QUARTERLY - Conference season in the regions - October 2017 Volume 86 Number 3 - Auckland Justices Of The ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Justices’
Page 1
QUARTERLY
October 2017
Volume 86
Number 3
FIAT JUSTITIA
RUAT CAELUM
Conference season
in the regions
Page 2 PRESIDENT’S PAGE 1
Conferences impressive
T
enā koutou. formally welcoming an association
As I write this column it is kaumatua.
Maori Language Week. It is a Regional conferences also provided
pleasure to hear and read about the opportunity to brief associations
the many and varied opportunities on progress with the direction given
there are for non-Maori speakers to by this year’s Federation AGM and
learn one of Aotearoa New Zealand’s the Board’s Annual Strategic Objec-
three official languages. I encourage tives. Two initiatives that associations
all non-Maori speaking Justices to are actively engaged in are the re-
have a go. Being able to greet mem- viewing of foundation documents, i e
bers of the public who approach you the Constitution and Federation Poli-
for Justice of the Peace services in at cies. Thank you to the associations
least two of our official languages, who provided feedback on the draft
and if you know or are learning NZ policies - the amended documents
Sign Language, all three, would, I am will be put to the next AGM. The
sure, be much appreciated. draft revised Federation Constitution
All the regional conferences will be will be circulated to associations in
over by the time this edition of the early October for feedback, with the
Quarterly is published. Yet again, I final draft also being put to the AGM
have been impressed by the energy, in Christchurch next year.
enthusiasm and commitment of the With respect to the objective of seek-
Justices who attended and contribut- ing out new opportunities for Justices,
ed to the many and varied discussions I was able to share an exciting devel-
that took place. Thank you to the five opment at the regional conferences.
associations who hosted this year’s This was the agreement with the Min-
meetings, namely Far North, Auck- istry of Justice on a set of standards
land, Wairarapa, Nelson Tasman and and protocols to allow Justices of the
the West Coast. Peace to become Marriage Registrars.
Those who attended had the privilege Justice of the Peace Marriage Regis-
of listening to a number of excellent trars will assist District Court staff
guest speakers as well as focusing on Federation President Denise Hutchins with marriage ceremonies within the
the business of Justices of the Peace, District Court. The Hamilton District
associations and the Federation. The the Constitution of the Federation. Court was identified by the Ministry
guest speaker at the Northern Region- He identified that it was an important as the first venue, with Justices start-
al Conference in Kerikeri was Judge beginning and a “recognition of the ing in the role in early September. The
Greg Davis. Judge Davis and Jaime- concept and principle of partnership”. Ministry of Justice will be responsi-
Anne Tulloch, the Northland Judges’ The paper that Judge Davis spoke to ble for deciding on the extension of
research counsel, jointly presented is available on the Federation website the service. At the time of writing dis-
on the topic of the importance of the (Member Services/Publications). cussions are under way between the
Federation adopting a constitutional While welcoming Judge Davis’s Tauranga District Court and the Bay
reference to the Treaty of Waitangi. commendation it is important to un- of Plenty association.
Judge Davis focused on four areas in derstand that it is just a beginning for AGMs are due to be held throughout
his address: the importance of lan- member associations. There is much New Zealand over the next couple of
guage, the importance of a constitu- to do if we are to give life to the com- months. I encourage Justices to attend
tion, the constitutional status of the mitment in the Federation Constitu- their association’s meeting and I look
Treaty of Waitangi and the role of Jus- tion. It is pleasing to see the Central forward to meeting as many of you as
tices of the Peace in achieving these Districts association initiative, that is possible at those I will be attending.
aims. He commended the Federation at their AGM in October they will be Ngā mihi.
for adopting the amendment to the considering an association name in Te
Constitution. He noted that “mean- Reo Maori, incorporating the guid- Denise Hutchins
ingful change must be driven from the ance provided by the Board in Circu-
top down”, which in our case means lar 3/2016 into their Constitution and
Page 1 NEWS
AND ITS AFFILIATED ASSOCIATIONS
Te Kāhui Pou Whakatau Ture O Aotearoa
EDITOR: GEOFF DAVIES JP
Email: merlin81@xtra.co.nz
Phone: 04-472-5566
NATIONAL OFFICE: TONY PUGH JP
PO BOX 5005 WELLINGTON
Telephone 04-918-8447 Fax 04-918-8034
Email: registrar@jpfed.org.nz
Website: www.jpfed.org.nz
State of the art
ISSN 2382-12164 (print)
T
ISSN 2382-1272 (on-line)
he $300 million Justice and New Zealand Police, Department of
Emergency Services Precinct Corrections, St John New Zealand,
October 2017 in Christchurch was officially Fire and Emergency New Zealand,
VOL 86 No: Three opened last month by Prime the Ministry of Civil Defence and
Minister Bill English. Emergency Management, and the
Our Act: A decade down the track 2 The precinct is the largest multi-agen- Civil Defence and Emergency Man-
cy government co-location project in agement functions of the Christch-
JP profile: Busy on many fronts 4
New Zealand’s history, bringing to- urch City Council and Environment
From the National Manager 6 gether all regional justice and emer- Canterbury.
Education 7-10 gency services in one purpose-built Agencies are expected to be able to
Privilege of helping young people 11 facility. deliver the first public services from
It will be home to the Ministry of Jus- the precinct in mid to late October.
Regional conferences 13
tice and Christchurch-based judiciary, Justice Matters
Crossword 14
Letters to the editor 16
Hubbard inside back cover Moving with the times
Appointments outside back cover Readers have the option of receiving the Quarterly as a PDF rather than a hard copy.
To take up this offer please advise the office by email: administrator@jpfed.org.nz.
Telephone requests will not be processed.
• If you have already asked to receive the magazine electronically but you are
Patron: The Rt Hon Dame Patsy Reddy GNZM still getting the hard copy, please advise the administrator.
QSO Governor-General of New Zealand
Justices’
President: Denise Hutchins JP
Immediate Past President: Graeme Kitto JP Page 1
Vice-President: Rachael O’Grady JP ON THE COVER:
Northern Regional Representative: Federation Vice-President
Peter Osborne JP Rachael O’Grady leads a
Auckland Regional Representative: workshop at the Northern
Patrick Samson JP Regional Conference in QUARTERLY
Central Regional Representative: Kerikeri … regional confer- October 2017
ence coverage begins on
Volume 86
Terry Byrne JP
Number 3
Southern Regional Representative: P13
Cathy Hurst JP
Honorary Solicitors: Buddle Findlay
National Manager and Registrar: ADDRESS CHANGES FOR DELIVERY:
FIAT JUSTITIA
Tony Pugh JP MBA BBS ACA
RUAT CAELUM
Administration Officer: Sarah Gillard If you want to change your postal address for delivery of the Quarterly please
Editor, NZ Justices’ Quarterly: advise your association registrar and the Federation
Geoff Davies JP Administration Officer: administrator@jpfed.org.nz
Page 2 FEATURE
A DECADE
down the
track
Years ending with a 7 seem
to be especially significant
for Justices of the Peace . . .
Past Federation President
GAVIN KERR looks back to Federation President 2007-08 John Falconer, left, with then Chief
District Court Judge Russell Johnson and Associate Justice Min-
2007 and the passage of the ister Clayton Cosgrove at a Parliamentary reception marking the
JP Amendment Act passage of the JP Amendment Act 2007.
N
ot only is 2017 the year that It was not until 1986 that the Federation Sometimes the stars align . . .
marks the 10th anniversary made a call for the review of the 1957
The turning point came at Federation
of the Justices of the Peace Act and of the appointment procedure,
Conference 2006 in Greymouth, as did
Amendment Act 2007, a water- and in 1991 there was a call for training
my closer personal involvement, since
shed moment in the history of Justices to be completed before swearing-in –
2006 was the year I became President.
in New Zealand, it is also the 60th an- but still post-appointment.
niversary of the 1957 Act and the 90th From there things moved slowly, de- Backing up a step, in 2005 I had attend-
of the 1927 Act. spite strong lobbying by the Federation, ed the Australasian Council of Justices’
The 1927 Act mainly laid out the judi- but by 2001-02 its lobbying had had the Associations conference in Perth and,
cial functions of Justices, but 1957 ush- effect of the promotion of a draft bill by while there, looked closely at the West
ered in a new era, in that these functions the then Associate Minister of Justice, Australian appointment process, which
were divided between the new Oaths Paul Swain, to the Cabinet Social Equi- was based on rigorous pre-appointment
and Declarations Act and the new Sum- ty Committee. That bill contained many training. It was so obvious - why hadn’t
mary Proceedings Act. Justices’ func- of the key provisions of the final 2007 we thought of it before? No appoint-
tions were thus defined by the Oaths Act such as: ment at all until trained to an acceptable
and Declarations Act and by the new standard! Not after appointment – be-
• JP (Retired) status
Justices of the Peace Act which limited fore!
judicial functions to those conferred • wider disciplinary sanctions
Back to Greymouth. At dinner, Reg-
by the Summary Proceedings Act. The • clearer definition of judicial func- istrar Alan Hart arranged for me to sit
Federation objected, but in vain, to tions. next to Clayton Cosgrove, the Minister
what it saw as a diminution of judicial The recommendation on training in the responsible for JPs. I was not pleased,
function, something which sounds fa- memorandum to the committee was having looked forward to a relaxed
miliar today! still focused on post-appointment and evening with a glass or two. Not to
The 1957 Act was remarkably short, re- where discipline or competency was in be! This was an opportunity not to be
taining the basic appointment terms, but question. missed and for two hours questions
transferring the power from the Queen However, at least we had a bill! But and answers flowed between us on the
to the Governor-General. Otherwise, its once on the House Order Paper, despite importance of pre-appointment train-
main content related to attendance at the intense efforts of successive Presi- ing, among other things, and the need
court and removal from office. dents and Executives, it was well down to progress the bill urgently. I saw this
the list of priorities and kept being as a way to dilute the existing level of
Successive Federation Executives pro-
moted the need for training of JPs, the swamped by bills of higher importance. patronage, at the same time raising the
focus at that stage being post-appoint- It seemed that, despite blandishments level of entry.
ment. In 1972 the then Secretary for to the contrary, there was little political Cosgrove was an intent listener and
Justice recommended post-appointment will to further its advancement. What acute inquisitor – little escaped his
training but nothing transpired by way was needed was a minister with the notice. Next morning in his address to
of legislation. clout and will to drive it on. Conference he stated that he had learned
Page 3 FEATURE
more about JPs in those two hours than
he had ever known and made a com-
mitment to see the bill through. He saw
it as one which would get cross-party
support and which would be relatively
fiscally neutral –two huge plusses.
Cosgrove was as good as his word.
Within a short time the bill’s position
on the Order Paper was secured and
its journey allocated to the Law and
Order Select Committee under Martin
Gallagher JP – a friend in court! The
Executive geared itself up for a period
of intensive work and we launched into
rounds of meetings, both official and
unofficial.
Cosgrove was great to deal with – a
straight-shooter, and very clear as to
what would fly and what wouldn’t.
Meetings were conducted with crisp ef-
ficiency and we had to be well-prepared
going into them. On one memorable oc-
casion he sent packing Ministry person- Clayton Cosgrove and Gavin Kerr celebrate the passage of the
nel who turned up without the informa- Act at Parliament.
tion he had requested.
Compulsory association membership laxation of tension and from then on it help from our Aussie mates.
was a non-starter, as JPs are responsi- was plain sailing. I recall being asked: And, just maybe, the scales were tipped
ble first to the state, not to a regulatory “This is your bill – what do you want by a mere two-hour conversation at the
body. Limited tenure was tested but had from us?” dinner table. Who can tell?
the sniff of cost about it which would
From there it was a matter of tidying
negate the important fiscal neutrality
up bits and pieces before the bill had
of the bill – but there was interest. Ob- The legacy
its first reading on July 19 2006 and the
ligatory ongoing training had to be side-
second and main reading on March 27 There is still a lot of work to be done.
lined for the same reason.
2007, when I was proud to be in the gal- The strong implication of the Act’s
But our demand for pre-appointment lery to witness the fruits of our labour. beefing up the appointment process and
training was non-negotiable and was to widening the disciplinary sanctions is
Many complimentary comments were
result in what I consider to be the most that a high level of competence will be
made about the Federation’s role, to the
powerful and far-reaching part of the introduced and maintained to meet the
point when Hone Harawira comment-
Act. public’s right to effective and efficient
ed: “We heap so many accolades on
However, it wasn’t all smooth sailing. Justices of the Peace that I am surprised service.
A Select Committee hearing for which that we do not all just resign from our The state has delegated on-going edu-
I had to travel from New Plymouth, jobs here and hand it over to Royal Fed- cation in this respect to the Federation
and Vice-President John Falconer from eration … to run the country!” but has fallen short of providing the
Gore, was abandoned in a political most logically necessary step: some
On April 14 2007 the bill was passed
power-play because the chairman was form of monitoring to ensure that all
into law, by which time John Falconer
10 minutes late. Not only us, but the JPs maintain the required standard of
had become our President.
Police Commissioner to follow us, were current knowledge and skills.
left stranded in the lobby. It had been a long road with so much
effort by so many people over so many Such monitoring should have as its first
The unusual nature of the event made objective the support and enhancement
years, but it was done. And, given the
headlines in the Dominion Post and a of JPs’ knowledge and skills before
long lead-up, in a comparatively short
meeting was quickly rescheduled a cou- the application of any sanctions. Just
space of time.
ple of weeks later, when profuse apolo- as having to meet a required standard
gies were offered all round. So much, so often, in the end depends before appointment was blindingly
on serendipitous alignment of many obvious, so is the need to see that that
How to react? Dance a fandango about
factors and this was so in our case: a standard is maintained in the public in-
resultant inconvenience and cost? That
minister willing to commit himself; the terest. This, to my mind, is the legacy
would only heighten tension, so our re-
fostering and maintenance of good rela- we inherit from the Act.
sponse was: “We’ve waited 25 years for
tionships; a supportive ministry; a few
this. Another few days is not much in
helpful friends in high places; and some
the time scale.” There was a visible re-
Page 4 PROFILE
Wellington JP LEASA CARLYON’s community interests in re-
cent years have ranged from courts, prisons and boardrooms
to restorative justice and a BMX track. Being a JP has been a
key part of the journey, she says . . . .
Busy on many fronts
C
oming from a long line of po- the next phase of my involvement with “why” behind the offending, ask ques-
licemen and serial volunteering the justice system. Some defendants tions and gain closure. The entire pro-
women it shouldn’t have sur- appeared bewildered, or not engaged cess is voluntary and private.
prised me that I would find jus- with the process; they seemed detached
tice and serving my community a call- These difficult conversations cover
from what was occurring in the court- what happened, the impacts of the crime
ing. After 10 years’ OE I moved back to room. While pondering this with a sen-
New Zealand in 2003, aged 32, with my and collectively consider what might
ior judge, I was told, “Sounds to me, make things right. The offender is given
new husband David (my English take- Leasa, like you want to do Restorative
away). the opportunity to take full responsibil-
Justice.” ity for their actions to those they have
We needed JP services while getting I immediately tried to find a short harmed personally. Offenders are thus
established, and I was both impressed course to take. There were none. To very much engaged in the process and
with the professionalism of the JPs who learn, you need to become a Restora- take an active role in what happens. It is
helped us and intrigued about the role. tive Justice Facilitator (courses are now a chance to hear and be heard and to ask
Fast-forward a couple of years, and available at Victoria University). After questions and give apologies.
becoming a JP seemed like the perfect badgering Community Law Wellington
way for a stay-at-home mum with one The victim can choose to reject or ac-
& Hutt Valley (the local RJ provider), I cept apologies, and to forgive if apolo-
baby and another on the way to meet was enrolled in the Restorative Justice
and interact with her new community. gised to, which they can find empower-
Training Course in 2013, and became ing. Victims can ask for reparation for
Discovering that the Wellington associ- an accredited facilitator in 2015 work- losses and/or for the offender to com-
ation was looking for new blood on its ing on criminal pre-sentencing cases. plete a course such as anger manage-
court panel, I made inquiries and was Some of my clients are remanded in ment, driving skills, drug and alcohol
invited to observe a bail hearing con- custody at the local prisons before sen- counselling and/or volunteer their time
ducted by a judicial Justice. I was im- tencing, having already pleaded guilty to a charity.
mediately captivated. With the children to the crime. If this is the case, the re-
now at primary school, the role fitted In short, the parties make their own cre-
storative meeting has to occur in the ative justice that makes sense to them.
well with my schedule as court sessions prison, as the offender cannot leave. It
usually ended by lunchtime. After the meeting, the sentencing judge
is an interesting conversation with the receives a report from the RJ facilita-
I loved the stimulating study about the victims, asking them to agree to come tors. He/she can endorse or decline the
justice system and learning about our to a meeting in a prison, but many are parties’ justice agreement, and add or
obligations under the Treaty of Wait- curious and want to see where their tax remove penalties as they see fit.
angi. There is a strong collegial group dollars go.
of impressive judicial Justices in Wel- During these cases I have met an amaz-
So far, I have not knowingly had a vic- ing cross-section of our society, from
lington, and it is an honour to serve be- tim regret taking part in the process.
side them. senior white collar criminals who have
They are usually at least able to dis- defrauded hundreds of thousands of
It was serving on the bench that led to cover the motivation and find out the
Rimutaka Prison in Upper Hutt … if an offender has pleaded guilty and is in custody awaiting sentencing,
any Restorative Justice meeting must be held in the prison, because the offender cannot leave.
Page 5 PROFILE
dollars from not-for-profit organisa- person. It is a violation of human rights why they should support this project.
tions, to someone who opportunistical- and includes physical, sexual, psycho- Along with a team of dedicated club
ly stole a skateboard. My key learnings logical, emotional, financial and materi- committee members, we were able to
from working with people in conflict al abuse, abandonment and neglect. The achieve the dream of opening the new
are that “hurt people hurt”. Often of- pilot aims to complete 20 cases over BMX track on February 28 last year,
fenders have some past or present un- two years and is funded by the Ministry an event attended by then Mayor Celia
resolved hurt or pain, and while that is of Social Development. Wade-Brown. It was an awesome and
never an excuse to harm others, restora- Boards and committees exhausting project which included find-
tive processes can help offenders see ing sponsors, applying for community
the link to their hurt and their choice I have been honoured to have worked funding grants, engaging track design-
of harming others, which may not have on various boards and committees, ers, builders, engineers, drainage engi-
been obvious to them before. before my appointment as a Justice. I neers and sourcing and managing the
became an elected director of the Wel- delivery of over 600 truck and trailer
The other key learning is the generosity lington Chamber of Commerce in 2004,
of the victims in giving time in attend- loads of dirt.
and learned a great deal in the ensuing
ing meetings. Sometimes victims will- four years. I went on to volunteer for Wellington has many topographically
ingly forgive and in doing so find this the boards of the Wellington YWCA, challenged suburbs with busy, narrow,
healing for themselves. If this happens, the New Zealand Software Association dangerous roads. As a result, many chil-
the offender can find forgiveness sur- and Alzheimers Wellington. dren have not been taught how to ride
prising, emotional and very humbling, a bike. Riding is healthier than being
and the process can be an impactful I have also been appointed layperson on glued to an electronic device, but the
event in their lives. the Dietitians Board of New Zealand, real gold is for young people to learn
and am currently on the Health Prac-
Elder restorative circles titioners Disciplinary Tribunal and the
to accurately judge speed, risk, distance
and proximity in a blink of an eye be-
In 2014 Professor Chris Marshall took National Animal Ethics Advisory Com- fore they start driving.
up the Diana Unwin Chair in Restora- mittee for Ministry of Primary Indus-
tive Justice at Victoria University Wel- tries. It is a great privilege to represent The BMX track is a safe place to learn
lington. New Zealand is an internation- the public viewpoint in such roles. and gives kids an incentive to learn to
ride a bike. It offers the opportunity
al leader in restorative processes and And the BMX track . . . to race BMX for Wellington, have fun
we can be very proud of this. Recently
I have been part of a team with Profes- BMX has been another form of volun- mucking around on bikes with friends
sor Marshall and others which has put tary community service. My children and learn about risk beyond a device.
together a research pilot to explore if used to lament that there were no BMX So there you have it, the journey so far:
restorative circle processes would be tracks in Wellington city. I wanted to meeting interesting people and work-
helpful in cases of inter-family elder do something about this, but it seemed ing in interesting places. Being a JP has
abuse, harm and neglect. daunting. Later I met Rebecca and Raf- been a big part of what links these top-
faele Maresca who were selling raffle ics together.
Families are often reluctant to involve tickets fundraising for Capital BMX
police in such issues, and this offers a Club to rebuild the Karori track. He aha te mea nui o te ao? He tanga-
way to discreetly and respectfully ad- ta, he tangata, he tangata: What is the
dress harm. Elder abuse is a single or Excited, I joined the club commit- most important thing in the
repeated act, occurring in a relationship tee and started presenting at Welling- world? It is the people, it is
of trust, which causes harm to an older ton City Council funding rounds as to the people, it is the people.
SUPPORT THE JP EDUCATION TRUST
The Justices of the Peace Education Trust was established in 1974 in conjunction with the Federation’s jubilee.
Its purposes are:
l to educate JPs throughout New Zealand on all aspects of their functions, responsibilities and role in the community
l to educate the community as to the tasks performed by JPs and the activities they undertake
l to provide information and resources to service the educational requirements of individual JPs
l to award scholarships to JPs or others to further the objects of the Trust
l to provide grants and resources for the education of JPs through the Federation or its affiliated associations
l to provide resources and facilities for research into any matters of relevance to JPs or the law of New Zealand
l to raise money by donations, loans or by any other lawful means and by such methods as the Trust considers appropriate
for the furtherance of these objects.
Trust funds were used to support the Emerging Leaders Programme in 2014 and 2015 but the trustees wish to again
draw the Trust to the attention of all members and to invite donations to increase the work it is doing.
All donations, bequests and gifts are tax-deductible for the purposes of the Charities Act and the Income Tax Act.
The Trust’s registration number is CC33701.
Donations may be paid to the Trust’s BNZ account:
Justices of the Peace Education Trust 02-0536-0365139-00
Page 6 NEWS
TONY PUGH reports from the Federation National Office
FROM THE
NATIONAL MANAGER
Vodafone emails
In September Vodafone announced that they would be dis- Manager” at my appointment, but a number of documents
continuing their email service from November 30 this year. (the Constitution, for example) still refer to “Registrar”. To
Over 600 Justices have an email supplied by Vodafone ensure compliance where necessary, Registrar is still used
(emails ending with vodafone.co.nz, vodafone.net.nz, ihug. until such time that the controlling document is updated. My
co.nz, wave.co.nz, quik.co.nz, pcconnect.co.nz, paradise.net. email is still registrar@jpfed.org.nz
nz, clear.net.nz and es.co.nz are all affected). If you use one National Education Officer
of these email services and therefore need to set up a new
email with a different provider, please remember to let us Recruitment is currently under way for a new education of-
know – just send an email to administrator@jpfed.org.nz ficer after Stephanie Dodd left the Federation at the end of
from your new email and ensure you include your name in August. The role title has changed to better reflect the work
the email. undertaken. This is a key appointment to the national re-
source and the process will be undertaken very carefully to
ensure the person with the best fit for the role is engaged.
Accreditation
The number of Justices achieving Accreditation is still ris-
Conference 2018
ing, but the rate of increase has dropped significantly. If you
are having difficulty logging on to complete Accreditation The Canterbury association’s planning for next year’s Con-
please call the Federation and our administration officer, Sa- ference in Christchurch (March 2-4) is well under way and
rah Gillard, will be able to help you through the process. further information can be found on the website at:
The most common problem we hear about relates to complet- h t t p : / / w w w. j p . o r g . n z / M e m b e r S e r v i c e s /
ing the date field for the association education programmes Conference+documents.html
attended. It is always best to use the drop-down calendar to Remits and notices of motion from associations for Confer-
select the correct date. And please don’t forget to “tick” the ence 2018 must be received at the Federation office no later
attestation box. than November 1.
Judicial Studies Course Budget submission and Contract for Services
A reminder to those associations with a court panel of the im- Work is well under way for the submission to the Minis-
portance of planning ahead for succession of judicial Justices try of Justice to secure funding support for the three years
. . . more information about the Judicial Studies Course can from July 2018. This funding to a large extent dictates the
be found on P7. resources available to deliver initial training and ongoing
education for all Justices, and maintenance of the public
Regional conferences contact mechanisms which are delivered by associations,
I have attended the five regional conferences (the Central Re- for example service desks. Data gathered from associations
gion holds two) and gathered a lot of useful comment from is consolidated into the submission, to ensure the Ministry
those attending. It was very useful to put faces to names understands the volume of outputs generated by public and
during the conferences, and there was some great feedback legislative demand for our services. Thank you to those of
about assistance from the staff in the National Office, which you who assist in the recording of this information.
has been duly passed on. We are also always happy to hear
from you by phone or email. If you did not attend a regional Justices of the Peace Education Trust
conference this year, I recommend you mark your 2018 cal- Since the campaign to reinvigorate interest in the activities
endar now – there is a lot of valuable collaboration and learn- of the Education Trust started in May this year, a number of
ing occurring at these events. members have responded with donations – either one-time
donations, or in some cases regular commitments. If you
National Manager vs Registrar have any queries regarding donations to the Trust, please
I have been asked several times about the title National Man- contact me directly or refer to the article on P4 of the July
ager and Registrar. The Board moved to using “National 2017 edition of the Quarterly.
Page 7
EDUCATION Page 7
OCTOBER 2017
The role of National Education Officer is currently vacant and a recruitment process
is under way for the new position of Professional Development Adviser.
Time to enrol for the
Judicial Studies Course
T
he Federation offers Each module con-
a unique opportunity tains self-marking
for highly commit- activities to prepare a
ted Justices of the Peace Justice for the course
to undertake the Judicial assessments, which
Studies Course, in order involve three compul-
to prepare them for being sory assignments and
included on association a learning journal.
court panels. Assignments come
The Judicial Studies at the completion of
Course is an online train- modules two, six and
ing programme. The eight.
course is at a tertiary lev- Although the learn-
el akin to a first-year uni- ing is done indepen-
versity paper. It takes six dently, Justices are
months to complete and provided with support
is intended to take at least from their association
200 hours of study. This means at least eight-10 hours per and the Federation. The fact that the training is provided
week for the duration of the course. There is significant online does not in any way mean that the learning will be
required reading in textbooks, websites, and the Judicial easy. Studying online requires that an individual needs to
Manual. be motivated, well-organised, proactive, and take an active
The complete Judicial Studies Programme consists of three role in learning and accessing information.
parts: Successful completion of the academic component of the
• Judicial Studies Course (online via the Federation web- course is necessary for any Justice to be invited to the two-
site) day practicum. Ongoing mentoring is then provided to the
Justice by respective associations once training is com-
• Practicum - two days in-person training with the Federa-
pleted to the satisfaction of the Chief District Court Judge.
tion, overseen by a judge
For more information on the commitment required for the
• Mentoring in court with the local association.
course interested parties should refer to the article in the
A Justice must not undertake any judicial tasks until train- October 2016 Justices’ Quarterly (PP5-6).
ing is completed to the satisfaction of the Chief District
Enrolments are now open for the 2018 Judicial Studies
Court Judge (see s3(b)(1) JP Act 1957).
Course and are due to the National Manager by November
Course content is based on the Judicial Duties: Courts 30 2017. This enrolment period is a change from previous
manual, supported by three textbooks and legislative web- years.
sites. The online course modules are:
To complete enrolments associations must provide:
1. Background to the Law and Courts
• a completed T4 Enrolment Form (the name of the mentor
2. Justices in the District Court for each student must also be provided on the T4 form)
3. Working in the Court • a $500 bond payment.
4. Managing Proceedings and the Court List The application form to be completed by the prospective
5. Disclosure, Adjournments and Bail students includes the following requirements:
6. Judge-alone Trials • The Justice must observe a District Court session and
7. Evidence, Proof and Defences have answered the two questions on the form.
8. Decisions and Sentencing • The Justice must provide a brief biography and a recent
photo (e g a passport photo).
9. Common Offences
Page 8 8
Page EDUCATION
OCTOBER 2017
Seminar for court panel managers
The Federation has a contract with sociations enter into a sub-agreement court panel management are being fol-
the Ministry of Justice for the roster- with the Federation in the expectation lowed by individual associations. The
ing and scheduling of appropriately that local matters will be managed at a last time the court panel managers met
trained judicial Justices of the Peace local level between the court registrars was in 2011.
to sit in particular courts. and associations.
Discussions at the seminar were wide-
The Federation prescribes the policies On July 8 the Federation Board con- ranging and resulted in a number of
and procedures that associations are vened and facilitated a seminar for recommendations which we are cur-
required to follow in meeting the terms court panel managers, to ensure that rently following up.
of the Contract for Services, and as- nationally consistent processes for
Wide range of agency requirements
Agency-specific requirements come ask questions before you proceed. an affidavit, you have to ask a series
up often, in all sorts of different con- of questions to establish the verac-
texts. Your role as a Justice of the So what would you do? ity of the document. In this instance,
Peace is clearly stated in the Ministe- Situation: A client has been asked to you could ask the client “Is this your
rial Manual. In addition to your “nor- complete the normal forms that are form” and “Are the contents true and
mal duties”, there are statutory roles associated with Police vetting. The correct?” By doing this, you are “veri-
listed in Chapter 9, and other roles as client is asked, by email, to have the fying” the document. Having done so,
listed in Chapter 10. documents “verified” by a Justice of you could then have the client sign it
the Peace. But there is no place on in front of you, ask for identification
As Justices of the Peace, you can be and then sign the document, noting
the form for the Justice to sign. What
called upon to do all manner of things, that you have witnessed the client’s
would you do?
some related to your Justice of the signature and verified the document.
Peace role and others simply because A solution: Chapter 5 of the Ministe-
you are, in the eyes of the community, rial Manual covers the certifying of Do not be confused, though. Doing
a “person of integrity”. copies. Paragraph 5.2 deals with defi- this does not make the Justice respon-
nitions and it says that to “verify”, you sible for the veracity (or truthfulness)
Because these demands can be differ- of the contents of the document. That
confirm or find out the truth of some-
ent and often complex, it is very im- responsibility always remains with the
thing.
portant that you take the time to read client, as set out in the Oaths and Dec-
the covering documents that accompa- In this instance, you might have to larations Act 1957.
ny these requests and when in doubt, be a little “creative”. When you doPage 9
EDUCATION Page 9
OCTOBER 2017
Ethical issues often raised
Ethical issues are frequently raised with the National
Manager and the administration team at the Federation. It
is timely therefore to direct you to the Ministerial Manu-
al, specifically P8, where it states:
“Justices of the Peace shall:
1. carry out their statutory, judicial and ministerial duties
in a proper manner and administer the law in so far as
they are authorised and called upon to do so, without
fear or favour, affection or ill will, in accordance with Peace, any privilege or licence to avoid legal respon-
their Judicial Oath and in the most conscientious man- sibilities
ner possible 6. remain true to the Oath of the Office taken on appoint-
2. maintain the integrity and dignity of the office through ment as a Justice of the Peace
ethical conduct, good example, high standards of Citi- 7. refrain from giving legal advice in their capacity as a
zenship and by not acting in a manner which is unlaw- Justice of the Peace”.
ful or likely to bring disrepute to the office of Justice
of the Peace It is timely that we reacquaint ourselves with our Code of
Ethics. Most important is that we do not act in a manner
3. preserve their Warrant, displaying it only when neces- which is likely to bring the office of Justice of the Peace
sary to establish their bona fides in the performance of into disrepute. As Justices of the Peace we are judicial of-
their duties as a Justice of the Peace ficers. We have a responsibility to set a good example, set
4. acknowledge that their authority to act is only as pre- high standards and not act in an unlawful manner. Should
scribed by law and that the office confers no other au- we do so, then we face the real possibility of our warrant
thority, responsibility or benefit being withdrawn. That would impact on the office of Jus-
5. not claim by virtue of their office of Justice of the tice of the Peace, and our integrity is paramount.
What is an apostille certificate?
An apostille certificate is a state-to-state authen-
tication of a government-issued document such
as a birth or death certificate. An example of this
would be where the Department of Internal Affairs
(DIA) certifies to another country that a document
is genuine.
The key element here is that a Justice of the Peace
cannot certify a copy of a document which is to be
submitted for an apostille certificate.
The example shown is signed by a notary public
and they normally do this task.
Paragraph 5.10 of the Ministerial Manual provides
guidance for you in this regard, but more impor-
tantly, it states that you should refer your client to
the DIA for specific advice when confronted with
this request.
The link www.dia.govt.nz/apostille will provide
the client with the necessary information.Page 10
Page 10 EDUCATION
OCTOBER 2017
A few ‘hardy annuals’
• When filling out forms and asked for your occupation, • A Justice of the Peace cannot witness a donor’s sig-
it is best to use “Justice of the Peace”. nature on an Enduring Power of Attorney (see Chapter
6.3.2 of the Manual). They can however witness the at-
• Chapter 5.7 of the Manual provides wording that is
torney’s signature (but not as a JP).
for “texts only”. This is not for use for a web page or a
smartphone. Go to paragraph 5.8 of the Manual and see • There are three situations where a Justice of the Peace
the wording listed there. may sign as a witness, but not as a Justice of the Peace.
They are:
• Unusual circumstances: P38 of the Ministerial Manual
provides you with wording to use when confronted with q witnessing an attorney’s signature on an Enduring
a situation where you are in doubt of the authenticity of a Power of Attorney
document. It guides you on the completion of a statutory
q witnessing a declaration and photo on a passport
declaration, and there are two examples to use. One is for
application
documents downloaded from the web or a computer and
the other is for general documents. q witnessing the signing of a will (there have to be
two witnesses present).
ReadID android app
There is a very interesting app available for use on an- So, why have it? Basically, it allows you to scan a pass-
droid smartphones. It is called ReadID and allows you port by reading the chip and will verify that the copy pre-
to scan a passport so as to verify the identification of an sented to you is in fact from the original passport. If the
individual. The passport has to have the NFC chip in it. client has attempted to change anything, it will instantly
alert you.
Sadly, there is no Apple app like this, so it is for android
phones only. Not for everyone, but nonetheless an interesting app. Go
to www.readid.com for further information.
Pre-nuptial agreements
Pre-nuptial agreements have been permitted in New • the signatures need to be certified by a lawyer
Zealand since enactment of the Matrimonial Property
Act 1976. Section 21 of the Property (Relationships) Act • the lawyer must certify that, before that party signed the
1976 expressly authorises that a husband and wife, civil agreement, the lawyer explained to that party the effect
union partners, de facto partners, or two persons in con- and implications of the agreement.
templation of entering into a marriage, civil union or de Recently a Justice in Northland was asked to witness a
facto relationship may contract out of the provisions of pre-nuptial agreement – as you can see above, Justices
the Act. The special requirements that must be met for of the Peace are not authorised to be a witness to such
contracting out agreement to be valid are that: an agreement.
• they must be in writing (Thanks to the Northland association for permission to
• both parties must receive independent legal advice use this story).Page 11 FEATURE
Today’s youth get a lot of bad press, but after over 40 years in teaching recently-retired
Hastings Girls’ High School principal GERALDINE TRAVERS JP sees much to admire in
our young people
Geraldine Travers and students at her farewell as
principal of Hastings Girls’ High School.
A privilege to help the
S young
ix months ago I walked away having a fair go. It seems however that
from a career that has been my we have lost that commitment to fair-
life for the past 41 years. ness and also our empathy for the plight
I was only 22 and “youth-adja- of others. Over the past few months two
cent” when I became a teacher, a pro- homeless people have died on door-
fession that has given me a fascinating has adverse effects on every aspect of steps, presumably of hypothermia. But
insight into the complexities of life life. Not only is this disparity bad for where is the outrage?
which young people have faced over physical and mental health but it is also We used to have an escalator which al-
that period. I have been associated with bad for educational achievement and lowed people to ascend to any height.
literally thousands of young people crime. That was helped by free state education
across the five schools that I worked When I was growing up it seemed that and affordable tertiary education. I have
in: Paeroa College, Rotorua Girls’ High everybody was the same. If there were always been proud of the fact that I be-
School, Havelock North High School, people who had more, we were largely came principal of a secondary school
St Mary’s Diocesan School and finally oblivious to it because it was not the when my father didn’t even go to high
as principal of Hastings Girls’ High done thing to flaunt what one had - in school – he left school at the end of
School for nearly 20 years. fact, it was considered poor taste to do standard six (year eight) to milk cows
Despite going to a co-educational school so. on his father’s farm.
myself I taught for only four and a half Another change for our young people Increasingly in my last few years at
years in co-ed schools, as girls’ educa- is their lack of appropriate role models. Hastings Girls’, I saw able girls unable
tion quickly got under my skin, and I When I was young we admired peo- to afford the cost of university, although
spent 35 or so years in girls’ schools. ple who had achieved things: inven- they had the ability to make a great con-
Since I retired I have spent a lot of time tors, people who saved lives, climbed tribution to New Zealand’s future, and
thinking about the way in which life has mountains, fought wars and the like. I experienced a great deal of personal
changed for young people since I began Role models promoted now by media guilt because after my first year of uni-
teaching and also how it has changed are people who are famous for being versity I was effectively paid to go.
since I was their age. famous with trashy values, and in the This system was hugely advantageous
I know we all look back at the past with case of girls, famous for who they’ve because it bonded me to the education
rose-tinted spectacles but either the married rather than what they have system and we certainly didn’t have the
huge divisions between rich and poor achieved or done for society. Young huge shortages of teachers that we cur-
didn’t exist back then or I was oblivious people don’t know how they should rently have. I have seen estimates in the
to them. Hawke’s Bay District Health live in order to be admirable. Women’s news media of large numbers of Auck-
Board research says that in this prov- magazines have a lot to answer for here. land students in particular being taught
ince we have the widest divisions be- We also used to be a society that prided by untrained teachers.
tween rich and poor in the country. This ourselves on fairness and everybody Another change is in the area of qualifi-Page 12 FEATURE
cations. Back when I was at school you Girls’ High School in Christchurch,
could have cruised the whole year so which was effectively destroyed by
long as you pulled out all stops in No- the 2011 earthquake. They raised thou-
vember when the exams came round. sands of dollars, and as a highlight they
This is no longer the case. From as early flew Avonside principal Sue Hume to
as February students are now subjected Hawke’s Bay to draw a raffle for her
to a barrage of testing and assessment, girls.
all of which produces increased stress. None of her girls actually had tickets,
A further change comes from the num- but our girls had their names and as she
ber of worlds that our young people in- drew names out of the hat, our leaders
habit. When I was their age, I had the drew out the prize. Their basket was full
worlds of family, school and the com- of wonderful things that girls like, such
munity. Many of my former students as cell phones, iTunes vouchers etc. The
have worlds of family, church, culture, girls loved it and they gave till it hurt.
sport, school, work and their teen world, Our young people care so much about
but most importantly their cyber world. issues like the environment, social jus-
Each of these worlds has its own set of tice and fairness, and when they are in
rules and some are inescapable. Some charge I believe that we will have a bet-
young people are interacting with their ter society. Also, young people today
digital devices 18 hours a day and this are not judgemental. Issues such as sex-
‘
world is more important than the real ual orientation, gender reassignment etc
world in which they live. Most have which perplex my generation are coped
hundreds if not thousands of friends with magnificently by young people.
with whom they interact. Many are
keyboard warriors who are very brave Helping to mould and When people complain about youth and
their lack of work ethic, think about the
in the privacy of their bedroom and say change young lives is many worlds that they inhabit. Many
things online that they would never say of our young work huge hours as well
to someone’s face. While on sabbatical just the most important
last year I visited a dozen or so New
Zealand secondary schools, and most
school managers said that the majority
of their workload came from sorting out
disputes which had spilled over from
job there is and it has
been my privilege to
have been so engaged
‘ as keeping up with their school work,
sporting commitments and so forth.
Sometimes when I was principal I
would ask to schedule a meeting with a
group of girls and they would all have
to get out their diaries to find a time that
Facebook.
for the past 41 years. suited. I swear they were busier than I
All parents love their children and actu- was!
ally want the best for them even though As I look back over four decades in
they might not have the fortitude to do Geraldine Travers education I am very aware of what a
what is required to ensure a happy out- unique privilege it is to be involved
come. Parents are often limited by their with the future of our nation. I can’t
own life experiences and can’t imagine to the school. On one occasion we were
opening a number of new and renovated go anywhere without seeing a former
a life any better than what they have. student or two established in their ca-
buildings which were being named af-
So what’s good about our young peo- ter former principals and the then Prime reers. A case in point occurred recently
ple? Minister, Helen Clark, was coming to at the Safer Communities conference. I
They are in the main bright-eyed and do the honours. The staff had the girls hadn’t taught the woman in her 50s who
eager to engage in the world. They in the hall rehearsing the singing while was there, but I had certainly taught her
are willing and helpful and optimistic. I walked the route that the official party friends 35 years ago at Rotorua Girls’
People ask me about kids over time would use. High School. She enquired as to why I
and whether they have got worse. The wasn’t still wearing six-inch stilettos!
To my horror I realised that this would
answer is emphatically no! In my first require walking through a very pot- Helping to mould and change young
year of teaching a boy threw a desk at holed car park which we hadn’t yet re- lives is just the most important job there
me. That has certainly not happened sealed, so I ran back to the hall and said is and it has been my privilege to have
since. (That boy would now be in his “Right girls, this is what we need to do. been so engaged for the
mid-50s!) Singing is over, we need to go outside past 41 years.
One thing that has changed is that some and stand shoulder to shoulder as a sort
parents, particularly mothers, want to of guard of honour so the visitors can’t • Geraldine Travers was made a Mem-
be friends with their children. But kids see the car park.” The girls carried out ber of the New Zealand Order of Merit
don’t want their parents as friends. their task admirably and the official (MNZM) for services to education in
They have enough friends. They want party would have been none the wiser. the 2014 New Year Honours List. On
parents who will model to them, guide Such loyalty! her watch Hastings Girls’ High School
them, teach them and “bring them up”! The girls have fundraised for others was named New Zealand’s top state
In my time at Hastings Girls’ I wit- embracing such causes as car seats secondary school by North and South
nessed many examples of kindness for Plunket, orphans in Uganda, and magazine. Last year she was elected to
from the girls to each other, and loyalty went completely crazy over Avonside the Hastings District Council.Page 13 REGIONAL CONFERENCES
GETTING IT RIGHT By Central Regional Representative TERRY BYRNE
Rodney Wong
The North Island Central Regional Conference is held
in Palmerston North, centrally located in the area. Mike Johnson
T
hanks to the geographic location making a very encouraging total attend- choices and challenges.” You need to
of its associations, the Central ance. It should be stressed that regional make good choices and you must accept
Region has the benefit of two conferences are for all Justices, not challenges.
conferences each year. It is not just office-holders in the various asso- In Nelson, our speaker was the newly
practical to have all the associations ciations. The opportunity to meet other appointed Police District Commander,
meet in one area because of the prohibi- Justices and be engaged in the workings Superintendent Mike Johnson (pictured
tive cost of crossing Cook Strait. of the Federation (such as the Constitu- above). Mike talked about his vision for
We hold one conference at Palmerston tional changes this year) is invaluable the future for the district, the opportuni-
North (because of its central location) and I would like associations to pro- ties he sees and the challenges of such a
and one in either Nelson or Blenheim. mote attendance more vigorously. large district. The area he commands is
The Nelson/Blenheim conferences al- The two conferences were very similar from Kaikoura up to Blenheim, over to
ternate year by year. in structure, the major difference be- Nelson, then Tasman across to Karamea
Traditionally, the Central Districts asso- ing the guest speakers. In Palmerston and right down the West Coast, and is
ciation has hosted the Palmerston North North, we had Rodney Wong (pictured the second largest Police district in New
conference, but this year Wairarapa was above). Rodney is an inspirational per- Zealand.
the host association. This move was a son with a strong business and entre- We could have gone on much longer
great success: Wairarapa did a sterling preneurial background. He maintains and there were questions aplenty.
job. In 2018, Hawke’s Bay has offered a “Never give up” approach to life and Overall, the conferences were once
to be host of the Palmerston North con- demonstrated that despite a poor and again, very successful. The dynamics
ference and we look forward to other difficult childhood, provided you set for the Central Region conferences are
associations taking a turn. goals and are focused on achievement, a little different from the other regions,
you will get there. One of his many say- but if success is based on attendance
There were 77 Justices at the 2017
ings which particularly appealed to me: and involvement, we’re probably get-
Palmerston North conference, and 51
Justices attended the Nelson event, “There are only two things in life – ting it right!Page 14 REGIONAL CONFERENCES
Wide range of topics discussed
By Northern Regional Representative PETER OSBORNE
T
he “Winterless North” town • the Federation’s commitment to giv- keynote address by Judge Greg Davis
of Kerikeri hosted this year’s ing effect to the principles of the on the importance of adopting a con-
Northern Regional Conference Treaty of Waitangi and to appreciat- stitutional reference to the Treaty of
over the last weekend of Au- ing diversity in New Zealand com- Waitangi in the work that Justices of
gust. Nearly 50 delegates from the nine munities the Peace do. Judge Davis provided a
Northern Region associations made the • making the most of technological ad- copy of a paper on the subject prepared
trip for the occasion. vances, within resources, to ensure by himself and the Northland Judges’
Federation President Denise Hutchins, Justices are effective and responsive. research counsel, Jaime-Anne Tulloch,
Vice-President Rachael O’Grady, and and spoke to a PowerPoint presenta-
Three workshops were facilitated after tion. The address was interesting, stim-
National Manager Tony Pugh spent the afternoon tea on Saturday followed by a
two days with us. The issues discussed ulating and relevant to the Federation’s
“Round the Region” session, with each commitment to the Treaty.
in their various addresses included: association making a short presentation
• competence on what was happening in its area. Rachael O’Grady facilitated a work-
shop on the Federation Constitution
• improving and enhancing access to Saturday concluded with a dinner or- after the morning break and the confer-
our assistance by the use of service ganised by the host association, and as ence concluded with an open forum.
desks and providing funding to en- was the case last year, an All Blacks The Gisborne association invited del-
sure this happens. test was being played at the same time. egates to next year’s conference in Gis-
• enabling Justices to acquire and en- More than one attendee was seen check- borne.
hance the professional skills required ing the score on a mobile phone. Enter-
tainment for the evening was provided Thank you to the Far North association
to perform their roles effectively
by a local theatrical group with an ex- and its organising committee for host-
• ensuring a robust and sustainable ing the conference and to the delegates
tremely funny parody of a service desk.
organisation to meet strategic objec- for their participation.
tives in a changing environment Sunday morning commenced with a
CROSSWORD
ACROSS: DOWN:
1 1 2 3 4 1 Emcee 1 Found above the
5 Unmitigated Shift-lock key
6 Cross-examine 2 Of the sun
(sl) 3 Central Otago
5 6 7 8 Hamlet
11 Legendary king
town
4 Brink
associated with 5 Attacker
Camelot 6 Forbearing
12 German indus- 7 Phone rant (anag)
8 9 10 11 trialist credited 9 In your face (2,5)
with saving 1200 10 Personification of
Jews during the the British Empire
Holocaust 15 Formally demand
13 Illumination 17 “The Greatest”
12 14 Proceeding 19 Revealed or made
16 Domesticate public
18 18 Element
in music
I M P E A C H M E N T
13 14 15 or maths
U I I L
eg
I O N T A M E N O T A T
20 Charge
O N S N L
of mis-
I O N A U R O R A A C T
conduct
E L T R N L
16 17 18 19 against
H S C H I N D L E R I
a public
T P R N I A
office
A R T H U R S U B U R B
holder
X A A A S
26 20
E P U M P L U T A B S O
L I O A
A S T E R S T M T O AYou can also read
