops on Governance, Social Me- an electronic library, an annual train- and showed a surplus of $28,600, com- dia, People Count On Us, Effective ers seminar, National Education Officer pared to a budgeted deficit of $44,302 Connecting and Rangatihi Courts were
Associate Justice Minister Mark Mitchell with members of the Rotorua Conference committee. Page 6 CONFERENCE 2017 held with full delegate participation. arrangements, warmth of the welcome whom he works. In making a presenta- A new approach to Conference man- (and colourful hats) of the Conference tion to Alan and Angela, and wishing agement proposed by the Board is the committee members. them the very best for the future, she appointment of a procedural officer Retiring Registrar Alan Hart and wife expressed the thanks of the Federation and the thanks of all Justices to them on November 1 each year. This pro- Angela were invited to the stage, where both, and their daughters Melanie and posal has been made to ensure remits Alan’s contribution to the Federation Sophie, for all they have done for JPs. presented to Conference are managed over his 15 years of service was re- according to the rules and to avoid the called. Denise said that Alan’s work has In response Alan expressed his enjoy- constitutional issues that arose when a been “the thread that held the fabric of ment of the role and his delight in ser- remit passed by the 2016 Conference the Federation together”. She reflected vice. He commended all Justices: “You was subsequently declared ultra vires. that when Alan became Federation do a fantastic job for the New Zealand public.” He also noted that “there is no Bob McGregor and Ian Hay from the Registrar in 2002 he identified systems such thing as an indispensable man”. Canterbury association presented their and processes essential to the working invitation to delegates to attend Confer- of the organisation. The huge amount of Denise then invited new Southern Re- ence 2018 in Christchurch over March work to get the 2007 Amendment to the gional Representative Cathy Hurst to 2-4 2018. To the stirring sounds of the JP Act passed and the very good out- join the other Board members at the Crusaders’ theme music (“Conquest of comes from that legislation have placed top table and wished them all a produc- Paradise”) and stunning views of the the work of Justices in a much better tive and enjoyable year on the Board. natural beauty of Canterbury the 2018 place than previously. After thanking all delegates for their at- tendance and their contributions to the programme was introduced. 2018 is The Federation now has a full-time Na- also the centenary year of the Canter- Conference, she then formally declared tional Education Officer and was able to Conference closed. bury association. take over and rewrite the Judicial Stud- President Denise Hutchins moved a ies programme, raising the performance • More Conference vote of thanks to Rotorua and Districts of judicial Justices. Denise spoke of the coverage PP14-16 Conference chairman Barry Gaylard high regard in which Alan is held by the for the excellence of the Conference Ministry of Justice and all those with
The Federation Board for 2017-2018: standing, from left, Pat Samson, Peter Osborne, Terry Byrne, Graeme Kitto; seated, from left, Cathy Hurst, Denise Hutchins and Rachael O’Grady. Page 7 EDUCATION Page 7
Compiled by STEPHANIE DODD: [email protected] 04-918-8445 APRIL 2017 From the National Education Officer tephanie Dodd took up the role of National Tēnā koutou katoa, Talofa lava, Bonjour, Education Officer (NEO) in mid-March. Mālō e lelei: warm greetings to She joins newly-appointed National Man- S everyone from the new NEO ager Tony Pugh and Administration Officer Sarah Gillard at the Federation’s Wellington First, I would like to thank all who have wel- office. comed me and given assistance and offers of help Stephanie’s background is in education, while I become familiar with this new role. It is having taught in both primary and sec- very much appreciated. ondary schools. Recently she has been Second, I officially started in the role mid- working with secondary school teach- March and it is possible there may have ers in the area of professional learn- been some confusion about who was re- ing and development, with a focus on sponding to emails sent to trainer@jpfed. enhancing outcomes for all learners, org.nz before that date - apologies for any and in particular to assist teachers in providing support for inconvenience or confusion caused. learners for whom English is an additional language. This involved working with school leaders and teachers, and in- Finally I would like to acknowledge the wisdom and expe- cluded collaboratively analysing relevant systems, policies rience of the Justices of the Peace community. I welcome and data to help improve practices. feedback from you as to the content of these education pages and together we can work to ensure that they are as She hopes to use this experience in the NEO role to sup- useful to you as possible. Please feel free to send through port Justices of the Peace and particularly those involved ideas and items plus any greetings in languages other than in the education and training of Justices. She looks for- English that you would like to see used. ward to having contact with Justices and can be reached by telephone on 04-918-8445 or at [email protected] Thank you.
Follow-up to January issue In the January issue there were some suggestions about “As the enduring power of attorney (as opposed to an or- what a Justice of the Peace could do if a person was physi- dinary power of attorney) comes into force when the client cally unable to sign a statutory declaration, and the article lacks the mental capacity to make their own decisions the included a request to send further suggestions. Some feed- enduring power of attorney must do the signing and the back has been received - thank you. signing should not be done by the client even if the client has the physical ability to do so.” John found the suggestion that if a client was unable to physically sign a statutory declaration and had an endur- Another suggestion came from Tim: ing power of attorney that would allow another person to “The Justice of the Peace could, with the offer of assisting sign on their behalf, somewhat misleading, and made this the client, mark their statutory declaration with a finger- comment: print and then complete the jurat as usual.”
Enduring powers of attorney: changes to PPPR Changes to the Protection of Personal and Property Rights by the donor after the commencement of this paragraph, Act 1988 (PPPR), which came into effect on March 16, can the witness believes on reasonable grounds that the do- be summarised as follows. nor – • Less restrictive requirements for mutual appointments: i. understands the nature of the instrument; and The new section 94A (4A) allows the same authorised ii. understands the potential risks and consequences of witness for the respective donors where there is no more the instrument; and than a negligible risk of conflict of interest. iii. is not acting under undue pressure or duress and” • Standard Explanations: The new section 94A (6A) pro- vides that the donor’s witness may use the standard ex- • Optional provisions revoking previous EPAs and provi- planation prescribed by regulations to explain the effects sion for giving notice of this revocation: The new sec- and implications of the EPA. tion 95A allows provision in the EPA to revoke all previ- ous EPAs and to give notice of the revocation, including • Additional certification requirements for the donor’s wit- after the donor loses capacity. ness - the new section 94A (7) (ab). • Duty of attorneys to consult: Section 99A (1) is amended “(ab) in the case of an enduring power of attorney signed Page 8 Page 8 EDUCATION APRIL 2017 to expand the duty. Consultation will be required with ment without revoking the EPA if a successor attorney any other EPA attorney of the donor (but not with a suc- is appointed, and clarifies that an EPA appointing more cessor attorney whose appointment has not taken effect). than one attorney with several joint-and-several authori- ty will only cease to have effect when the last remaining • Medical certificates of incapacity no longer in prescribed attorney’s appointment is revoked by the donor under form: the medical certificate must still contain the pre- new section 106A or otherwise ceases to have effect. scribed information – as per the amended section 99D. Source: “Enduring Powers of Attorney changes go live • Revocation of appointment: The amended section 106 on 16 March” by Theresa Donnelly and Neil Williamson, will allow the donor to revoke an attorney’s appoint- LAWTALK February 2017 Certifying copies from a mobile phone Compare the screen with the printed version that has been brought to you. Ensure it is the original. N.B. Scanned documents are NOT originals. Write on the printout:
I certify this is a true transcript printed without alteration from the phone screen which I saw today.
or
I certify I saw the original version of this document on a phone screen and that this printed copy is a true reproduction. or words to that effect.
Refer: 5.8 Justice of the Peace: Ministerial Duties Manual. Items printed from websites and email attachments
Having trouble logging into the Federation website?
To log into the Federation website: • Click JP LOGIN • Fill in your username (your username is your surname followed by your JP number - all in lower case and without spaces). • Fill in your password and click the yellow LOGIN box. • If you have forgotten your password click on “Forgotten your password?” under the yellow LOGIN box. You will then be asked to fill in your email address and an email will be sent to you with your password. Page 9 EDUCATION Page 9 APRIL 2017 Need to change your contact details on the website?
To change your contact details on the Federation website: • Go to Member Services and click “My Account” on the left. • Click on “Account Maintenance”, and you can update your own contact details, including changes of address and phone numbers. • If you have concerns about safety you do not need to include your street number in your address. A client can obtain that when they phone to make an appointment. • While updating the above please also review the “Availability” and “Language Skills” boxes.
Changes to the application form for 18+ Card The application requirements for applying for an 18+ card have recently been updated and of note is the re- moval of the need to make a statutory declaration. There is now no longer the need for a JP to be involved in the application process. Step 6 on the application form, the “Official statement that you are telling the truth” no longer requires that it Please note: Applications need to be made on the new be signed in front of a Justice of the Peace, or other ap- form as the old version is no longer accepted. proved witness. Reference: http://www.18plus.org.nz/
SuperGold Card: an alternative form of identification to the 18+ Card As it is no longer necessary for a statutory declaration to be made by an applicant for an 18+ Card, an alternative form of identification for Su- perGold Card holders is to have a photograph placed on their SuperGold Card. This is done free of charge by visiting an AA Driver and Licensing outlet. The original identification that was used for “Proof of Identity” when the SuperGold Card was applied for needs to be shown. A photo- graph will be taken and a new SuperGold Card with the photo will be sent to you. For more details refer to https://tinyurl.com/l36d4wx Page 10 Page 10 EDUCATION APRIL 2017 Information about Evidence of Identity It is useful to note that the SuperGold or Veteran SuperGold Card can be used to meet Objective E (use of the identity in the community), for the Department of Internal Affairs. An 18+ Card is also at “E” level. However, this does mean other agencies may require a higher standard to be met. There is quite a list of forms of ID recognised at https:// tinyurl.com/l37qlzf
Accreditation update The number of Justices to successfully complete Accreditation continues to rise! Well done. A reminder: Accreditation is a two-part process. 1. Answer correctly at least 45/50 questions on the online test. 2. Fill in the details about an education session attended in the previous 12 months. Please note that all the following steps need to be completed before the green Accreditation symbol will show by your name: • the date of your education session needs to be entered by clicking on the little calendar on the right of the box, date attended, then select and click on the date on the calendar rather than typing it in • associated education programme name: please enter the name of the session and/or where it was held • click the tiny box below to the left of “In clicking Submit I attest to the truth and accuracy of the entry I have made” • click “Submit”.
Update on the Judicial Studies Course 2017 This year there are 21 Justices enrolled for the Judicial Studies Course. We wish all the students every success with their studies and also thank their mentors for the invaluable support they are offering them. Fire and Emergency New Zealand New Fire and Emergency New Zealand legislation, due to take effect from July 1, will have an effect on issuing of- ficers. More information will be sent as it becomes available. Page 11 FEATURE Citizenship ceremonies an honour to conduct New Zealand Citizenship OATH OF ALLEGIANCE I,
By GRAEME KITTO
hat an honour to conduct the ceremony - as I have now done Wtwice – in which each person about to become a New Zealand citizen takes this Oath of Allegiance. As paragraph 10.6.2 of our Manual of Ministerial Duties reminds us, Justices of the Peace may be authorised by the Minister of Internal Affairs to conduct these ceremonies (Regulation 7 Citi- zenship Regulations 2002). The Depart- ment of Internal Affairs (DIA) requires the details of the Justice who has agreed to do this and the date when the cere- mony will take place at least one month before that date. Shortly before the ceremony the nomi- nated Justice will receive by courier the documentation required for the ceremo- ny and some information including: Graeme Kitto with new citizen Faimai Poe (centre) and community represent- • the card on which the Oath of Alle- ative Ruth Barrowclough (matai). giance is written, with spaces for the new citizen’s name and place of resi- dence the Department adopting a policy of necessary and for a Samoan woman, • a citizenship certificate for presenta- no longer requiring the signatures of a matai who is an elder in our church. tion to the new citizen any authorised person who issues cer- The participants may be happy with an • whether the new citizen has chosen tificates. A valid certificate will have the opening and closing prayer. This helped to swear or affirm the Oath of Alle- Department’s seal in the bottom left- in my personalising each ceremony for giance hand corner. the people concerned. • a letter of congratulations for the new For me, there are opportunities for Jus- Justices should note that the points num- citizen tices to do more than is required by the bered 1, 3 and 4 in paragraph 10.6.2 in DIA in conducting a citizenship cer- the Manual need to be rewritten. When • a high-quality book entitled CHOICE emony. While there is no instruction to the amendments are approved by the containing information about what do so, I confirm the identity of the new Ministry of Justice they will be notified citizenship means and the illustrated citizens before commencing the cer- to Justices. stories of others who have taken the emony and I have the new citizen sign New Zealand Oath of Allegiance the back of the Oath of Allegiance card • From April 5, the new homepage for • a DIA form on which the Justice con- which they retain. We also sing the New the New Zealand Citizenship Office is firms that the ceremony did (or if nec- Zealand national anthem. www.govt.nz/citizenship. It has been essary, did not) take place on the date In each ceremony, I have also involved specified. extended to include full and complete someone else as a representative of the information from the DIA website. The Note: The citizenship certificate con- local community; for a Mongolian cou- citizenship information has been rewrit- tains many security measures to pre- ple, a fellow Justice who spoke their ten to make things as simple and clear vent counterfeiting. These have led to language to assist with translation as as possible for customers. Page 12 NEWS A unique occasion he swearing-in ceremony last year of new Taranaki Justice of the Peace Sharron Betts was Ta unique occasion as it was also a “first” for the three resident District Court judges. Judge Gary Barkle conducted his first swearing-in ceremony since his appointment to the bench, and Judges Lynn Harrison and Chris Sygrove, at the time both recently appointed to the bench, were in attendance to observe the protocol. At the conclusion of the ceremony, the then associa- tion president, Paul Wadsworth, congratulated Shar- ron and welcomed her to the role. Judge Harrison, the first female District Court judge in the Taranaki region, presented judicial JP Fran Smith her certificate of successful completion of the Judicial Studies programme. – Paul Wadsworth
Left to right: Judge Gary Barkle; new Justice Sharron Betts; Judge Lynn Harrison and Judge Chris Sygrove.
Nelson JP sworn in Terry Byrne (left), then the Nelson Tasman association president, presents newly sworn-in Justice Howie Timms with his certificate last year. The swearing-in was conducted by Judge Left to right on the bench: Judge Harrison; Paul Tony Zohrab. Wadsworth; Judge Barkle and Judge Sygrove.
CROSSWORD 1 2 3 4 5 ACROSS: 5 Decorate a cake 1 She caused havoc in 6 Bud’s juice (anag 3,6) Edgecumbe (7,6) 7 Sweet 6 Deadlock (5-3) 8 Trailer (movies) 6 7 8 9 8 Schoolwork done out- 9 Simulated side a lesson 11 Scotland’s flag 10 Tree art 12 Unrehearsed 13 Provoke with criticism 18 Provoke reaction 10 11 12 13 14 Ready to explode 22 8th note of a major scale 15 Archaic freehold 24 Reproductive cells
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E I B B E D E N O L C Y 26 network C 4 Accused Page 13 NEWS JPs visit Te Kooti Rangatahi
By ALISTAIR KERR and JANET LIVINGSTON
group from the Te Awamutu branch of the Waikato associa- A tion recently spent an interesting morning observing a Youth Court held at the Kirikiriroa Marae in Hamilton. This marae is the centre of Maori cul- At Kirikiriroa Marae: standing (from left), Bill Fullerton, Brian Marcroft, Murray tural activity in Hamilton and these Mansfield, Alistair Kerr, Michael Williams, and Ted Tauroa. Seated (from left), Carol Tauroa, Pam McLaughlin, Janet Livingston, and Lynette Stafford. Kooti Rangatahi are held there every fortnight. The group of eight JPs in- accordance with protocol rather than of being connected with the whole pro- cluded two judicial Justices. Judge “status”. cedure. Denise Clark agreed to our request Ted Tauroa from Te Awamutu was one The addresses by the kaumatua (which made through Federation Past President of the speakers for the manuhiri. Then included Lawrence Jensen JP, whose Graeme Kitto to observe the court in ac- followed the whakawhanaungatanga – article in the Quarterly prompted us tion. establishing connections through intro- to arrange this visit) were interesting. The idea behind such a Court being held ductions in te reo Maori by the members Kept short and to the point, they backed on a marae is that justice can be served of the Court, emphasising their cultural up the judge’s comments with further in a setting which is not only culturally origins. (The offenders were asked to advice, particularly reminding them of significant to these young people but do likewise when they appeared.) After the need to think about their decisions which also reinforces who they are and morning tea, the hearings began. and to take responsibility for their own where they come from. In this way their Compared to a more conventional court, behaviour. They also provided links offending can be presented as behav- the proceedings were slightly more in- to others of their tribe, both historical iour which, while unacceptable, can be formal but with a similar sequence of and contemporary, and encouraged the dealt with in a way which involves their events. We were told that most offend- young people to build on the cultural cultural heritage. ers were charged with burglary, assault connections being made through this Those involved in each hearing were or driving offences. Penalties, detailed process. Judge Clark (herself of Maori descent), in the plan resulting from a Family We all felt that the Marae Youth Court a Police youth aid officer, the youth ad- Group Conference for each offender, is no “soft option” for the offenders. vocate (lawyer for the offender), Child included reparation, letters of apology, In fact, it would appear that, because Youth and Family staff, any social education or training obligations, coun- the court’s decisions are backed up by workers or mentors working with the selling or community service, this often relevant advice from their elders, the offenders, a Ministry of Education rep- being served at a marae. The young young people could well take that more resentative, a lay advocate and Ministry people have to continue to appear until to heart than if it were handed down of Justice staff. As well there is a panel they have satisfied the judge that they from the bench in a more formal set- of kaumatua who have the opportunity have met all requirements of their plan. ting. Graeme Kitto confirmed for us to speak to the offenders after sentence We observed two cases, but the judge that in the vast majority of cases this is has been passed. The offenders are all asked us to leave the meeting house for a successful way of dispensing justice under 17 and are encouraged to bring another. The judge, we felt, effectively and that the rate of recidivism was com- family members and other support per- combined her judicial duties with the paratively low. sons to the hearing. sensible advice which any responsible We suggest that other groups of JPs Each court day begins with a formal adult would give to any teenager. She could well organise such a visit. Ours powhiri. This ensured that tikanga (cul- spoke to them in a meaningful and a car- certainly helped give us a broader view tural practice) guides the process from ing way which we felt would encourage of the whole justice system as well as the outset. Being together “on the same the defendants to be more responsive to seeing what must be a unique but effec- level” provides a calming atmosphere the advice given to them. The offenders tive way of dealing with young people in which everyone – the judge, officials, were more directly involved with pro- who find themselves in trouble with the offenders and whanau and on this oc- ceedings than in a conventional court, law. casion visiting Justices – took part in which we felt gave them a greater sense Page 14 CONFERENCE 2017 AT WORK Page 15 CONFERENCE 2017 AT WORK
Rachael O’Grady in “workshop mode”.
Past Federation President Gavin Kerr leads a workshop. Page 16 CONFERENCE 2017 DINNER
Pre-dinner entertainment
New Southern Regional Representative Cathy Hurst with Bill Saxton (left) and Peter Bond.
The Rotorua Lakes High School choir singing at the Conference dinner. Page 17
CERTIFIED TRUE COPY OF A DOCUMENT PRESENTED TO ME AS AN ORIGINAL JP or Issuing Number Signed Date Prestige Print (1965) Limited 72 Abel Smith St, Wellington #1 Size: (38mm x 14mm) Price: $27.00 #6 Size: (20mm x 20mm) Price: $33.50 Telephone 04 802 5471 Certified true copy of a document presented to me as an original Email [email protected]
Signed How to Order Date Email your order and pay by internet Full Name, JP banking to WESTPAC 03 0558 0020633 00 #2 Size: (20mm x 20mm) Price: $33.50 #88888 WELLINGTON or mail your order with a cheque to Justice of the Peace for New Zealand Prestige Print, PO Box 9256 Full Name, JP #7 Size: (60mm x 40mm) Price: $50.25 Wellington 6011 #88888 WELLINGTON Certified true copy of Wording for #3 / #4 /#7 /#8 / #9 Justice of the Peace for New Zealand Now the banks and financial institutions that represents the named individual #3 Size: (38mm x 14mm) Price: $27.00 requires JP’s full name rather than initials
Max Smith Signed Marriage Celebrant Date #4 Size: (38mm x 14mm) Price: $27.00 #8 Size: (70mm x 35mm) Price: $56.00
Certified true copy of EXHIBIT NOTE that represents the named individual This is the annexure marked “ “ referred to within the Delivery address
affidavit of Full Name JP - Reg: 88888 - Wellington and sworn/affirmed at Justice of the Peace for New Zealand this day of 20 before me Signature Date
Signature #9 Size: (70mm x 35mm) Price: $56.00
#5 Size: (70mm x 35mm) Price: $56.00 Prices include GST and Courier Fees. Page 18 JUSTICES APPOINTED PURSUANT to section 3 (1) of the Justices of the Peace Act 1957, Her Excellency the Governor-General has been pleased to appoint the following persons to be Justices of the Peace for New Zealand. Anderson, Robyn Patricia, Blenheim Li, Xin David, Hamilton Awan, Bice Roland Ross, Wellington Macauley, Sarah Ann Grayson, Auckland Beighton, Lisa, Wellington McLeod, Greigory Alex George, Masterton Blake, Tracey Anne, Upper Hutt Meredith, Antony Gerald, Auckland Clayton, Graham John, Gore Milne-Rodrigues, Catherine Joy, Wellington Cooper, Jeremy Paul, Nelson Myer, Gordon Leonard, Auckland Cory-Wright, Maria Joyce, Tairua Poutama, Lindsay James, Paraparaumu Drake, Angela Jocelyn, Auckland Ratima, Desma Kemp, Hastings Evans, Susan Lesley, Auckland Sampson, Cathrine Ann, Karamea Fox, Joelle Fran, Karamea Sander, Andrew John, Wellington Gower, Ian John, Auckland Smith, Mercia Zena, Kaitaia Haddock, Stephen David, Porirua Smith, Danielle Margaret Pearl, Kaitaia Hammer, Kay Helen, Mount Maunganui Sorensen, Nicole Matilda, Whangarei Herkt, Suzanne Margaret, Ngatea Tamatea, David Allan, Opunake Howes, Steven Jack, Lake Tekapo Walker, Kerri, Auckland Johnson, Patricia Anne, Hastings Wang, Zhifei, Whangarei Jordan, Lynette Margaret, Napier Zheng, Shijia, Auckland Kam, Kwok Keung, Auckland Kidd, Peter Arthur, Mangakino Dated at Wellington this 6th day of March 2017 Kohunui, Gayleen Rowena Lee, Opotiki Hon Mark Mitchell, Associate Minister of Justice Welcome to Rotorua! Rotorua and Districts association members were on hand and geared up in more ways than one to give visiting Justices a warm welcome to Conference 2017 in Rotorua on March 3-5.
Picture: NOEL LOWE
THE NZ JUSTICES’ QUARTERLY Published in January, April, July and October Opinions expressed in this journal, whether editorially or by contributors, do not necessarily represent the views of the Royal Federation of New Zealand Justices’ Association (Inc). Contributions on matters affecting Justices and their associations are particularly welcome, but all contributions are subject to the discretion of the Editor. Contributors are requested to forward matter to the Editor, Geoff Davies 81 Warwick St, Wilton, Wellington, 6012, Phone 04-472-5566, email [email protected], to reach him not later than the last day of November, February, May and August to be available for publication in the upcoming issue. Readers are requested to promptly inform the registrar of their local Justices of the Peace association of any change in their address. Numerous Quarterlies are returned marked “gone no address”, “Redirection order expired” “Deceased” or “Not a box holder on rural delivery”, etc. Published by the Royal Federation of New Zealand Justices’ Associations, typeset and designed by Word for Word, Titahi Bay, and printed by Beacon Print Hawke’s Bay.