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QUARTERLY - 'Kiwi law' emerging - Auckland Justices Of The Peace ...
Justices’
Page 1

                     January 2018
                      Volume 86
                       Number 4

         QUARTERLY

   ‘Kiwi law’
    emerging         FIAT JUSTITIA
                     RUAT CAELUM
QUARTERLY - 'Kiwi law' emerging - Auckland Justices Of The Peace ...
Page 2                                            PRESIDENT’S PAGE                                                      1

  Providing quality service
T
        enā koutou.                                                                skills to ensure ongoing quality of
        As I sit down to write my last                                             service to the public. Justices, as
        column as President the sun                                                statutory officers of the law, should
        is streaming in and winter is                                              be no less accountable than any
a distant memory.                                                                  other official charged with serving
Time certainly marches on, and as I                                                the public.
reflect on nearly two years in office I                                            Accessibility of our services
can only agree that the one constant                                               continues to be enhanced throughout
in life is change. When thinking                                                   the country by the increase in
about the Royal Federation of New                                                  service desks. We have long
Zealand Justices’ Associations’                                                    provided services from our homes
Vision Statement, “Excellence in                                                   and workplaces but the introduction
the provision of accessible justice                                                of service desks is a relatively
services”, there have been some                                                    recent initiative. Associations are to
significant developments in both                                                   be congratulated on the increasing
the “excellence” and “accessible”                                                  number of desks and thus the hours
components over the past two years.                                                Justices are making themselves
Accreditation,      introduced      in                                             available to the public. I would
July 2016 after considerable                                                       encourage any Justice who does
                                          Federation President Denise Hutchins     not currently participate in a service
discussion at successive AGMs,
is aimed at ensuring Justices                                                      desk roster to give it a go if you have
                                          Minister of Justice and Ministry
continue to provide a quality                                                      some time available. I appreciate
                                          of Justice officials in an attempt to
service, by maintaining their skills                                               it is not always possible for those
                                          get the matter of the requirement
and knowledge. However, it is a                                                    in employment or with other
                                          for ongoing competence addressed.
voluntary process and currently                                                    limitations on their availability, but
                                          The election meant there was a
only available to Justices who are                                                 those of us who can, should.
                                          pause in that activity but now that
members of affiliated associations.       the new Ministers have received          Thank you to all associations for the
The maintenance of competence             their delegations, we are renewing       welcome afforded Board members
in the role once sworn in, for all        our efforts. There is much to do         at AGMs. As always we enjoyed
Justices of the Peace, is an area that    in this area and Justices can rest       the opportunity to meet with as
needs addressing urgently. There          assured that it will be a key focus      many Justices as possible and to
is no requirement in legislation          for the Board in the year ahead.         provide an update on Federation
for this to occur. That two-thirds                                                 activities. I am looking forward to
                                          The majority of associations
of the Justices in New Zealand                                                     chairing the AGM/Conference in
                                          continue to explore ways to engage
belong to the Federation’s affiliated                                              Christchurch on March 2-4. Hosted
                                          their wider membership and are
associations, and thus have access                                                 by the Canterbury association, who
                                          open to innovative ideas about how
to ongoing education, does not                                                     are celebrating their centennial in
                                          this might be achieved. Some are
guarantee they will maintain the                                                   2018, it would be fitting if as many
                                          having considerable success, others
most up-to-date knowledge. The                                                     Justices as possible were able to
                                          struggling. My challenge to Justices
issue most commonly raised at                                                      attend.
                                          who do not attend keeping up to
association AGMs I have attended          date sessions at least once a year is,   I trust that all Justices and their
over the past two years is, how do        how do you know you are providing        families have had a safe and relaxing
we engage Justices who belong             a quality service to the people who      time over the holiday period and are
to our association but don’t keep         come to see you? By what standard        looking forward to an active and
themselves up to date?                    do you measure yourself?                 positive 2018.
Following the direction given by          Justices give their time to the          Ngā mihi nui.
associations at the 2017 AGM in           community to undertake the role.         Denise Hutchins
Rotorua, the Board has been active        This does not exempt them from
in engaging with the Associate            having the current knowledge and
QUARTERLY - 'Kiwi law' emerging - Auckland Justices Of The Peace ...
Page 1                                                                             NEWS

                                              Education role filled
                                            S
                                                  hinae Skelton has been appoint-
                                                  ed to the role of Professional De-
                                                  velopment Advisor, previously
AND ITS AFFILIATED ASSOCIATIONS             the National Education Officer. She is
Te Kāhui Pou Whakatau Ture O Aotearoa       based at the Federation National Of-
                                            fice in Wellington.
    EDITOR: GEOFF DAVIES JP
    Email: merlin81@xtra.co.nz              Shinae comes to the Federation from
       Phone: 04-472-5566                   the Wellington District Court, where
                                            she was a Deputy Registrar and the
 NATIONAL OFFICE: TONY PUGH JP              Jury Trial Scheduler.
    PO BOX 5005 WELLINGTON
                                            “My time at the District Court was an
Telephone 04-918-8447 Fax 04-918-8034       invaluable learning experience,” she
     Email: registrar@jpfed.org.nz          says.
      Website: www.jpfed.org.nz
        ISSN 2382-12164 (print)             “I collaborated with passionate Jus-
       ISSN 2382-1272 (on-line)             tice professionals, met customers cop-
                                            ing with extraordinary circumstances                       Shinae Skelton
                                            and experienced the law in action. I
                                            enjoyed working with several Judicial         “Thank you all for your warm wel-
                                            Justices of the Peace during that time        comes. One of the most attractive
           January 2018                     and hope to work with many more.              aspects of this job is the opportunity
          VOL 86 No: Four
                                            “While working at the District Court          to work with people who are commit-
                                            I completed my law degree and also            ted and engaged. I look forward to the
 Judicial practicum,                        a Bachelor of Arts, majoring in psy-          challenge of delivering educational
 ACJA conference - reports             2    chology. I also began post-graduate           resources that meet your needs and
 ‘Taking it to the streets’            3    study in the field of forensic psychol-       learning styles.
 From the National Manager             4    ogy.                                          “Please feel free to contact me if you
 At the Ashburton AGM                  5    “I am currently enjoying my first             have any ideas for the Education pag-
 Regional conference                   6    study break in nearly a decade. In my         es or issues you would like to raise.
 Education                          7-10    spare time I am an avid baker, novice         I hope to meet or hear from many of
 Cover story: New Zealand                   DIYer and aspiring traveller.                 you.”
 law emerging                         11
 Crossword                            15                         Moving with the times
 Letter to the editor                 16
                                              Readers have the option of receiving the Quarterly as a PDF rather than a hard copy.
 Hubbard               inside back cover      To take up this offer please advise the office by email: administrator@jpfed.org.nz.
                                              Telephone requests will not be processed.
Patron: The Rt Hon Dame Patsy Reddy GNZM      • If you have already asked to receive the magazine electronically but you are
QSO Governor-General of New Zealand           still getting the hard copy, please advise the administrator.
President: Denise Hutchins JP
Immediate Past President: Graeme Kitto JP   ON THE COVER: Rewa Bennett (Ngati
Vice-President: Rachael O’Grady JP          Manu), pictured in 1932, was New Zea-
Northern Regional Representative:           land’s first Maori woman JP. Her great-
Peter Osborne JP                            grandson, District Court Judge Greg
                                            Davis, and research counsel Jaime-Anne
Auckland Regional Representative:
Patrick Samson JP                           Tulloch have contributed a landmark
                                            article to this issue of the Quarterly on the
Central Regional Representative:
                                            development of a New Zealand flavour to
Terry Byrne JP
                                            the law, and how JPs have a role to play
Southern Regional Representative:
Cathy Hurst JP                              in that process – see P11.
Honorary Solicitors: Buddle Findlay
National Manager and Registrar:
Tony Pugh JP MBA BBS ACA
                                                               AGM/Conference 2018
Professional Development Advisor:
Shinae Skelton BA LLB
                                                                 in Christchurch
Administration Officer: Sarah Gillard                               March 2-4
Editor, NZ Justices’ Quarterly:
Geoff Davies JP                                                      Register now to attend at jpfed.org.nz
QUARTERLY - 'Kiwi law' emerging - Auckland Justices Of The Peace ...
Page 2                                                         NEWS

              Mission accomplished   By Federation Vice-President RACHAEL O’GRADY

A
      fter six months of dedicated study      Cathy Hurst and Wellington Judicial           edin and as far north as Whangarei,
      in the Judicial Studies Course, 13      Justice Hewitt Humphrey. National             the students coped very well in this
      Justices were invited to attend         Manager Tony Pugh and Administra-             new context, exercising a new set of
the 2017 practicum held in Wellington         tion Officer Sarah Gillard also made          skills. During their time in Wellington
in November.                                  valuable contributions to the smooth          all the Justices described the sense of
Judge Barbara Morris, as the Chief            running of the practicum.                     challenge they experienced before the
District Court Judge’s delegate, over-        The Federation is also grateful for the       practicum, but which soon gave way to
saw the practicum. That role involved         time that Police prosecutors and law-         a sense of achievement and a keen de-
leading discussion-based sessions, ob-        yers from the Public Defence Service          sire to continue learning.
serving how students responded in the         set aside to be involved in the practi-       There is no denying that the commit-
discussions and how they managed              cum. There is a great deal of value in        ment to study is a considerable one
themselves during the courtroom role-         having contributors with their level of       and the 2017 cohort of students is to be
play opportunities.                           experience who are happy to share their       commended on the positive attitudes
I served as programme facilitator, ably       knowledge and time with our students.         they displayed throughout the practi-
assisted by Federation Board member           Coming from as far south as Dun-              cum.

  Back row, left to right: Hewitt Humphrey, Dennis Bush-King, Cathy Hurst, Greg Clapp, Darren Quirk, Kevin Tansley,
    Aaron Snodgrass, Carl Netzler, Garry Nicholls, Judge Barbara Morris. Front row, left to right: Colleen Hayes,
         Tina Barrett, Emanuel Kalafatelis, Fiona Dransfield, Billie Watmuff, Rachael O’Grady, Betsy Wynne.

                               An Australasian voice
                                           By Federation President DENISE HUTCHINS

T
     he annual Australasian Council           of “An accessible, consistent and high-       As is usual at such meetings the infor-
     of Justices’ Associations (ACJA)         quality Justice of the Peace service in all   mal discussion time was very valuable.
     conference was held in Adelaide          Australasian jurisdictions”; a number of      It appears that Justices not remaining
in October last year. The Federation          education-focused proposals, including        current in their role is a problem in
was represented by Vice-President             an accreditation process for the Austral-     Australia, as it is here. Various mecha-
Rachael O’Grady and me. A brief but           ian states; changes to financial arrange-     nisms have been tried in Australian ju-
well-organised conference provided the        ments for the ACJA, and an adjustment         risdictions but without legislation and/
opportunity to talk with representatives      to the organisation’s voting system.
                                                                                            or resources, they have had limited suc-
from the majority of jurisdictions in         Rachael and I were members of and             cess. Tasmania is currently considering
Australia.                                    contributed to the strategic plan and         a draft Justice of the Peace Bill which
Throughout the past year the ACJA Ex-         education working groups throughout           requires Justices to maintain compe-
ecutive has facilitated the development       the year.                                     tence but is silent, at this stage, on the
of a number of initiatives that were in-      The future of the ACJA was also dis-          mechanism to achieve that.
formally discussed at the Friday after-       cussed, with New Zealand proposing
noon conference session, and formally                                                       The next meeting of the ACJA will be
                                              that that it work towards becoming the
addressed at the Saturday meeting.            professional voice for Australasian Jus-      held in New South Wales in October
These included the adoption of a stra-        tices’ associations.                          2018, and our Federation will host the
tegic plan for the ACJA, with the vision                                                    2020 Conference.
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Page 3                                                       NEWS

            ‘Taking it to the streets’
By GRAEME KITTO                                                                         “For me, the whole experience was

I
                                                                                        very humbling,” said Ian. He was im-
   n November 2017, for the first time                                                  pressed with the variety of ethnicities
   since April 2012, Immigration New                                                    of the clients, the manner in which they
   Zealand offered an opportunity for                                                   related to each other and the calm way
former refugees to apply to sponsor
                                                                                        in which everyone went through the
family members to New Zealand.
                                                                                        process, thanks to the excellent organi-
The numbers of such refugees attend-                                                    sation of the exercise.
ing information meetings around the
                                                                                        The success of these two days can be
country confirmed there would be a sig-
                                                                                        measured not by the numbers of clients,
nificant amount of interest in Refugee
                                                                                        but by their satisfaction. Certifying cop-
Family Support Category Tier Two, as
it is officially known.                                                                 ies and administering statutory declara-
                                                                                        tions is a “bread and butter” task for
In Hamilton, the Settlement Centre Wai-                                                 Justices of the Peace but each is very
kato (formerly the Migrant Resource                                                     important for the client, and so it was
Centre), Decypher Interpreting Service,                                                 for the 15 clients seen on average by
Waikato Refugee Forum, Community                                                        each pair of Justices.
Law Waikato and the Hamilton City
Council (through its ethnic develop-                                                    Toni Trim, the community develop-
ment adviser) all committed to support-      Community Law assistant manager            ment co-ordinator for Community Law,
ing the initiative. It was agreed that the   Angela Smith on her way to post the        thanked all who participated: “It cer-
                                                       applications.                    tainly has been a community effort and
help of Justices of the Peace would be
beneficial to the application process, by                                               the impact on the lives of the people we
certifying copies of the required docu-      great opportunity to interact with the     are assisting to reunite with loved ones
mentation and administering statutory        Hamilton community and to work to-         will be huge!”
declarations.                                gether with the other agencies.            The two shifts the teams worked
Arrangements were quickly made to            Three of the four pairs of Justices in-    weren’t quite the end of the exercise. A
have pairs of Justices on hand during        volved male and female combinations.       week later, one of the group, John Gow-
the 6.5 “open hours” on day 1 and the        John Gower said that clients appreci-      er, was contacted by Community Law
4.5 hours on day 2.                          ated having the choice, as they did hav-   requesting further assistance. John was
Taking Justices’ services to the com-        ing access to interpreters. Being helped   able to attend, and put in another four
munity in this way was both useful and       to fill in the application forms meant     hours during which he saw 31 people
deeply appreciated by applicants and         that the documents presented by clients    and carried out 101 tasks, with people
agencies - and the Justices all enjoyed      were all complete and accurate.            queuing up from start to finish. Not just
the interaction and seeing the satisfac-                                                another day at the office!
                                             Ian McMichael took his service one
tion of their clients.                       step further. When a family member         “I was happy to help again, but I’m sure
“All the clients were very grateful,” said   told him that a disabled Afghani man       any of the others would have done the
Don McNaughton. “There was such a            could not enter the building, he went      same, and so should any JP, for that
strong bond of family helping family.”       immediately to the vehicle in which the    matter. That’s what being a
Vaninder Bassan, a past president of the     man was sitting in the carpark and un-     JP is all about - helping out
Waikato association, said that it was a      dertook the required tasks.                whenever you can,” he said.

Ian McMichael went out to the car       Vaninder Bassan and Abdirizak
park to assist a client who was            Abdi – heads down and
unable to access the building.                    pens up.                 Brian Prestidge and Gladys Stephens on duty.
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Page 4                                                       NEWS

                    TONY PUGH reports from the Federation National Office

                    FROM THE
                    NATIONAL MANAGER
Conference 2018
Remember to send your registration forms to the Canterbury       Peace association be based on the number of hours JP service
association ASAP (registration details are on the website).      is available at that location. Where two or more JPs are on
                                                                 duty at the same time at a service desk each Justice of the
Board nominations                                                Peace’s hours should be counted.
The following nominations for the Board were received:
                                                                 4. Auckland Justices of the Peace Association will move:
President: 			                      Rachael O’Grady
                                                                 That there be no limit on the number of new service desks
Vice-President: 			                 Patrick Samson               per association when funding for a new service desk is being
Northern Regional Representative: Peter Osborne                  granted.
Auckland Regional Representative: Patrick Samson                 5. Auckland Justices of the Peace Association will move:
Central Regional Representative:    Sheridan Hickey, Peter       That the Board seek funding from the Ministry of Justice of
Debney                                                           at least $100,000 for Ministerial trainers/educators. This to
Southern Regional Representative: Catherine Hurst                be allocated to associations on the basis of the number of
                                                                 association members.
The election (confirmation) for President and Vice-President
will take place at the AGM as provided for under Rules 6 and     6. Bay of Plenty Justices of the Peace Association will
17 (b) of the Constitution.                                      move:
The Central Regional Representative will be decided by bal-      That the Federation Board consider additional pathways to
lot in accordance with Rule 6(f) of the Constitution.            Accreditation.
Notices of motion and remits                                     7. North Otago Justices of the Peace Association will
                                                                 move:
Full details including rationale have been circulated to as-
sociations via circular and will appear in the Conference pa-    Pursuant to the notice of motion tabled at the 2017 Confer-
pers.                                                            ence, that the commencement of clause 19 (a) be amended to
                                                                 read: “The Annual Conference be held in alternate years (bi-
Notices of motion: Rule 22
                                                                 ennial) either in February or March commencing in the year
The Board will submit notices of motion related to the Con-      2020, the exact dates to be determined by the Board . . . ,”
stitution and policies which have been reviewed by associa-      the rest of the clause to stand, and that any relevant clauses
tions during the year.                                           of the Constitution affected by this amendment be amended
Remits: Rule 20 (a) viii                                         accordingly.
1. Auckland Justices of the Peace Association will move:         Financial recommendations
That the Board establish a working group, including a rep-       The Board will move the following:
resentative of the Ministry of Justice, to investigate how the   (i) Capitation Fee: That for the financial year commencing
appointment and ongoing eligibility of Justices of the Peace     on November 1 2018 the Capitation Fee payable by affiliated
can be enhanced to ensure the service provided to the com-
                                                                 associations pursuant to Rule 3(a) of the Constitution and
munity is both of a high standard and is easily accessed. The
                                                                 Rules be set at $15 (exclusive of GST) per head, based on
working group to consult widely and to report back by Sep-
                                                                 membership as at August 31 2018 and payable in one instal-
tember 30 2018, with its report and any recommendations
                                                                 ment by February 1 2019 (currently $15).
being a matter for consideration by Conference 2019.
                                                                 (ii) NZ Justices’ Quarterly: That the price of the NZ Jus-
2. Auckland Justices of the Peace Association will move:
                                                                 tices’ Quarterly remain at nil to members.
That Royal Federation clarifies which types of complaints
other than those arising from Ministerial roles and functions    (iii) Communication Grant: That for the financial year
are to be dealt with under our complaints procedures.            commencing on November 1 2017 the Communication
                                                                 Grant payable to affiliated associations is budgeted at $3 (ex-
3. Auckland Justices of the Peace Association will move:         clusive of GST) per head, based on membership as at August
That funding for service desks authorised by a Justice of the    31 2017 (currently $3).
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Page 5                                                         NEWS

                            Half a century as a JP
H
       ighlights of the Ashburton asso-
       ciation’s 2017 AGM included a
       special tribute from visiting Fed-
eration Vice-President Rachael O’Grady
to George Ward, the Federation’s second
most senior Past President, who retired as
patron of the association at the meeting.
George, now a JP (Retired), is aged 90
and notched up 49 years of active service
in the role.
Rachael said that George had served the
Ashburton association in numerous roles
before becoming Southern Regional Rep-
resentative and then Federation President
in 1985. She congratulated him on his
recent 90th birthday and wished him the                               George Ward and Rachael O’Grady.
best of health in the future.
Replying, George said that he has en-
joyed every moment of his 50 years as
a Justice of the Peace. He reminisced
about his term of office as President, dur-
ing which there was a surplus in the fi-
nancial accounts which he persuaded the
then Treasurer to set aside in a separate
account. These funds have subsequently
become the Education Trust.
His final service to the association was
as patron for the past nine years. He has
been succeeded by another local Past
Federation President, Kevin Geddes.
                                                  George Ward and his wife Eileen with Southern Regional Representa-
Noel Lowe                                                               tive Cathy Hurst (left).

                Changing of the guard in Ashburton

  Ashburton’s Noel Lowe, one of the Federation’s best-known and most respected association registrars, handed over to Anne
  Parnham at the recent AGM after 12 years in the chair. Federation Past President Kevin Geddes presented Noel and wife Audrey
  with a coffee table book of landscape photographs to acknowledge his outstanding service over the years (left). It was an
  especially suitable gift, given Noel’s own interest and expertise in photography - a skill which has often been deployed in sup-
  port of the Quarterly at Federation Conferences and other events. Well done Noel! (Although we note that you are now Deputy
  Registrar . . . . ) Right, what do you call a group of registrars from one association? From left, John Harper who retired from the
  role in 2005, Anne Parnham, elected in 2017, and Noel Lowe who succeeded John and preceded Anne.
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Page 6                                       SOUTHERN REGIONAL CONFERENCE

 Plenty
 to
 discuss
  By IAN MOORE

  T
        he 2017 Southern Re-
        gional Conference was
        hosted by the West
  Coast association and held
  in Greymouth on September
  2-3. West Coast president
  Tony Fortune opened the
  conference and welcomed Southern men and women at work at the 2017 regional conference in Greymouth,
  delegates.                                 hosted by the West Coast association. Pictures: NOEL LOWE
  Highlights of Federation                   complaints   (possibly involving le- points included:
  President Denise Hutchins’s address        gal action) about Justices may need • Associations should be considering
  included:                                  action from the Ministry of Justice.    succession planning, especially in
  • The Ministry of Justice and the Fed-   Our  Sunday morning guest speaker         rural areas.
    eration have agreed to trial Justices was Greymouth business consult- • Justices are appointed to serve the
    officiating at Registry Office wed- ant and chairperson of Heritage West         community, and need to serve that
    dings. Justices will need training for Coast Jackie Gurden, who spoke about      community by carrying out all the
    the task and the Waikato association setting up, managing and marketing          duties required by the appointment.
    is working on this. JPs are paid $50 the West Coast Wilderness Trail, a
    per service.                           132km cycle track from Ross to Grey- • Ensure websites are up to date, in-
                                                                                     cluding making sure service centre
  • Accreditation has had its first review mouth. Some 7000-10,000 people            details are posted (and that associa-
    and some changes have been made        a year use  the trail, with the average
                                           spend per person on food, accommo-        tion details are on the service cen-
    for simplicity.                                                                  tre’s own website if it has one).
                                           dation etc valued at $1000. The trail
  • The Federation has had a discus- has created over 30 full-time and part- • Be aware of “dead wood” – the
    sion with a banking institution to time jobs.                                    Otago association has an appropri-
    simplify certifying financial docu-                                              ate letter designed for this (“Retire
    ments. The bank seems to think that National Manager Tony Pugh also              with dignity”).
    Justices should know all documents addressed the conference. His main
    and they were not going to change                                              Finally, Rachael O’Grady facilitated a
    their format.                                                                  workshop, focusing on:
  • The Education Trust has built up                                               • What can we do as an organisation
    about $114,000 and is looking for                                                to better serve our community?
    more donations. One recent sugges-                                             • What   can we do as individuals to
    tion for use of its funding is to set                                            better serve our community?
    up an electronic library for trainers.                                         • What is the most important aspect of
  Federation Vice-President Rachael                                                  service we can provide?
  O’Grady also covered a range of top-                                             As you would expect, the ensuing
  ics in her address, including:                                                   valuable and enjoyable discussion
  • The review of the Constitution, in-                                            covered many subjects, including
    corporating modern wording – the                                               some that had already been discussed
    reworded Constitution has been sent                                            in other parts of the programme, but
    to associations for consideration.                                             we were all taken with this version
  • Grievances coming to the Federa-                                               of a quote used by various prominent
    tion from Justices about clients or                                            personalities over the years (including
    from members of the public regard-                                             Muhammad Ali): “Service is the price
    ing Justices: some complaints can       West  Coast  association    president  we pay for living on this Earth”.
    be sorted out internally within an        Tony Fortune and Southern Re-
    association but still must be notified   gional Representative Cathy Hurst
    to the Federation but more serious          at their regional conference.
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Page 7
                                                 EDUCATION                                                                   Page 7
                                                                                                                      JANUARY 2018

                        No room for error when taking

                           AFFIDAVITS
  An item on affidavits appeared
  in a recent Quarterly, but the
  errors and simple mistakes we
  are currently seeing remind us
  all of the need for accuracy
  and vigilance.
  An affidavit is a statement made on
  oath, in writing, sworn or affirmed,
  taken by someone who has authority to
  administer it. The wording and layout
  is regulated by the High Court Rules
  2016, Family Court Rules 2002 and
  District Court Rules 2014.
  The completion of affidavits is covered by
  the Oaths and Declarations Act 1957.

   What is an affidavit?
  An affidavit is similar to a statutory declaration in that it is   If the affidavit is part of a marriage dissolution, check first
  a solemn form of recording a truthful statement. The dif-          that the declarant has the correct marriage certificate; that is,
  ference between a statutory declaration and an affidavit is        the Births, Deaths and Marriages form and not the certificate
  that an affidavit is sworn or affirmed and is usually used as      issued by the minister or celebrant.
  evidence in connection with a court proceeding. It is for          Chapter 8 of your Ministerial Manual is your guide. Read it
  this reason that we must ensure the accuracy of these docu-        and use it at all times!
  ments when requested to administer them.

     When administering an affidavit, follow the 17 steps below:
     1 The deponent must be present. It is not possible to            10 Ask the deponent whether it is their affidavit, wheth-
       take an affidavit for someone else, or at a distance.             er they have read it and is it true.
     2 Check the deponent’s identification.                           11 Have the deponent either swear or affirm the affi-
     3 Check for and attend to alterations or deletions (must            davit.
       be initialled by both the JP and deponent).                    12 They must answer “Yes” or “I do” aloud, so that it
     4 Check for blanks and gaps (see chapter 4.11 of your               can be heard.
       manual for the process).                                       13 Have the deponent sign and date the document.
     5 Check that all pages are numbered (follow chapter              14 Complete and sign the jurat. Cross out the role, if
       4.12 of your manual).                                             other than a JP. If nothing is written, write “JP”. En-
     6 Ask whether the deponent wishes to swear or affirm                sure the jurat is dated. Include your JP number for
       the affidavit.                                                    reference.
     7 Ensure the wording at the beginning of the affidavit           15 Both you and the deponent now initial EVERY page,
       follows the correct form (chapter 8.3).                           except the one with your full signature.
     8 Fill in the place. It must be the town or city where it        16 Complete any exhibits.
       is signed.                                                     17 Check, check, check!
     9 Complete the date.
QUARTERLY - 'Kiwi law' emerging - Auckland Justices Of The Peace ...
Page 8 8
   Page                                            EDUCATION
                                                                                                                JANUARY 2018

           Burial and Cremation Act 1964
     We have been notified by a Taranaki
     Justice that they recently signed a
     letter requested by a funeral direc-
     tor, to the local authority, using the
     words “I direct you to . . .”.

  The essence of the letter was to direct a local authority to    of the Peace are both wide and varied, but you are strongly
  provide burial services for a deceased person free of charge    advised to carry out due diligence before signing any such
  - in this case, the local crematorium facility to cremate the   documents. Should you be in any doubt if confronted with
  body of a man who died without family and with only a few       such a request, contact the Federation office and seek clari-
  dollars left in his bank account.                               fication before proceeding.
  Unusual as it may seem, section 49 (1) of the Burial and        Ministry of Social Development funeral grant
  Cremation Act 1964 permits such a direction and specifi-
  cally requests the signature of a Justice of the Peace.         The Ministry of Social Development (MSD) provides as-
                                                                  sistance with funeral expenses.
  That section says:
                                                                  A funeral grant can help with some of the funeral costs of
  49 Burial and cremation of poor persons                         someone who has died.
     (1) A local authority having the control and manage-         Who can get it?
     ment of a cemetery and any person or body of per-
     sons (including a local authority) having the control        You may get a funeral grant if you are either:
     and management of a crematorium may, and upon                • the partner, spouse, child, parent or guardian of the per-
     an order signed by a Justice shall, permit the body of         son who died, or
     any poor person, and of any person from any hospi-
     tal, prison, or other public institution, on the request     • you are arranging the funeral of someone with no partner,
     of the person in charge of such institution, to be bur-        spouse or direct relation.
     ied in the cemetery or cremated in the crematorium           The funeral grant is income- and asset-tested. The test de-
     free of charge: provided that every Justice, before          pends on whether the person who died had a surviving part-
     signing any such order, shall satisfy himself that the       ner or dependent children, or if they were a child. (A child
     deceased person has not left sufficient means to pay         is a single person under the age of 18, unless they were 16
     the charge, and that his relatives and friends are un-       or 17 years old and financially independent.)
     able to pay the same.
                                                                  The person who died must have normally lived in New
     (2) If any person is known or believed to have be-           Zealand.
     longed to any particular religious denomination, he
     shall be buried in the portion of the cemetery (if any)      If you are their partner, spouse, parent or guardian it also
     set apart for that denomination.                             depends on:
  Compare: 1908 No 19 s 25; 1950 No 42 s 3 Section 49(1):         • how much you earn
  amended, on 1 June 2005, by section 206 of the Corrections
                                                                  • any money or assets you have.
  Act 2004 (2004 No 50).
                                                                  Contact your nearest MSD office for assistance and advice.
  This simply confirms that the role and duties of a Justice
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                                                     EDUCATION                                                               Page 9
                                                                                                                      JANUARY 2018

         Client privacy
    Following a recent complaint, the issue of client privacy
    has resurfaced.
    Specifically, the matter involved the completion of an af-
    fidavit at a service desk and the complaint has centred
    around the need for privacy.
    This is an important issue and because service desks are
    so public, the Justice of the Peace must be cognisant of
    the surroundings and in particular, the document which
    they are administering. However, the onus falls on the
    client - if the client expresses concern about the lack of
    privacy (particularly involving affidavits), then the cli-
    ent’s wishes must be met.                                        ternative, make other arrangements for the client outside
                                                                     of the service desk, such as at the Justice’s home. If this
    It would be best to make arrangements for either a private       is not suitable to the client, then direct them to an alterna-
    area in which the document can be completed or as an al-         tive option (another JP, lawyer etc).

         Certifying copies
    Chapter 5 of the Ministerial Manual is our guidance in           that actually suits your situation. The important factor is
    terms of certifying copies. On P27 of the manual (the in-        that you reflect what it is that you have seen, on what de-
    troduction to chapter 5) the last paragraphs in some ways        vice or document and then verify that it is an exact copy
    sum up the issue of certifying copies:                           of what you have seen.
    “Justices of the Peace are also now more frequently asked        A bit of advice:
    to certify that a typed or printed copy of a transcript of the
    words on a cellphone or computer screen is a ‘True copy’         • Do not use your own computer or phone to access their
    of what was on the screen.                                         documents.

    “There are therefore, several different phrases you may          • Ensure that the clients use their devices to show you
    need to write on a copy, depending on the circumstances.           what it is that they wish to display.
    There is no prescribed wording that must be used.”               • Use words that suit the situation and accurately de-
    This is saying that you will often have to use your initia-        scribe the document you are certifying.
    tive and creativity to insert words that reflect the situation   Unfortunately, there is no easy way around this process.
    you face. Yes, there are suggested examples on P31, but          It is totally impractical to have a stamp or stamps to cover
    the reality is that you might just have to write something       every situation and this is why the manual (and Accredi-
                                                                                        tation for that matter) says that there is
                                                                                        no prescribed wording. The key is that
                                                                                        you verify that what you are seeing on
                                                                                        a device, transcript or document is what
                                                                                        the copy shows.
                                                                                        Furthermore, when certifying a copy,
                                                                                        the Justice of the Peace is certifying that
                                                                                        the copy is/was a true copy, but is not
                                                                                        verifying the authenticity of the origi-
                                                                                        nal. In other words there is no liability
                                                                                        on the Justice of the Peace, but clearly,
                                                                                        we have a duty to check the original to
                                                                                        the best of our ability.
                                                                                        Finally, if you are in any doubt, you can
                                                                                        always get the individual to make a stat-
                                                                                        utory declaration as to the authenticity
                                                                                        of the documents presented to you.
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 Page 10                                             EDUCATION
                                                                                                                  JANUARY 2018

      Maintaining a Record of Activities
    This is an issue which is raised frequently. Chapters 2        ing a record of what you do is important in the event
    and 3 of the Ministerial Manual provide us with clear          that an agency needs to substantiate a document. This
    guidance as to how we should operate as Justices of the        has become more common of late with banks and finan-
    Peace. The over-arching document is the Justices of the        cial institutions, as they are subject to the Anti-Money
    Peace Act 1957, but our manual provides all the neces-         Laundering Act. Equally, we have noted recent instances
    sary information for us to meet our requirements.              where identity fraud has occurred. There have also been
                                                                   instances where agencies such as lawyers and the police
    In addition to the Act and the manual, you can use the         have made inquiries about documents administered.
    website: justiceofthepeace.org.nz
                                                                   Chapter 3.8 of the Ministerial Manual provides us with
    Point six of the Code of Conduct says that we must:            an example record. You may wish to use this or alter-
    “maintain a record of activities, provided the information     natively design something for your own use. Whatever
    stored is not used in any manner contrary to the Privacy       approach you take, make sure you include the date, the
    Act.”                                                          client’s name and a brief note of what you did.
    It is not our intention to define the Privacy Act, but keep-

          Examples:
            Date                 Time                Name                  Activity                    Location
            23 Nov 2017        11.20am            John Smith          Copy of Passport               Richmond Mall
            23 Nov 2017		                         John Smith          Copy of Passport

          Either of these would be suitable examples to use, but including time and location would make it easier for you
          to refer to, if required to verify an activity.

      Vodafone/Clear emails
    Please remember to update your records if you have changed your email as a result of the withdrawal of Vodafone/
    Clear/Ihug/Paradise emails.

      2012 Amendment to the Wills Act 2007
     A reminder about a change to the Wills Act 2007 – the          (4) At least 2 witnesses must—
     amended section 11 which covers validity is reproduced
     below:                                                             (a) be together in the will-maker’s presence when
                                                                        the will-maker—
                                                                           (i) complies with subsection (3); or
     Validity
                                                                           (ii) acknowledges that—
     11 – Requirements for validity of wills
                                                                               (A) he or she signed the document earlier and
     (1) A will must be in writing.
                                                                               that the signature on the document is his or
     (2) A will must be signed and witnessed as described in                   her own; or
     subsections (3) and (4).
                                                                               (B) another person directed by him or her
     (3) The will-maker must—                                                  signed the document earlier on his or her be-
                                                                               half in his or her presence; and
          (a) sign the document; or
                                                                        (b) each sign the document in the will-maker’s pres-
          (b) direct another person to sign the document on his         ence.
          or her behalf in his or her presence.
Page 11                                                    FEATURE

                                    This article by Northland District Court Judge GREG
                                      DAVIS and Northland Judges’ research counsel
                                    JAIME-ANN TULLOCH is based on a presentation to
                                   last year’s Northern Regional Conference in Kerikeri.

                                   First, thank you for the opportunity to present to
                                   the conference, and then to provide this article
                                   for a wider audience. As a great-grandson of
                                   Rewa Bennett, the first Māori woman Justice
                                   of the Peace in Aotearoa, and the son of a cur-
                                  rent Justice of the Peace, it is an honour and a
                                            privilege to be here.
                                                   We were asked to speak at the con-
                                                    ference about the importance
                                                     of adopting a constitutional
                                                      reference to the Treaty of
                                                       Waitangi in the work of
                                                       Justices of the Peace.
                                                  The theme of the origi-
                                                   nal full-length article
                                                    was to trace the devel-
  Judge Greg Davis                                                              Rewa Bennett
                                                     opment of the law in
                                                     New Zealand and to
note a distinct shift away from traditional origins and sources of law to what appears to be an emerging
New Zealand law. In other words, the law is speaking with a distinctly New Zealand accent. Here we follow
the trail by looking at a series of cases that have come before the courts and the Waitangi Tribunal.
Changes to the Federation’s Constitution are another example of the New Zealand accent showing through
in the law. The adoption of a specific reference to Māori ambitions is a further step down the pathway to a
uniquely New Zealand set of laws.

 Law with a Kiwi accent
The role of JPs                             A constitution must reflect the values of     in history and New Zealand’s role in
Justices of the Peace have a role in        the society that created it. It also serves   becoming the first country in the world
achieving constitutional change. The        as a focal point for the commitment of        to allow women to vote is trumpeted
pathway to change begins with lan-          the members to those values. It sets out      around the world.
guage, discussion. Old words that may       a process by which those values can be        But in the 1890s the language and the
have suited the thinking at the time can    implemented. Any good constitution            legislation of the time spoke only in the
become obsolete. Debate about how           will be sufficiently broad to allow for       gender specific manner: “men”. The de-
and why those words came to be used         any progress and change to be adopted.        bate regarding the need to change the
ensues. The history or whakapapa of         Change may not be easy or comfort-            discourse began then in earnest and
the constitution is recalled as best as     able for some but is in many instances        changes to the constitutional framework
memory and records can reconstruct.         inevitable. History judges our response       followed thereafter. In the context of
Appropriate replacements are vigor-         to change and marks whether we drive          electoral reform the debate was driven
ously debated, the need for change at       change, embrace change or obstruct            by women of all ethnicities. Meri Man-
all is debated.                             change.                                       gakahia from Te Rarawa1 petitioned the
Language creates important markers          Kate Sheppard and other suffragists are       Māori Parliament in 1893 and Queen
for society to consider and for debate to   properly recognised as heroes and hero-       Victoria directly to initiate change and
be extended further within our broader      ines of a drive for universal suffrage –      the right for women to vote.2 In this case
society.                                    the right for women to vote. Their place      the constitutional framework required a
Page 12                                                 FEATURE

change to the legislation3 through the    of jurists as to the strength or weakness   “… any rights purporting to be con-
legislature in Wellington.                of the Native title … it cannot be ex-      ferred by such a treaty of cession can-
While history remembers favourably        tinguished (at least in times of peace)     not be enforced in the Courts, except
those who drove the fight to secure the   otherwise than by the free consent of       insofar as they have been incorporated
right for women to vote, and celebrates   the native occupiers.”5                     in municipal law”.11
those who have embraced the change,       Their view influenced the famous (or        In other words, if the Treaty of Wait-
history does not remember those who       infamous) decision of Chief Justice         angi was to have any force, Parliament
obstructed the change.                    James Prendergast in Wi Parata v Bish-      had to explicitly give effect to the rights
The drive to amend the Justices of the    op of Wellington6 where the Treaty was      guaranteed by the Treaty through leg-
Peace Constitution should be viewed in    declared a nullity “… as Māori lacked       islation.
the same light. How will history judge    the body politic capable of making such     The claims in Re: Ninety Mile Beach12
those who chose not to recognise the      a treaty”.7 The Treaty was described as     and in Re: Whanganui River13 have
relationship between Māori and Pakeha     nothing more than a document used to        been similarly unsuccessful.
and Māori and the Crown? How will         “pacify savages”.8
                                                                                      Things were not always this bleak. In
history judge those who did not set out   Returning to the importance of lan-         Re: Bed of Lake Omapere14 the Native
a pathway to achieve goals we should      guage, in a sweeping statement Chief        Land Court took a different approach
all aspire to?                            Justice Prendergast set the framework       to determine a claim by Māori to the
                                          for Treaty of Waitangi jurisprudence for    bed of Lake Omapere. The Native Land
                                          the next century. This approach contin-     Court heard extensive submissions
The Treaty and the courts                 ued in the famous case Nireaha Tamaki       about the history of the lake. It accepted
The Treaty of Waitangi has a chequered    v Baker9.                                   the significance of the lake as a water
history in the courts. In R v Symonds4    In Te Heuheu Tukino v Aotea Māori           source, the significance of the mauri
Justice Henry Chapman stated that4        Land Board10 Viscount Simon from the        of the lake and the interconnection of
“whatever may have been the opinion       Privy Council said:                         the lake to the surrounding aquifers and

Hone Heke, the first Māori chief to sign the Treaty of Waitangi, is shaking hands with Governor William Hobson (background)
  while behind him Kawiti is signing the Treaty and at the front a group of Māori is being challenged by a man with taiaha.
Page 13                                                    FEATURE

thermal springs at Ngawha. The Native                                                   the Treaty of Waitangi recognised. The
Land Court considered these                                                             “battle sites” moved from the streets and
matters inseparable from the                                                            the protest movement into the courts.
lake. Māori custom and tradi-                                                           Many would suggest that with recent
tions were central to the Native                                                        Treaty settlements, the battleground
Land Court’s determination.                                                             has shifted again from the courts to the
The Native Land Court consid-                                                           boardroom, and where necessary from
ered the lake to be “land with                                                           the boardroom to the corridors of Par-
water over it”.15 The Native Land                                                            liament.
Court did not consider there to be                                                              Huakina Development Trust v
any legal presumption that the sale                                                             Waikato Valley Authority19 was
of land to the lake’s edge automati-                                                            another significant case. Jus-
cally incorporated a sale of the land                                                           tice Muir Chilwell elevated the
under the lake.16 The decision was                                                             Treaty of Waitangi from a docu-
welcomed by local Māori as being a                                                            ment which set out the rights and
reflection of what they already knew.                                                                obligations of the Crown and
It was not well received by the gov-                                                                 the Māori partners, to one
ernment of the day and was promptly                                                                  in which (in his mind) was
consigned to the annals of history.                                                                   all-pervasive, declaring the
New Zealand Māori Council v Attor-                                                                      Treaty to be a part “of the
ney General17 or the “Lands case” is a                                                                  fabric” of New Zealand
significant decision. This case involved                                                               society.
the Labour Government of the time                                                                       It follows that because the
wishing to sell off large tracts of state-                                                              Treaty is part of the fabric
owned land. The New Zealand Māori                                                                       of New Zealand society,
Council contended that the transfer of                                                            it is part of the fabric of the
Crown land to a state-owned enterprise                                                     decision-making process that all of
would limit the potential for the Crown                                                 those who are involved in the Govern-
to settle historic Treaty grievances with                                               ment and dealing with Māori must bear
Māori.                                                                                  in mind. This includes decision-makers
The Court of Appeal agreed with Māori                                                   exercising judicial functions as a Jus-
and espoused the following principles                                                   tice of the Peace.
of the Treaty of Waitangi:                                                              Turning to a recent context, the Wait-
• The acquisition of sovereignty in ex-                                                 angi Tribunal’s Stage One Report
   change for the protection of rangati-                                                into Te Paparahi o Te Raki20: Ngāpuhi
   ratanga.                                                                             iwi and hapu claimed that in signing
• The Treaty established a partnership,                                                 the Treaty of Waitangi the rangatira21
   and imposes on the partners the duty                                                 did not cede sovereignty to the British
   to act reasonably and in good faith.                                                 Crown. The hapu relied on the text of
                                                                                        He Wakaputanga o nga Rangatira o Niu
• The freedom of the Crown to govern.                                                   Tireni, signed at Waitangi on October
• The Crown’s duty of active protec-                                                    28 1835. The text of He Wakaputanga is
   tion.                                     ceded sovereignty to the Crown was es-     significant because the words it used to
• The duty of the Crown to remedy past       pecially repugnant to Māori.               convey certain concepts such as sover-
   breaches.                                                                            eignty (mana) were not the words used
                                             There was a series of cases involving      in the Treaty of Waitangi.
• Māori to retain rangatiratanga over        the New Zealand Māori Council and the
   their resources and taonga and to         Crown in the period leading up to 1992.    The Tribunal considered He Wakapu-
   have all the privileges of citizenship.   Each case involved further efforts by      tanga to be “a resounding declaration
                                             the Government to sell off the Crown       of the mana and rangatiratanga of those
• Duty to consult.
                                             estate. Resistance from Māori was          who signed it on behalf of their hapū.”22
While this case heralded a change in the                                                The Tribunal considered it amounted to
approach to the relevance of the Trea-       strong and further cases were brought
                                             to the higher courts.18 These cases were   a declaration of sovereignty and inde-
ty that followed, to many Māori these                                                   pendence of those hapū. Further in He
Court-espoused principles of the Treaty      significant because they added layers to
                                             the relationship between the Crown and     Whakaputanga, “rangatira explicitly
of Waitangi were themselves controver-                                                  declared that no other person or group
sial. Māori felt they had won the SOE        Māori and developed the principles of
                                             the Treaty of Waitangi further. Not long   would be permitted to make laws with-
case but lost the “Treaty war”. The prin-                                               in their territories, nor to exercise func-
ciples of the Treaty of Waitangi as they     after the Crown Forestry Rental Trust,
                                             Te Mangai Paho, Iwi radio and Māori        tions of government except under their
were declared by the Court of Appeal                                                    authority and in accordance with their
looked too much like the English ver-        Television and Te Ohu Kaimoana were
                                             established.                               laws and decisions”.23
sion of the Treaty of Waitangi for Māori
                                             The period between 1987 and 1992           The Tribunal made findings that
liking. In particular, the notion that the
                                             represented a shift in the fight to have   Ngāpuhi rangatira in signing the Te
Treaty of Waitangi was a treaty that
Page 14                                                                            FEATURE

Tiriti o Waitangi “… agreed to a rela-                        thought and Treaty partnership that was                        tomary rights in 1840.”
tionship: one in which they and Hobson                        clearly missing in earlier cases.                              The Tribunal considered that te tino
were to be equal - equal while having                         The Court of Appeal in Ngāti Apa v At-                         rangatiratanga was more than owner-
different roles and different spheres of                      torney General31 determined that                               ship: it encompassed the autonomy of
influence. In essence, rangatira retained                                                                                    hapu to arrange and manage their own
                                                              [183]      … when the common law of
their authority over their hapu and terri-                                                                                   affairs in partnership with the Crown.
                                                              England came to New Zealand its arriv-
tories, while Hobson was given author-                                                                                       35
                                                                                                                               The Crown’s duty to protect Māori
                                                              al did not extinguish Māori customary
ity to control Pākehā”.24                                                                                                    rights in their water bodies includes the
                                                              title. Rather, such title was integrated
This represents a correction of the                                                                                          active protection of their development
                                                              into what then became the common law
historical narrative. It was the first ac-                                                                                   rights in their water bodies. In agree-
                                                              of New Zealand. Upon acquisition of
knowledgement by a legal body of the                                                                                         ment with the Te Ika Whenua Rivers
                                                              sovereignty the Crown did not therefore
position Māori advocated.                                                                                                    Report, the Whanganui River Report,
                                                              acquire wholly unfettered title to all the
                                                                                                                             and He Maunga Rongo, the Tribunal
This becomes significant in the context                       land in New Zealand.
                                                                                                                             stated “that the nature and extent of pro-
of the Lands case discussed earlier and                       This left open the possibility that cus-                       prietary right was the exclusive right to
Court of Appeal President Sir Robin                           tomary title to the foreshore and sea-                         control access to and use of the water
Cooke’s promulgation of the Principles                        bed may continue to exist. The Court                           while it was in their rohe.”36
of the Treaty of Waitangi, which did not                      was very clear that the assumption of
reflect Māori understanding of Te Tiriti.                                                                                    The New Zealand common law has
                                                              sovereignty by the Crown did not au-
                                                                                                                             developed a New Zealand accent. I
In 1999 the Waitangi Tribunal investi-                        tomatically extinguish any underlying
                                                                                                                             recommend a paper by Justice Joseph
gated a claim by Whanganui tribe Te                           customary title to land. Confirming
                                                                                                                             Williams: Lex Aotearoa37. Justice Wil-
Atihau-a-Paparangi. The claim sought                          earlier authority32, the Court of Appeal
                                                                                                                             liams’s premise is that the New Zealand
to redress the findings of the Court of                       considered customary title could not be
                                                                                                                             law is now changing again to the point
Appeal25 into the ownership of the bed                        extinguished without the free consent
                                                                                                                             where tikanga Māori is becoming an
of the Whanganui River. The Tribu-                            of Māori.
                                                                                                                             integral part of the “New Zealand com-
nal considered the claims to be well-                         In 2012, an application for an urgent                          mon law”. He takes the view that there
founded and recommended the Crown                             hearing was made to the Waitangi Tri-                          is still a long distance to travel and we
negotiate remedies with the tribe. The                        bunal about Māori proprietary rights                           have not yet developed a distinctly New
negotiations continued and resulted in:                       to freshwater bodies and geothermal                            Zealand law but we are well on the path
• Te Awa Tupua was declared an in-                            resources. The stage 1 report was re-                          towards doing that. Again, the adop-
   divisible and living whole compris-                        leased in December 201233. It addresses                        tion of a specific reference to Māori
   ing the Whanganui River from the                           the Crown’s policy to partially privatise                      ambitions in the Justices of the Peace
   mountains to the sea,26 incorporating                      three state-owned enterprises energy                           Constitution is a further step down the
   all its physical and metaphysical ele-                     companies without taking into account                          pathway to a uniquely New Zealand
   ments;27                                                   Māori rights to the water resources used                       set of laws. It is also a profound public
• The river is the source of spiritual and                    by the companies.                                              statement of intention on behalf of the
   physical sustenance;28                                     There is a positive continuation of re-                        Justices and should not in my opinion
• The iwi and hapu of the Whanganui                           view of legal thought and Treaty part-                         be viewed in any other way. It is a rec-
   River have an inalienable connection                       nership. The Tribunal considered that:34                       ognition of the concept and principle
   with, and responsibility to, Te Awa                        “… the claimants’ evidence has demon-                          of partnership. It is recognition of the
   Tupua and its health and well-being;29                     strated the customary ‘indicia of own-                         Justices’ role of actively protecting the
                                                              ership’, and that ‘full-blown’ ownership                       ambitions of Māori.
• Te Awa Tupua was declared to be a
   legal person.30                                            of property in the English sense was the
                                                              closest legal equivalent for Māori cus-
This represents a maturation of legal

1 One of the five Muriwhenua iwi together with Te Aūpouri,    16 Re The Bed of the Wanganui River [1962] NZLR 600 (CA       26 Section 12 Te Awa Tupua (Whanganui River Claims
Ngāti Kahu, Ngāi Takoto and Ngāti Kuri                        17 New Zealand Māori Council v Attorney General [1987]        Settlement) Act 2017
2 Meri Mangakahia petition to Māori Parliament, Waipatu,      1 NZLR 641                                                    27 Ibid
Hawke’s Bay. 1893                                             18 Cases that were brought to the Higher Courts include the   28 Ibid section 13
3 Electoral Act 1893                                          forests case (New Zealand Māori Council v Attorney Gen-       29 Ibid
4 R v Symonds (1847) NZPCC 388                                eral) ; the coal case (Tainui Māori Trust Board v Attorney    30 Ibid section 14.
5 R v Symonds (1847) NZPCC 388                                General [1989] 2 NZLR 513) ; the Te Reo Māori case (New       31 Ngāti Apa v Attorney General [2003] NZLR 643
6 Wi Parata v Bishop of Wellington (1877) 3 NZ Jur (NS) 72    Zealand Māori Council v Attorney General [1989] 2 NZLR        32 Te Runanga O Muriwhenua v Attorney General [1990] 2
7 Ibid 77                                                     143 ); the radio spectrum case                                NZLR 641 and Te Runanganui o Te Ika Whenua Inc Society
8 Ibid 78                                                     New Zealand Māori Council v Attorney General CA247/90         v Attorney General [1994] 2 NZLR 20 in turn relying on R v
9 Nireaha Tamaki v Baker [1902] 22 NZLR 97                    [1 November 1990] (CA) and the broadcasting assets case       Symonds(1847) NZPCC 387 and Nireaha Tamaki v Baker
10 Te Heuheu Tukino v Aotea District Māori Land Board         New Zealand Māori Council v Attorney General CA 206/91        (1901) NZPCC 371
[1941] NZLR 590                                               [30 April 1992] (CA).                                         33 Waitangi Tribunal The Stage 1 Report on the National
11 Ibid 598                                                   19 Huakina Development Trust v Waikato Value Māori            Freshwater and Geothermal Resources Claim (Wai 2358,
12 Re The Ninety Mile Beach [1963] NZLR 461                   Authority [1987] 2NZLR 188                                    2012)
13 Re The Bed of the Wanganui River [1962] NZLR 600           20 Waitangi Tribunal The Report on Stage 1 of the Te          34 The Stage 1 Report on the National Freshwater and
(CA)                                                          Paparahi o Te Raki (Wai 1040, 2014)                           Geothermal Resources Claim Ibid [75]-[81].
14 In Re Bed of Lake Omapere an application by Te Ripi        21 Rangatira = Chief                                          35 This is in agreement with Whanganui River Tribunal’s
Wihongi and ors for Investigation of Title BOIMB Vol 2 page   22The Report on Stage 1 of the Te Paparahi o Te Raki , Ibid   findings.
252, August 1 1929 per Judge Acheson                          30 at page 501.                                               36 The Stage 1 Report on the National Freshwater and
15 Ibid 259                                                   23 Ibid                                                       Geothermal Resources Claim Ibid [75]-[81].
16 This is unlike Re The Bed of the Wanganui River [1962]     24 Ibid pages 526-527.                                        37 Lex Aotearoa; the heroic attempt to map the Māori
NZLR 600 (CA) and Re The Ninety Mile Beach [1963] NZLR        25 Waitangi Tribunal The Whanganui River Report (Wai          dimension in modern New Zealand Law; Harkness Henry
461                                                           167, 1999)                                                    Lecture Volume 21 Waikato Law Review
Page 15                                                        NEWS

                                   ‘Just ask Iris’
By PAT VELTKAMP-SMITH                                                                         that position became vacant. The two

E
        very Justice of the Peace in South-                                                   worked closely together and to receive
        land was delighted when Iris                                                          their special honour at the AGM was
        Robinson was honoured with life                                                       fitting.
membership at the Annual General Meet-                                                        It is more than a decade since last a
ing of the Southland association last year.                                                   Southland JP was so honoured: for-
Iris has taught or trained most people in                                                     mer registrar the late Colin Winter was
the association and those who did not fall                                                    made a life member in 2005.
under her wing regard themselves as the                                                       Iris is the first woman Justice to be
poorer for it.                                                                                elevated to life membership of the
She has taught secretarial courses at                                                         Southland association, but this is not
Southland Technical College and simi-                                                         the first time such an honour has come
lar subjects at the Southland Institute of                                                    her way.
Technology, as well as educating fledg-                                                       As a former president of the
ling Justices and teaching new ways to                                                        4000-strong Invercargill Working-
                                             Iris Robinson receives her certificate of men’s Club she received life mem-
those already experienced.
                                             life membership of the Southland asso-
She was the training officer of the South- ciation from Federation President Den- bership of the club in 2003, sharing
land association, bringing to the job                                                        the honour with her late husband,
                                               ise Hutchins. Picture: GREG WEAKE             Phil Robinson. Before his passing Iris
skills acquired during years of secondary
and tertiary teaching.                                                                       worked as a marriage celebrant, and
                                                                    they travelled near and far together throughout Southland.
Before becoming a Justice of the Peace she worked as a court
stenographer in Invercargill and so was familiar with judges        Iris was appointed in 1996 and almost immediately became
and the justice system when she quickly became a Judicial           a Judicial Justice. She served in that capacity for a number
Justice.                                                            of years.
People who worked with Iris unanimously say she made                She is still the first port of call for even the most experienced
them feel secure. A woman of sound judgement, she was al-           Justices coming up against some quirk in the system. We say
ways a pleasure to work with, said fellow life member Fraser        “Just ask Iris, she’ll know.” And she always does.
Clark, who undertook the role of court panel rosterer when          Well done, dear friend.

                                                       CROSSWORD
                                                                            ACROSS:                           president
1     1               2                3                       4             1 What you might               3 He wrote The
                                                                               say we experienced             Grapes of Wrath
                                                                               throughout Decem-            4 Sprite
                                                                               ber (6,6)                    5 Oppressive
5                                                  6                7
                                                                             5 Bold disobedience            6 11th Governor-
                                                                             6 Propaganda                     General of NZ
                                                                             8 Invariably                   7 Holds a foe (anag)
                                                                            11 Wonted                       9 Enliven
8                9          10         11
                                                                            12 Damage a person’s           10 Breakaway
                                                                               reputation                  15 Friend
                                                                            13 Standards                   17 Extinguished
           12                                                               14 NZ’s relative of the        19 Slip
                                                                               American
                                             18                                black widow
                                                                                                     S T A Y I N G P O W E R

                                                                            16 Pry
                                                                                                     R       G       O          U

13                                     14 15                                18 Formally
                                                                                                 N O S E   I N D I C T E D
                                                                                                 A     T   S     M       O
                                                                               charged           I D E A L S   K A T I P O
                                                                            20 Stamina (7,5)     H         M   E   C   T            N

16 17                       18                                 19
                                                                                                 E       D I S C R E D I T          O
                                                                             DOWN:               S         N   E   B   R            C

                                                                             1 Wrath             N O R M A L         A L W A Y S

                                                                             2 Sergio Mat-       I   O     A      L       R

                                                                               tarella is this
                                                                                                 E   P U F F      A N C   D E F I

20                                                                             country’s
                                                                                                 T       L
                                                                                                 S U M M E R
                                                                                                                  T
                                                                                                                  I A N
                                                                                                                            R
                                                                                                                            I N D
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