QUARTERLY - Nelson JP makes dream come true - Auckland Justices Of The Peace Association
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Justices’
Page 1
QUARTERLY
July 2016
Volume 85
Number 2
Nelson
JP makes
dream
come
true FIAT JUSTITIA
RUAT CAELUM
Page 2 PRESIDENT’S PAGE 1
Keeping up with change
I
n the 1980s, when I was an ac- tors was a pleasure to see. Innovation
tive “nurse politician”, I was and ways to keep Justices engaged in
invited to present a paper to a ongoing learning was high on every-
Pacific Nursing Conference in one’s priority list. Moves are afoot
Auckland. I was asked to focus on to enhance the education resources
the future, and wondering what angle available to associations and we will
I might take I read widely on “future hopefully be able to tell you more
thinking”, and decided to focus on about this in the future.
how health might be delivered in the The regional conference season is
future and what impact that might nearly upon us. Five conferences will
have on nursing. be held around the country during
Reflecting on this recently I realised August and early September. I look
that much of what I spoke about forward to meeting as many of you
then is coming true. That people can as possible at those events. It is often
now monitor their own vital signs by thought that regional conferences are
wearing something on their wrist is only for officers of an association.
just one example. This is generally not the case and if
Currently there is a lot of discussion you are interested in attending con-
in the media about the future of work. tact your association registrar.
Technological advances, software Each regional conference has its
and operating platforms are predicted own programme but they will have
to bring upheaval to most traditional common items this year. Among
industries in the next five to 15 years. those will be a session facilitated by
How is this relevant to Justices of Federation Vice-President Rachael
the Peace? Well, our environment is O’Grady on the review of the Incor-
changing around us and we are not porated Societies Act. As all but one
immune to the impact of the changes. of our 29 associations are incorpo-
In order to remain relevant to the so- rated societies in their own right, the
ciety we service, we must evolve, de- review of this legislation is important
velop and respond to the environment to us all. It will be useful to discuss
in which we find ourselves operating. and test ideas to future-proof both
association and Federation constitu-
What does that mean for an individ-
tions.
ual Justice? Many things, no doubt,
but one of them might be to embrace The Board is making progress with
the opportunity to become accred- its 2016-2017 Strategic Plan Objec-
ited. As you will see elsewhere in this tives and looks forward to reporting
issue, Conference 2015 directed the progress to associations at the region-
Board to put in place an accreditation al conferences.
system. That system went live on Fri- Finally, I would like to congratu-
Federation President Denise Hutchins
day July 1 this year. late those Justices of the Peace who
The process is voluntary and there is were named in the recent Queen’s
no expectation that all Justices will Birthday Honours. They have been
It was a pleasure to meet with associa-
become accredited immediately, but I honoured for a wide variety of achieve-
tion educator/trainers at their national
encourage you to visit the Federation ments, thus highlighting that Justices are
seminar on June 18. The wealth of
website, go to the Accreditation page drawn from all walks of life and actively
knowledge and experience in the room
in the Members area and read about contribute to their communities in a mul-
was extraordinary. A huge vote of thanks
the process and what you have to do to titude of different ways. Congratulations
should go to these individuals and teams
achieve it. If you don’t have a computer to you all.
who shoulder the responsibility of pre-
or are not feeling confident about it, talk paring new Justices, and keeping those
to your association educator or someone of us who have been around for some Denise Hutchins
on your council. Associations are keen to time engaged in the learning process.
make this available to everyone and will The willingness of experienced people
find a way to help you succeed. to share with newly appointed educa-
Page 1 NEWS
Easier to find
R
egistrar-General of customers to find and un-
Births, Deaths and derstand.
Marriages Jeff Mont- “The Department of In-
gomery (right) has an- ternal Affairs helps peo-
nounced that Birth, Deaths ple when they are making
and Marriages (BDM) in- plans for a very significant
EDITOR: GEOFF DAVIES JP formation has a new home.
Email: merlin81@xtra.co.nz event in their life. Whether
Phone: 04-472-5566 Mr Montgomery is re- they’re getting married, rec-
sponsible for registering ognising the birth of their
all births (including still- child, or dealing with the
births), deaths, marriages, death of family or friends,
Telephone 04-918-8447 Fax 04-918-8034 civil unions and name Births Deaths and Marriag-
Email: registrar@jpfed.org.nz changes in New Zealand. His team is- es has an important role to play.
Website: www.jpfed.org.nz sue over 350,000 certificates, printouts “The information has now been re-
ISSN 2382-12164 (print) and marriage licences each year. written in plain English and presented
ISSN 2382-1272 (on-line) “We’ve now made it easier for New in a way that makes sense to our cus-
Zealanders to find BDM information. tomers – focusing on a particular prod-
The information has moved to Govt. uct or service.”
nz, bringing together government Mr Montgomery said that feedback
July 2016 information in one place and using on using the information is welcome:
VOL 85 No: TWO language and design that is easy for email govt.nz@dia.govt.nz
More money for justice 2
Military JP at Gallipoli 3 Caption correction
From the Registrar 5
The cover caption which I wrote for the April issue said that current Federation
Education 7-10
President Denise Hutchins is the fourth woman to hold the role, and listed three
Accreditation launched 11 predecessors. Since I was editor at the time, there is no excuse for the oversight
Cover story: ‘Just Do It’ 12 of not including Julie McKendry of Blenheim, who was our second woman
Celebrating our members 14-16 President in 2000, making Denise the fifth. Sorry, Julie! And see “A community
champion” on P14 for more about her. – Geoff Davies, Editor
Crossword 16
Hubbard inside back cover
Moving
Appointments outside back cover
• Salvo is on leave this issue
Patron: His Excellency Lt Gen The Rt Hon
Sir Jerry Mateparae GNZM QSO with
the
Governor-General of New Zealand
President: Denise Hutchins JP
Immediate Past President: Graeme Kitto JP
times
Vice-President: Rachael O’Grady JP
Northern Regional Representative:
Peter Osborne JP
Auckland Regional Representative:
Patrick Samson JP Readers have the option of
Central Regional Representative: receiving the Quarterly as
Terry Byrne JP a PDF rather than a hard
Southern Regional Representative: copy. To take up this of-
Gavin Evans JP fer please advise the office
Honorary Solicitors: Buddle Findlay by email: administrator@
ON THE COVER: No copping out, she said –
Registrar: Alan Hart JP jpfed.org.nz.
Nelson Justice Louise Corbett wouldn’t take
Administration Officer: Sarah Gillard Telephone requests will no for an answer from her inner self when
Editor, NZ Justices’ Quarterly: not be processed. she decided to do the Taupo Ironman this
Geoff Davies JP year. Story PP12-13
Page 2 NEWS
Budget boost New
for justice face
in the
T
he Government has made a sub-
stantial investment in core justice
services in Budget 2016. office
T
Additional funding of $208.4 million
over the next four years is the larg- he Federation’s new Administration Officer, Sarah
est increase to Justice and Courts in Gillard, has started work at the National Office in
almost a decade, Justice and Courts Wellington, alongside Registrar Alan Hart.
Minister Amy Adams said. Sarah grew up in Levin, and after college, went on a year-
“This investment underpins the Gov- Justice and Courts long student exchange as an American Field Scholar to
ernment’s commitment to deliver- Minister Amy Adams Costa Rica, then studied linguistics, Spanish and Japanese
ing core justice services and keeping in Palmerston North before heading off to London for OE.
New Zealanders safe. It will better support access to justice and On her return to New Zealand she worked at the Argentine
strengthen efficiencies across the system,” she said. Embassy in Wellington, processing visas, then went back
“Justice sector agencies remain focused on crime prevention, re- to university, graduating with a Bachelor of Commerce
habilitation and reducing re-offending. Budget 2016 continues and Administration in International Business.
to invest in services to enhance our criminal justice system.” She married an Argentine diplomat and lived in Buenos
The extra funding includes: Aires for three years, during which time she worked at
the New Zealand embassy as a commercial research as-
• $13.3 million for the Public Defence Service to ensure New sistant, a job that included writing reports on areas such
Zealanders facing criminal charges receive high-quality legal as the dairy and fishing industries that New Zealand and
representation Argentina have in common, as well as providing updates
• $16.2 million so restorative justice providers can meet grow- for the ambassador on the ever-changing economic and
ing demand for their services political situation.
• $14.4 million for the Ministry of Justice to deliver more ef- Her son Maximo was born in 2007 and six months later
fective services the family transferred to Kuala Lumpur, where they lived
for nearly four years.
• $55.9 million over 2016/17 and 2017/18 for the operation of
the Christchurch Justice and Emergency Services Precinct Sarah returned to New Zealand with her son five years
ago. She has been active on the PTA and fundraising
• $76 million over the next four years plus $20 million in
committee of her son’s school and also worked as a vol-
2015/16 to enhance access to legal aid and community law
unteer at Ronald McDonald House before returning to
centres.
paid work.
A further $24.6 million has been allocated over two years to
Most recently she was Staff Administration Assistant at
deliver the 2017 general election.
Wellington East Girls’ College, where she provided ad-
In total the justice sector receives $837 million over ministrative support for around 90 teaching
the next four years, plus $56 million in 2015/16. staff.
BOOK ORDER: Reading the Riot Act
Registrar Please forward the books to:
Royal Federation of NZ Justices Assns Inc
P O Box 5005 Lambton Quay, Wellington 6145
registrar@jpfed.org.nz
Payment has been made to
Please supply book/s as follows: RFNZJA bank account
Number $0.00 Total on [date: ] / is attached
(Strike out one)
Books 29.95
Direct Credit payments may be
made to our BNZ North End
Total payment $ Account 020536 0157911 00
Prices include GST and P&P (please advise when effecting)
Page 3 FEATURE
Chaplain Colin Mason JP pays tribute to New Zealand military chaplain William Grant at the memorial at Hill 60
cemetery at Gallipoli, where Chaplain-Major Grant’s name is inscribed. He is holding an NZDF commemorative Bible
open at an entry honouring Chaplain-Major Grant.
Gallipoli visit
‘deeply humbling’
P
rincipal Navy Chaplain Col- “It was overwhelming. Seeing the condi- the Kiwis who fell at Gallipoli but have
in Mason JP was the chap- tions in which they fought and died, and no known grave.
lain for the New Zealand the contrast with our world 101 years lat- “I also thought of Chaplain-Major Wil-
Defence Force contingent to Gal- er, was a unique and totally unforgettable liam McKenzie, an Australian Salvation
lipoli for Anzac Day commemorations experience. Army officer who, on the outbreak of war,
this year. “We stood at sacred sites such as Chu- immediately signed up and soon found
At Gallipoli he officiated at both the An- nuk Bair, Lone Pine, Walker’s Ridge, himself at Gallipoli. His loyalty and tire-
zac Commemorative Service (the Dawn Quinn’s Post, Anzac Cove, the Daisy less ministry gained him the respect of
Service) at North Beach, close to Anzac Patch . . . places that most of us had only all. His devotion to the soldiers saw him
Cove, and the New Zealand Service at read about. Our emotions were charged, constantly in harm’s way, dodging bullets
Chunuk Bair later in the morning. and tears flowed amidst the waiata and and shrapnel.
Colin lives in Hamilton and commutes prayers. To follow in the footsteps of the “Asked by a soldier who was about to
weekly to the Devonport Naval Base in soldiers who advanced up the razor-sharp leave the relative safety of the trench and
Auckland. He has been a Salvation Army ridges, to stand where so many of those move forward under fire ‘What are you
officer for nearly 40 years, and a Defence young warriors lie buried, was a hum- doing here?’ Chaplain McKenzie, known
Force chaplain for the past 18 years. bling experience. as Fighting Mac, responded ‘Boys, I’ve
He said that while the role was a great “It was especially significant for me that preached to you, I’ve prayed with you,
honour, it was also a deeply humbling several chaplains served with distinc- and do you think that I am afraid to die
one. tion during the Gallipoli campaign. At with you?’
the New Zealand Memorial on Hill 60, “Fighting Mac survived Gallipoli and
“Before Anzac Day, the contingent spent I located the name of Chaplain-Major
two days walking around the battlefields went on to serve on the Western Front.
William Grant, the first New Zealand His courage and commitment were not
and cemeteries, standing in the now erod- chaplain to lose his life in World War 1.
ed trenches, looking at the many memo- only admired by the soldiers but also by
Chaplain Grant, a Presbyterian minister the public back home.
rials, and thinking about the nearly 3000 from Gisborne, was killed while serving
Kiwis alone who lie there. his men on August 28 1915. He is one of • Continued next page
Page 4 FEATURE
• From previous page
Paths of
service
A
part from his military affiliation
Colin Mason is following the
paths of community service and
chaplaincy taken by several fellow JPs
who are officers or members of the Sal-
vation Army, including four others in
Hamilton: Doug Laskey (a JP for 30
years), Allan Tong (20 years), Graham
Medland (17 years) and Don Oliver (12
years).
Don is chaplain to both the RSA and
the Combined Returned Services Club Doug Laskey
in Hamilton and Graham has held that
role for the RSA in Kaitaia and Gis-
borne. Like Colin, Graham, Don and
Doug have visited Gallipoli at different
times. Don leads the Dawn and Civic
Colin Mason conducting the New Services on Anzac Day and the Armi-
Zealand Service at Chunuk Bair on stice Day Service in Hamilton.
April 25. All of them agree that it is an honour to
help meet the needs, both humanitarian
“I count it an honour to follow in the and spiritual, of people in their ordinary
footsteps of chaplains such as Grant and lives. “Assisting folk as a JP, you real-
McKenzie whose devotion to God and ise how you often alleviate anxiety and
mankind exemplify at its best military stress for those who come to you for
chaplaincy. help,” Allan said.
“As a JP, the community I serve is pri- Doug is chaplain to the Waikato JP as-
marily within Defence, presently at the sociation and has also been our presi-
Devonport Naval Base. Our service per- dent. Allan is a former council member
sonnel often are required to deploy at and Graham is a current member.
short notice - providing JP services on Doug, Allan and Don are also Rotar-
base or in camp is of immense help, en- ians. Doug has been president of a Ro-
suring accessibility and thus easing the tary Club, and Don is about to take up
stress associated with planning and pre- that role. – Graeme Kitto Allan Tong
paring in limited time. I see it as another
string to my bow in supporting our De-
fence personnel.
“I noted when inquiring about becoming
a JP that there was some hesitancy in ac-
cepting clergy into the role. I assume it
related to JPs possibly harbouring a bias.
Perhaps it was feared that a clergy’s reli-
gious or faith orientation might interfere
with the role.
“The reality is that we all have a bias
toward something. For me, my own per-
sonal belief structure plays no part in my
endeavours to assist someone seeking JP
support unless, of course, the seeker has
unscrupulous intent.
“I therefore encourage military chaplains
to investigate the possibility of appoint-
ment as a Justice, as I know the value and
support we provide in this
environment.” Graham Medland Don Oliver
Page 5 NEWS
Registrar ALAN HART reports from the Federation National Office
FROM THE REGISTRAR
Conference 2016: Outcomes
Congratulations again to the members of the Otago association in general and their organising committee in particular for a very
successful Conference.
The AGM Minutes were provisionally approved by the Board at its meeting on April 30, and are on line at http://justiceofth-
epeace.org.nz/MemberServices/Conference+documents.html This includes copies of the notes from the registrars and presidents
meetings together with those from the speakers where available.
All administrative matters have been instigated. The following summary relates to remits and notices of motion, which have now
been registered with the Registrar of Incorporated Societies.
Remit What it means
Re JP Retired Change in legislation to allow the Secre-
tary for Justice discretion where medical
reasons necessitate retirement under less
than 10 years
Re Frequency of Conference – i e that Conference be held biennially after 2018 Major implications are as outlined
elsewhere
Communication Grant
That for the financial year commencing November 1 2015 the Communica- Have run as set out and paid. Also
tion Grant payable to affiliated associations is budgeted at $3 (exclusive of GST included journal for balance to JQ
where appropriate) per head, based on membership as at August 31 2015
NZ Justices’ Quarterly
That the price of the NZ Justices’ Quarterly remain at $0 per copy
Capitation Fee
That for the financial year commencing on November 1 2016 the Capitation Fee Amount invoiced to associations on
payable by affiliated associations pursuant to rule 3(a) of the Constitution and November 1 2016 will be $15 plus GST
Rules be set at $15 (exclusive of GST) per head, based on membership as at i e $17.25 per member
August 31 2016 and payable in one instalment by February 1 2017
Budget
The Budget for the year ending October 31 2016 and the Indicative Budget for
the year ending October 31 2017 were approved
Outcome of consultation on 2016 AGM Remit 3a
The President and Board thank those associations who responded to the consultation paper forwarded in early March.
By Friday April 8, 24 associations had responded. The results were:
1. Let the remit lie: seven associations
2. Ask North Otago to resubmit: 0
3. Prepare a paper and presentation for Regional Conferences: 16 associations
4. Special General Meeting: one association
No association suggested another method of resolving the matter.
The Board considered the feedback at its April 28 and June 29 meetings. Given the significant support for option three
in the consultation paper, it has prepared a presentation for discussion at Regional Conferences in August/September
2016.
Page 6 NEWS
2016 Regional Conferences Service desk funding and support
The annual Regional Conferences are scheduled as follows. Many thanks to all those associations who have provided
feedback to be considered by the Board at its next meeting
• August 6: Central - Palmerston North
(June 29). The vast majority supported the suggested alloca-
• August 13: Central - Blenheim tion, although several associations advanced suggestions as to
• August 27-28: Northern – Franklin future funding and the possibility for increases in the Crown
Funding Bid 2018-21.
• August 28: Auckland
• September 3-4: Southern - Timaru XRB Financial Standards
Contact your association if you are interested in attending as By now all the associations who are registered under the pro-
these are not restricted to council members. visions of the Charities Act 2005 will have changed their ac-
counting processes to ensure that the current year’s reports
Judicial Studies Course comply. The first association involved will be Auckland with
others falling mainly in the July – August period. See also
Full details of the new course which now commences annu-
https://charities.govt.nz/new-reporting-standards/faqs/.
ally on April 1 have been provided to associations (and are on
the website). If you are interested in this aspect of our work As indicated earlier all associations fall under the Tier 4 pro-
please contact your association. visions and now need to use a cash accounting basis with no
use of accrual techniques, including those which might re-
Best Practice Manual 2007 late to such as subscriptions received or due or interest not
yet received or payments not made at balance date: https://
Many thanks to all the associations who provided input and charities.govt.nz/new-reporting-standards/tier-4/ Also see
especially for those attendees at Conference who did likewise the new report Statement of Service Provision - associations
at the workshop. involved should already have agreed on deliverables for this
After some final editing the draft has been passed to the Min- reporting year.
istry of Justice for formatting then submission to the Associate It was clear in presentations on the review of the Incorporated
Minister for Justice for his consideration. Societies Act that these financial provisions will transition
We will keep associations apprised of progress with this long over to all organisations registered under that Act. See also
overdue exercise. http://www.mbie.govt.nz/info-services/business/business-
law/incorporated-societies and such as http://www.not-for-
Submission on the Incorporated Societies Bill profit.org.nz/incorporated_societies_act/
The Board determined that rather than a full submission on Complaints and convictions
the Incorporated Societies Bill Exposure Draft the Federation
would send a formal letter to the Ministry of Business, In- We have had several instances over the past few months of se-
novation and Employment by June 30, with a full submission rious complaints about Justices of the Peace which have been
being presented when the Bill proceeds to the Select Commit- dealt with in accordance with our policies.
tee stage (likely to be during 2017). However there have also been four instances where a Justice of
The formal letter included support for the principles of the the Peace has faced criminal charges leading in three of those
Bill, but also raised a question as to whether Justices of the cases to a resignation being accepted. The fourth case remains
Peace would deal with any fines as defined under clause 21(2). before the courts. We remind all members of the Guidelines
for When a Justice Of The Peace Faces Court Action.
As all but one of the associations are incorporated socie-
ties it strongly recommended that associations look at the The policies and guidelines are on the website.
Bill and consider the implications. There is a good sum-
mary of how legislation is made at http://www.parlia- Merchandise
ment.nz/en-nz/about-parliament/how-parliament-works/ Have you checked out the items listed on http://justiceofth-
laws/00CLOOCHowPWorksLawsHow1/how-a-bill-be- epeace.org.nz/MemberServices/Merchandise.html? They
comes-law - the current exposure draft precedes such steps. include details of both the Commemorative Stamps and Philip
The Board welcomes your feedback in preparation for a full Harkness’s book “Reading the Riot Act”.
submission after the Bill is tabled in Parliament. Please send
all feedback to Vice-President Rachael O’Grady through your Queen’s Birthday Honours
association registrar. It was great to see 17 Justices of the Peace acknowledged
for their outstanding work for their communities. Associa-
Submission on the Search and Surveillance Act tions were asked to convey congratulations to their respec-
tive members (and families) but all JPs can take pride in these
Under s357 of the Search and Surveillance Act 2012 the Min- awards to their colleagues.
istry of Justice and the Law Commission are expected to re-
port to the Minister of Justice on how the provisions of the
Act are working and whether any amendments to the Act are Welcome
necessary or desirable. As advised earlier, we have welcomed Sarah Gillard as Ad-
As part of this process, the Federation intends to seek feed- ministration Officer. She is introduced elsewhere
back from issuing officers. in this issue.
Page 7
EDUCATION Page 7
By HELEN LEATHERBY: trainer@jp.org.nz 04-918-8445 JULY 2016
In these education pages:
Joint declaration via Skype P7 Test yourself: Enduring Power of Attorney P8
Witnessing a signature P7 Origin of idioms P9
News P8 Word search P10
Questions from the front line
Joint statutory declarations
Recently a Justice was asked to take a joint statutory dec- technological possibilities at the time of drafting and
laration over Skype, and as use of this communication tool the issue has not been sufficiently tested by litigation.
and similar channels grows, others are likely to face the In Bonner v Evans CIV-2009-404-4527, November
same situation. 17 2009, the High Court set out the relevant tests that
would satisfy the presence requirement in the Wills Act
Q. A husband and wife of foreign origin came to New Zea- 2007, which was that all parties must be able to see the
land but the wife left to go home to have a baby. Before others sign the document.
she left she applied for a New Zealand work visa so that
she could work when she returned to New Zealand. There is also the issue of coercion.The Justice must be
sure that the client is making the declaration freely and
Immigration agreed to issue a work visa provided the willingly and that there is no physical threat present. As
husband and wife completed a joint statutory declara- via a video link the JP cannot see the entire room this
tion stating that the wife was going to return to New cannot be guaranteed.
Zealand and on her return would stay for at least 12
months. Immigration suggested that the joint statutory If you are interested in knowing more about the issues
document was sent to the wife. The Justice and the hus- and case law for this dilemma there is an interesting
band would then have a Skype conference with the wife report compiled by the Auckland District Law Society
during which the Justice would take the statutory dec- at http://www.adls.org.nz/for-the-profession/news-
laration. The joint statutory declaration would then be and-opinion/2016/2/12/video-conferencing-technol-
returned to the Justice for him to sign. ogy-and-the-witnessing-of-documents/
Would this be acceptable? A possible solution to this problem is for the husband
and wife to swear the joint declaration separately. A
A. There are two problems with this situation: joint declaration does not have to be made by the de-
• Despite the Skype arrangement the wife is making clarants together before the same JP. If only the husband
the statutory declaration outside New Zealand. is present before the JP the process is the same as in an
individual declaration. There will be two separate attes-
• The wife is not personally present with the Justice tation clauses and the JP will complete only the one re-
when the statutory declaration is taken. ferring to the person present, i e the husband. The docu-
ment would then have to be sent to the wife who should
There is some legal debate about the use of video con- go to “a Commonwealth representative” such as a New
ferencing and Skype to witness the execution of docu- Zealand consulate or embassy. She would make her
ments since the existing legislation (such as the Oaths declaration and her attestation clause would be signed
and Declarations Act 1957) did not envisage such by the embassy.
Witnessing a signature
Q. I have a client who is asking me signature, which is what is on her
to witness her signing documents ID? Should she supply a copy of her
which are addressed to her in her marriage certificate to authenticate
maiden name. Her photo ID (both that she is married?
passport and driving licence) are
still in her maiden name. How- A. You are only witnessing the signa-
ever, she is now married and has ture hence you merely need to be
changed her name. Should I accept reasonably sure she is who she says
her signing with her maiden name she is.
Page 8
Page 8 EDUCATION
JULY 2016
Test yourself
Enduring power
of attorney
An enduring power of
attorney is a document
that creates a future
right for someone to
act on someone else’s
behalf in relation to
that person’s property
and financial affairs
and/or his or her per-
sonal care and welfare
if he or she becomes
incapable. It is regu-
lated by the Protec-
tion of Personal and
Property Rights Act
1988. How much do
you know about wit-
nessing signatures on
powers of attorney?
Questions Answers
you are not doing this in your capacity as a JP.
1 Who is the donor? 5 True. Anyone can witness an attorney’s signature so
2 Only a JP or a lawyer can witness the donor’s signature. and does not give any legal advice.
True or false? 4 False. A JP witnesses the signature in the normal way
3 Who cannot witness the attorney’s signature? 3 The person who witnessed the donor’s signature.
4 A JP should advise the attorney of their legal obliga-
tions. True or false? 2 False. A JP cannot witness a donor’s signature.
5 If a JP witnesses an attorney’s signature they should not 1 The person appointing someone else as their attorney.
put JP after their name. True or false?
News
Fiji National Provident Fund documents
Some of you may have come across She further advised us that a Justice • Certifying copies of documents.
documents from the Fiji National of the Peace is required to witness
Provident Fund (FNPF). I have re- FNPF forms in the cases of: The witnessing of any withdrawal
ceived confirmation from an FNPF forms can be done by any person
official that a thumbprint is always • Change of records form – when who is known to the member.
required from the member as well as a member of the FNPF needs to
his/her signature. change his/her records
Mileage rate For the banks
Inland Revenue (and hence the Ministry of Justice) When certifying documents, don’t forget to ask clients if
has again changed the rate at which petrol costs are the documents are for a bank or financial institution. If
reimbursed. The new rate is 72 cents per kilome- they are, you must include your full name and address as
tre (down from 74 cents). Judicial JPs can find the well as your JP number. We have had a number of calls
updated claim forms on the Federation website under from bank staff who could not read the signature of the JP
Judicial Justices. on the certified copy.Page 9
EDUCATION Page 9
JULY 2016
Idioms
Idioms: we all use them but do we know where they originated? In this issue we look at sayings with naval beginnings.
Above board
The term today means someone who is honest or some-
thing that is correct or legal. Its origin comes from the days
when pirates would masquerade as honest merchantmen,
hiding most of their crew behind the bulwark (side of the
ship on the upper deck). They hid below the boards.
Between the devil and the deep blue sea
In wooden ships, the devil was the longest seam of the
ship. It ran from the bow to the stern. When at sea and the
devil had to be sealed, the sailor was suspended between
the devil and the sea, a very precarious position, especially
Listless
when the ship was under way. Today this means to be without energy. It comes from the
days of sail when a ship was becalmed and rode on an even
keel without the port or starboard list (leaning to one side)
Chewing the fat experienced under a good breeze. No wind meant no list,
so listless meant lifeless.
“God made the vittles but the devil made the cook” was a
popular saying used by seafaring men in the 19th century
when salted beef was staple diet aboard ship. This tough
cured beef, which would keep well on a long journey, re-
Took the wind out of his sails
quired prolonged chewing to make it edible. Men often Often we use “took the wind out of his sails” to describe
chewed one chunk for hours, as if they were chewing gum getting the best of an opponent in an argument. Originally
and referred to this practice as “chewing the fat”. it described a battle manoeuvre of sailing ships. One ship
would pass close to its adversary and on its windward side.
The ship and sails would block the wind from the second
Feeling blue vessel, causing it to lose headway. Losing motion meant
losing manoeuvrability and the ability to carry on a fight.
If you are sad and
describe yourself
as “feeling blue”
you are using a
Long shot
phrase coined from Today this is a gambling term used for an event that would
a custom among take an inordinate amount of luck to pay off. Its origins are
many old sailing nautical. Because ships’ guns in early days were very inac-
ships. If the ship curate except at close quarters, it was an extremely lucky
lost the captain or shot that would find its target from any great distance.
any of the officers during its voyage, she would fly blue
flags and have a blue band painted along her entire hull
when returning to home port.
He knows the ropes
This phrase used to be written on a seaman’s discharge to
indicate that he was still a novice: all he knew about being
a sailor was just the names and uses of the principal ropes.
Today, this same phrase means the opposite - that the per-
son fully knows and understands the operation (usually of
the organisation).Page 10 10
Page EDUCATION
Word search
JULY 2016
See if you can find
the words listed S I G N A T U R E L N G A D
below. They can T J U O A W E X H I B I T E
run horizontally,
vertically, diago- A U U H F I S S E N T I W C
nally, forwards
and backwards. T S I R F T W A R R A N T L
S T T I I D E N T I F Y C A
1 Act
Y I N J R S X I C O F P G R
2 Affidavit T C E U M L D D F E I O D E
3 Affirm I E N C O B S I L F D S O L
4 Authority R Y O S L C N M C U A F C D
5 Client O A P M W I C J U T V O U D
H S E O T E E X O H I T M C
6 Copy
T E D I C T A N A O T O E U
7 Declare
U B A P Y S W R T Z P F N M
8 Deponent
A L C L A C T T H P M A T S
9 Document
10 Exhibit
S T A M P H T T C A L C L A
M N F P Z T R W S Y P A B U
11 Identify
U E O T O A N A T C I D E T
12 Initial C M T I H O X E E T O E S H
13 Jurisdiction D U O V T U J C I W M P A O
14 Justice
D C F A U C M N C L S O Y R
L O S D F L I S B O C N E I
15 Oath E D O I E F D D L M U E C T
16 Signature R G P F O C I X S R J N I Y
17 Stamp A C Y F I T N E D I I T T S
18 Swear
L T N A R R A W T F R I S T
C W I T N E S S I F H U U A
19 Warrant E T I B I H X E W A O U J T
20 Witness D A G N L E R U T A N G I SPage 11 ACCREDITATION
Accreditation launched
T
he Federation voluntary Accreditation process went live on • Who records my education attendances?
July 1. After a number of iterations a streamlined, web-based You will be required to record your own attendance at a learning
process was decided upon at Conference 2015. activity, but most association registrars will maintain a record as
The following Frequently Asked Questions (FAQs) will provide well.
you with information about the process. The FAQs can also be • How do I access the on-line Accreditation test?
found on the Federation website, under Member Services.
You access the assessment by logging on to the Federation web-
The process is open-book and not time-limited. So relax, refer to site, then going to Member Services and dropping down to the
your Ministerial Manual and/or seek assistance from your associa- Accreditation Module.
tion educator.
• What happens if I pass the test and have entered the re-
• What is Accreditation? quired education activity information?
Accreditation is a process for Justices of the Peace to strive for This box will be entered beside your name on the Federation web-
excellence in the delivery of quality JP ministerial services to the site under the tab Find a JP Accredited
New Zealand community.
• What if I have passed the test but not been to any recent
• Why has Accreditation been introduced? education sessions or vice versa?
Accreditation has been introduced in response to requests from The information will remain on the website until the relevant in-
associations and at the direction of Federation Conference 2015. formation is entered and the Accredited box will then be acti-
• What difference will it mean to me as a Justice of the Peace? vated.
Accreditation will enable you to upskill your knowledge of min- • What happens if I fail the on-line test?
isterial matters and ensure that you are then able to provide excel- After the first attempt, if you do not get the required pass mark,
lence in the delivery of ministerial services to the community. you will be able to re-do the questions you missed out on, but only
• Do I have to be accredited? after 24 hours. It will be on a different form. The combined result
There is no compulsion for you to complete the Accreditation pro- of the two attempts must be 90 per cent or better. If you fail again
cess, but you are strongly encouraged to do so. you cannot re-do the test for seven days and when you try again it
will be from the beginning (as if you had never tried before). We
• If I choose not to be accredited, do I have to stop being a JP? recommend in this eventuality that you make contact with your
If you choose not to complete Accreditation, you may still act as association educator or registrar.
a Justice of the Peace. • How often do I have to undertake the process to remain ac-
• Why would the public be interested in a Justice being ac- credited?
credited? You are required to attend a learning activity (or present it) of at
Accreditation is simply a means by which the public will have least an hour’s duration each year. The on-line assessment is only
confidence that the Justice of the Peace they are dealing with will required to be completed every second year. Each part (the enter-
have the skill, knowledge and competency to do the task. ing of attendance and completing the test) is valid for a period
• How do I become accredited? of two years. You will see your Accreditation expiry date in
To gain Accreditation, a Justice of the Peace will need to complete your Accreditation page in My Account.
the on-line Accreditation assessment and participate in or present • Who do I contact if I am having difficulty with any part of
a learning activity of at least one hour’s duration each year and the Accreditation process?
successfully (90% pass for two attempts). The on-line assessment The assessment is an open-book process and you are encour-
is only required every two years. aged to have the latest edition of the Ministerial Manual handy.
• How do I add my recent education attendances? In the event that you require further assistance, you should
Once you have successfully completed the on-line assessment, contact your association ministerial educator or registrar.
you will be guided through the process. You may enter any educa-
tional attendances at any time.
Order for Commemorative Stamps
Please forward the stamps to:
Payment has been made to
Registrar Please supply stamp book/s as follows:
RFNZJA bank account
Royal Federation Number $0.00 Total on [date: ] / is attached
of NZ Justices Assns Inc (Strike out one)
Stamp books 10.00
P O Box 5005
Direct Credit payments may be
Lambton Quay,
made to our BNZ North End
Wellington 6145 Total payment $ Account 020536 0157911 00
registrar@jpfed.org.nz Prices include GST and P&P (please advise when effecting)Page 12 FEATURE
In March last year Nelson JP LOUISE CORBETT set herself a goal most
of us wouldn’t even consider: to complete
the Taupo Ironman in a year’s time . . .
Be sore,
not sorry
W
hat’s your Ironman? Think hard – know
you’ve got one.
It doesn’t have to be a physical challenge. We
all have something we’ve wished, hoped or wanted to
do but for many reasons haven’t achieved. Maybe it’s
to join a singing or public speaking group or walk to
the top of that hill you’ve driven past and looked up
at for years, but for me it was a 3.8km swim, 180km
bike ride and a marathon - the Taupo Ironman 2016.
There were plenty of excuses I could (over 20 years ago) I decided then and ming I continued to have major calf
have used to avoid achieving that goal, there that I’d overcome any excuse, and cramps that were so debilitating I often
and no doubt you have your own list work through any problems just to have had to cut my sessions short, unable to
that’s held you back from achieving a piece of what Wayne and Tim had move and having to call on pool staff
your own personal “Ironman”. For me experienced. To quote the Nike slogan or members of the public for assistance
it was the fact I hadn’t been able to run I was determined to get out there and (thanks Cordelia from Massage Works
for many years (due to calf problems), “Just Do It”. - your tip to take a Quick-Eze tablet for
I get violent motion sickness (not good As in life, and with any goal, there were cramp was a godsend).
for an event where you have to swim things I had to overcome but I worked Knowing that you learn more from your
in open water) and the fact you aren’t through every hiccup, and never let any mistakes and what goes wrong in life
allowed any mechanical help during of them derail me. I could’ve given up than you’ll ever learn from things that
the event (which didn’t bode well for when my poor swimming technique go right helped me focus. There were
someone who’d never fixed a puncture resulted in a rotator cuff injury in the plenty of times I could’ve got stressed
or changed a bike wheel). first two weeks of training but instead I about things but instead I chose to laugh
My dream started in 2013 with a con- sought help from One Flow swim coach at myself and learn from them.
versation over Christmas lunch. Like Lionel Padial, the best training decision Such was the case when I went out for a
a bolt out of the blue my 21-year-old I ever made. Given he’s also a triathlon 180km ride, got lost and ended up doing
son Tim said to Wayne, “Dad, I’ve got coach the triathlon advice he gave at my over 200km (20km may not sound like
a challenge for you. Ironman. Taupo. swim lessons was invaluable. much more but believe me it is when
2015.” Wayne and I sat there stunned. I could’ve given up after vomiting early you’ve already done 180km). Or when
Wayne wasn’t particularly keen but on at the local pool from motion sick- on my first “brick” session (practising
thinking it was just a throwaway re- ness as a result of swim drills. (I know all three disciplines with transitions) re-
mark he reluctantly agreed. - who gets motion sickness from swim- sulted in a half-hour swim/bike transi-
Fifteen months later I cried as I watched ming in a pool?) tion because I forgot my bike shoes and
them cross the finish line in Taupo. I could’ve given up on my dream when had to drive home for them.
I was totally in awe not only of their my husband got an overseas posting, I was told many times that I should do a
achievements but also the event itself. and I realised that not only would I marathon and/or half-Ironman at some
Everything about it inspired me, and it be on my own in terms of training (he stage during training to allow my body
was at that moment my Ironman dream knows how to fix a puncture) but that to get a feel for it. Rightly or wrongly I
was born. he also wouldn’t be in Taupo to support wanted the Ironman to be my first ever
I’m not a swimmer or bike rider, and me. triathlon and marathon. Call it quirky
while I’d done two half-marathons I could’ve given up when while swim- but it just appealed to me.Page 13 FEATURE
I was, however, slightly concerned my age group (50-54 years). What a
about the marathon. My training diary magical day.
shows the longest run I did was 2hrs I knew I’d be ecstatic at the finish line.
18m (I’d convinced myself it was long- What I never counted on was the total
er). However, I set myself a goal of do- enjoyment and satisfaction I’d have
ing a sub-five hour marathon based on throughout the time I was living that
the fact Tim had completed a marathon dream. At a first-timers’ seminar we
in five hours as half of a two-person were told that the training had been done
horse. I kid you not. He ran in a two- and to treat the actual event as a victory
person velour horse costume. lap. I did that in bucket-loads, enjoying
What’s more, he was the front half, every moment. It still amazes me that I
meaning he had to wear the horse’s can say that with complete honesty but
head, making it extremely difficult to it’s true. The sheer exhilaration of the
breathe. The five-hour goal was never a whole day was incredible. When you
competition in terms of wanting to beat work so hard to achieve something the
him personally but rather pure motiva- sense of satisfaction when you’ve final-
The inspiration: Louise’s husband ly done it is immense.
tion, that if he could do it in that time, in
Wayne and son Tim before the start of
that costume, surely I could get through I’m a sayings girl, and ran with the say-
the Taupo Ironman 2015.
42.2km in the same time without such ing, “You can be sore tomorrow or you
impediments. can be sorry tomorrow. You choose,”
One of my favourite sayings, Prior tucked into my running shorts. I was
Preparation Prevents Poor Perfor- obviously on such an adrenaline high
mance, certainly rang true on game I never felt sore, and I never had to
day. I’d done the training and knew that choose. Many times prior to the event I
short of a major accident or injury I’d was asked what my strength was (swim,
be able to drag myself across the finish bike or run) but it was none of those.
line. I also knew there’d be challenges My strength was my mental tough-
on the day… and there were. ness, which I expected to have to draw
on during the Ironman. Unbelievably
I accidentally left the three bottles con- never once during those 11 hours 48
taining all my bike leg nutrition in the minutes did I have to dig deep into that.
fridge where we were staying (thanks,
Tim, for sorting that out with minutes My goal for writing about my Ironman
to spare before the transition closed). I experience is to motivate someone,
got cramp on the swim and had to stop, somewhere to get out of his or her com-
tread water and take a Quick-Eze. I took fort zone and embark on their own per-
18 minutes at my first transition, which sonal Ironman.
is unheard of (people wondered if I was Here’s a quote I found on the internet a
painting my nails in there but no - I was few years ago that pretty much sums it
taping every toe to avoid blisters on the up: “I’d rather be standing at the top of
run). My watch died on the first of the the hill I just dominated, and unable to
three run laps, which meant I had no breathe, ready to puke, hair matted to
idea what pace I was going or what my my forehead than at the bottom wonder-
total time was. ing what it would feel like.”
The good news is that I got over each Remember, it doesn’t have to be a phys-
and every hurdle, staying completely ical challenge. If just one person takes
calm and upbeat. Words simply can’t up the challenge to live their dream and
describe how incredible the volunteers gets the sense of satisfaction like I did
and crowd were in Taupo, and how As an SPCA fundraiser Tim Corbett in Taupo it’ll worth it. Is that person
(slightly obscured!) ran a Wellington
much they helped everyone get through you?
marathon as the head of a two-person
it. If so, good luck with your dream. Go
horse, which was the inspiration for
Finally, on March 5 2016 I achieved my his mother’s sub-five-hours marathon get it!
Ironman dream. When the gun sounded goal. • Louise Corbett was born and bred
at 7am on a perfectly calm Taupo morn- in Wellington and moved to Nelson 28
ing I had three goals: to complete it in beat my 13-hour time goal by so much years ago. In that time she has been
under 13 hours (challenging but real- was mind-blowing. I simply couldn’t heavily involved in numerous commu-
istic), to do the marathon in under five fathom what I’d achieved. nity groups, organisations, committees,
hours, and to not walk a single step dur- It was never about beating anyone else. and sports teams. Her passion is help-
ing the marathon. It was one of the few things I’d ever ing people succeed, be it on the sports
Beside myself with pride at the finish done totally for myself. I put in all the field, in the classroom or the workplace.
line for having fulfilled all three goals I hard work and I’d done it. At that stage
was left totally speechless at the time I I totally lost it emotionally. A short
achieved it in - 11 hours 48 minutes. To time later I was told I’d come third inPage 14 NEWS
A community
champion
M
arlborough association stal- Blenheim
wart and Federation Past Mayor Alistair
President Julie McKendry Sowman
was presented with her JP presented
(Retired) badge and a Certificate of Federation Past
Appreciation from the Marlborough President
Julie
association at a KU2D session in
McKendry
Blenheim recently. with her JP
Mayor Alistair Sowman made the (Retired)
presentation and fellow Federation badge and a
Past President Gavin Kerr was invited Certificate of
to make some remarks before the pres- Appreciation
entation. from the
Marlborough
Mr Kerr said it was fitting that Julie association.
was honoured in the presence of local
colleagues who know and appreciate and which, along with frequent calls to QSM was testament to her selfless
her long and meritorious service to JPs bail hearings at what was not always a contribution.
not only locally but nationally. convenient time, often took a toll on
“Julie, you can head for retirement ful-
“Julie served for over 20 years on the one’s personal life. Julie was always
ly satisfied that your work has been of
Marlborough association council and there to play her part and I certainly
huge benefit to your community, that
went on to become Central Regional appreciated her calm and wise counsel
you have carried it out with passion,
Representative on the then Federation whenever I had the privilege of sitting
dignity and selflessness, and that your
Executive, ultimately becoming Presi- with her.
colleagues here salute you as a shining
dent in 2000. “Julie also had a strong involvement example of all the attributes demanded
“Having travelled a similar route, I in many other aspects of the Marlbor- of a Justice of the Peace.”
know and appreciate the level of time ough community and her award of a
and energy which it requires, and can
appreciate what Julie sacrificed in re-
spect of her personal life.
“The office of Federation President
is much more than you see when the
incumbent rocks up to an association
AGM to deliver news and encourage-
ment. It requires a raft of different
skills applied over a number of gov-
ernance areas and it is a tribute to Julie
that her year in office saw the Federa-
tion move forward competently and
positively and she was able to hand
over to her successor in the full knowl-
edge of a job well done.
“It is not only her contribution in these
governance roles that Julie made an
enormous contribution. She served
as a judicial JP for 26 years – longer Julie McKendry, Mayor Alistair Sowman and Gavin Kerr share a laugh
than most judges – at a time when long with Julie’s husband Leo, a former mayor of Blenheim (seated), about the
amount of time Julie used to spend on JP matters. Ursula Paul is taking a
depositions hearings were the norm
picture in the background.Page 15 FEATURE
‘It’s a privilege’ says iconic Justice
By VIV TROUNSON
A
change of pace has given vet-
eran Dargaville JP Jack Fannon
a chance to reflect on 47 years
of serving the community as a
Justice of the Peace.
Jack, who is probably Dargaville’s best-
known and most accessible Justice, and
whose name was also synonymous with
quality menswear, retired recently after
a mammoth 73 years in the trade. But
don’t expect to see JP (Retired) after his
name any time soon. The day he was in-
terviewed for this article he had two cli-
ents visit his home in the morning and
another after lunch – in spite of White
Pages omitting his name from both resi-
dential and JP listings.
Jack – along with Doug Mawson and
two other people from Te Kopuru – was
initially approached by local JP Percy Jack Fannon: 73 years in the menswear business
Walden.
“I’d just retired after 20 years with the medication, and they would be out I didn’t have a stamp then and had to
Ambulance and felt I needed to pick up again. But it wasn’t a pleasant job and write on each one. I told her to come
something else to help in the commu- on a couple of occasions the person back in a day or so.”
nity,” he said. He recalls being pretty caught up with me and showed disap- Although 364 was exceptional, Jack
much thrown in the deep end, with little pointment with my decision.” said 20 to 40 isn’t uncommon. “It’s put
training. Jack also recalls earlier JP roles of a big workload on JPs and I’ve had peo-
“There were no guidelines to work opening coroner’s inquests and being ple queuing up.”
with, and from the start I was thrown asked to act as a scrutineer in polls. Marriage dissolutions are another as-
into the court situation on my own, han- On one occasion he over-rode police pect he thinks has increased considera-
dling cases such as making a nuisance who reached a deal to drop opposi- bly. However, search warrants – “a case
in a public place, assault etc. tion to bail while he was in chambers. of following guidelines” – have gone to
“I remember adjourning proceedings He was roundly abused for this by a a smaller, more specific group.
and asking the registrar what consti- woman who came into his shop but felt Jack also recalls speaking to clubs and
tuted an assault, and was handed the ap- vindicated when Whangarei Justices groups about JPs’ roles, something that
propriate book. released the man a week later and he is a lot less common now, and visiting
“The offender would sometimes ques- promptly tried to bash down his alleged hospitals and people at home who could
tion the facts, which tested my knowl- victim’s door. However, he says abuse not travel for their ministerial needs.
edge, and looking back I’m sure I ruled was rare and he never considered retri-
bution a risk. Most clients have been grateful for his
with my heart rather than my head.” services, but “ there are always the few
Jack served in court until about two He says adequate training – both ju- who think their time is more precious
years ago and estimates he was often dicial and ministerial – was not really than the Justice’s”.
called two or three times a week, his available until the Law Society sug-
gested a need for it. As a result he sat 11 And it’s not just the public who avail
availability making him an obvious themselves of Jack’s experience. He has
choice when a JP was needed quickly. judicial papers in 1979, and still has the
cyclostyled exam papers. had calls from other Justices looking for
He well remembers the unenviable task advice or ideas.
of deciding whether to place people into “The education has definitely proved
beneficial to JPs, courts and lawyers Asked about notable moments, Jack
mental institutions. “Backed by two plays it low key. “Mostly it is fairly
doctors’ opinions, we had to interview alike,” he said.
mundane stuff but which has to be
the person and decide because, quite Looking back on his ministerial role, done.
often, the doctors’ statements varied Jack said this has become steadily bus-
widely. ier, especially since the introduction of “I treat it as a privilege to be asked to
certifying copies. do it.”
“We knew that mostly it was for the
person’s own good, perhaps to adjust “One girl brought me 364 copies, andPage 16 NEWS
Long service honoured
R
ecently members of the Mata- nities by Justices Joan De Renzy,
mata branch of the Waikato Rae Mortimer and Jack Dennett
association, with representa- from Matamata, and also Nora
tives from the Putaruru branch, Martelletti, who until transferring
gathered to honour the long service to Matamata was a member of the
given to residents in our commu- Putaruru branch.
Matamata president Frank Healey
presented Certificates of Appre-
ciation to Joan, who has given 39
years of service in the Peria Hills
area, Rae (37 years), and Jack (30
years). Both Rae and Jack trans-
ferred to Matamata from Auck-
land and have been involved in the
community as well as serving on
the Matamata branch committee.
Rae has also assisted with training.
Putaruru president Norm Barker
presented Nora with a certificate
honouring not only her 32 years as
a Justice but also her community
involvement in the Okoroire/Tirau
area. Now residing in Matamata,
Nora is continuing to assist local
people.
Rae Mortimer (left) and Frank Congratulations to these long- Joan De Renzy and Matamata branch presi-
Healey serving members. – Elaine Fraser dent Frank Healey
CROSSWORD
ACROSS: transactions
1 2 3 4 5 1 British PM (5,7) 5 Catch
6 Forbearance 6 Threatened penalties
8 Confers a knight- 7 Persuade
6 7 8 9 hood on 8 Deviate
10 Spies (Japanese) 9 Mistrusted
13 Restores to normal 11 Covetous
14 Additional 12 Respected political
10 11 12 13 15 Native timber leader
16 Brink 18 Flows like 17 across
14 17 Powerful surges 22 High points
19 Disapprove of 24 Help
15 16 20 Away 25 Before (poet)
21 Institutes legal pro-
17 18 ceedings D G E S I S I M O N B R
23 Kneaded r I A P
19 20 26 Associate S U E S M A S S A G E D
Minister of N U S B E
Justice (5,7)
O P P O S E A B S E N T
I L T I D E S C
21 22 23 24 25 DOWN:
T A W A A N E D G E
C E X T R A R P
2 Suitable G H T S I R N I N J A S
3 Tribe (Maori) O I U A O
4 Documents M D U B S S T O I C I S
26 26 recording E A P W
the terms of
M E R O N D A V I D C AYou can also read
