QUARTERLY - 'Silver lining' from lockdown poems - Auckland Justices Of The Peace Association
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Justices’
QUARTERLY October 2020
Volume 89 Number 3
FIAT JUSTITIA
RUAT CAELUM
‘Silver lining’
from
lockdown
poems
PRESIDENT’S PAGE
Tēnā koutou katoa
Ringing the changes To meet the requirements we need to make
sure that our skills in the technology area will
Welcome to the October issue of the Justic-
meet the changing needs of our clients and
es’ Quarterly.
stakeholders.
Spring to me is by far the most exciting part
A good illustration of the use of technology
of the year. Not only does it bring warmer
was the number of associations which con-
days and increased hours of daylight, but it
ducted online training during lockdown. On-
also brings hope of better things to come.
line training will become more widely used
After all that we have been through this year as we move forward and in time will form a
don’t we need it? key part of the professional development of
our members.
By the time you read this column we will
have commenced the programme of asso- Federation President I hope that the new website will be live when
ciation AGMs. These meetings obviously Garry Nicholls this issue is published. We are expecting
have a very important governance role within that eventually the new website will deliver
our organisation. This year, because of the cancellation an enhanced online educational capability. This will not
of the regional conferences, AGMs have assumed an happen instantly but it will be part of the key objectives
increased importance in terms of the communication as the new site is developed. This is entirely consistent
between the Federation and associations. I am hoping with the objectives of the Justices of the Peace Educa-
therefore that most AGMs will be attended by either me tion Trust that was dissolved earlier this year. The new
or a member of the Federation Board. website will also present a fresh image and easier func-
tionality, not only to our members but also to the public
The various oscillations of COVID-19 levels have made
who visit the site.
it very difficult for associations to plan the timing of their
AGMs. Already some associations have had to resched- As we approach the end of 2020 I am pleased to report
ule the meetings. Having different parts of the country in that there has been a steady improvement in the num-
different levels has also added to the planning com- ber of members who have achieved Accreditation. At
plexity. All we can do is carry on, hoping that everything present, nationally 46% of our members have achieved
will happen as we planned but at the same time being this milestone. This compares favourably with the same
prepared for the unexpected. time last year when 42% of members were accredited,
but some associations have made significant progress
I want to take this opportunity to thank those of you
while others have lagged a little. Can we make 50% by
who step forward to take up roles on your association’s
the end of 2020? I am sure that we can.
council. This applies to those of you who have recently
stepped down, those continuing for another year and It is also great to see that many of our members com-
those of you who have agreed to make yourself availa- plete the Accreditation test several times during the
ble for the first time. I know that many of you will have year. They use the test as a knowledge refresher. Why is
other important competing demands for your time. Accreditation important? It is important because it pro-
Your willingness to freely give your time to support your vides a clear guide of the competency of our members
colleagues as they perform their Justice of the Peace to our stakeholders, particularly the public. Competency
duties is much appreciated. is important because it is the key part of what we deliv-
Even if you are not a member of your association’s er to the public of New Zealand. That is what the public
council, if you feel that you have something to con- deserves and expects.
tribute, please do not hesitate to offer your help. This Finally, I want to recognise the tremendous efforts made
applies even if you are a relatively new Justice of the by our educators in supporting both our ministerial
Peace. New people bring new ideas. He rau ringa e oti and judicial roles. Having been a ministerial educator
ai: Many hands make light work. for some years I know how important these roles are
The lockdown periods that we have endured over re- and how much time is involved in preparing and deliv-
cent months have meant that as Justices of the Peace, ering the education programmes that equip us for the
we have had to consider different ways of offering our work that we do. The collective knowledge bank of our
services to the public. Some of these changes may well members is the most important asset of our organi-
turn out to be permanent. It has been interesting to see sation. Again, if you have experience in the education
the way that technology has played a big part in making field, particularly the delivery of online education pro-
sure that we are still able to offer our services to the grammes, I am sure that your association would like to
community. hear from you. I urge you to put up your hand.
In many ways this is a sign of the future. There is no Kia atawhai: Be kind
doubt that the use of technology will become increas- Garry Nicholls
ingly important in the way we offer our services.
16 XXXX
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THE OFFICIAL JOURNAL OF THE NEWS 2
‘Silver lining’ to lockdown
Past Federation President Gavin short piece on what I hoped might
Kerr, living in retirement in Blen- have been her thoughts at her leav-
AND ITS AFFILIATED ASSOCIATIONS
heim, has been able to make a ing us.” That poem is the opening
Te Kāhui Pou Whakatau Ture O Aotearoa
substantial contribution to the piece in the book.
work of Alzheimers Marlborough Gavin said that he didn’t set out
EDITOR: GEOFF DAVIES JP through sales of “Under Lockdown”, to emulate or borrow from any
Email: merlin81@xtra.co.nz a collection of poems he wrote dur- particular poet’s style – but “if truth
Telephone: 021 900 228 ing the COVID-19 lockdown period be known, there may be touches of
between March and May this year. Ogden Nash and Billy Collins here
NATIONAL OFFICE: TONY PUGH JP
PO BOX 5005 WELLINGTON Five dollars from the sale of every and there, two poets whose some-
Telephone 04-918-8114 Fax 04-918-8034
copy goes to the organisation, times (often with Nash) quirky style
Email: registrar@jpfed.org.nz which is facing growing demand for resonated with me.”
Website: www.jpfed.org.nz support for both sufferers and car- Gavin said the public have been
ISSN 2382-12164 (print) ers. The book is now into a fourth very generous in their support. “I
ISSN 2382-1272 (online) print run, and Gavin has already especially thank the Marlborough
FIAT JUSTITIA RUAT CAELUM presented a cheque for $1000 to community for their contribution
Let justice be done, though the Alzheimers Marlborough (see cover to the project,” he told the Marl-
heavens may fall picture). borough Weekly. He said that the
October 2020 VOL 89 No: Three This is far from Gavin’s first venture support he and Liz had from staff at
CONTENTS into poetry, but he decided to mark Alzheimers Marlborough was vital
From the National Manager 3 the time spent under the tight re- following Liz’s diagnosis.
strictions of lockdown by writing a Alzheimers Marlborough manager
Experimenting with Facebook 4
poem a day, reflecting on life under Diane Tolley told the Weekly that
Education 5-12 lockdown and “whatever took my the organisation was thrilled at the
Tech Tips 13 mind at the time”, he says in the donation, and appreciated Gavin’s
Association history published 14 foreword. kindness. “Receiving a copy of the
Leadership recognised 15 “As well, just on the eve of earlier poem ‘The Lockdown’, written 20
lockdown restrictions, my wife Eliz- days after the passing of Gavin’s
Obituary: Clive Rae 16
abeth (Liz, as I refer to her in some wife brought home to us the range
Crossword 16 of the works) succumbed to the of emotions families go through as
Hubbard inside back cover double whammy of dementia and the dementia journey progresses,”
Appointments outside back cover congestive heart failure ... I wrote a she said. – Geoff Davies
• Contact Gavin Kerr at gekerr@slingshot.co.nz to buy a copy of his book ($25
FEDERATION OFFICERS
+ $3 P&P)
Patron: The Rt Hon Dame Patsy Reddy GNZM QSO
Governor-General of New Zealand
President: Garry Nicholls JP
Immediate Past President:
Denise Hutchins MNZM JP
Vice-President: Rachael O’Grady JP
Northern Regional Representative:
Nigel Tate JP
Auckland Regional Representative:
Terry Holding JP
Central Regional Representative:
Laurie Gabites JP
Southern Regional Representative:
Lindsay Dow JP
Honorary Solicitors:
Buddle Findlay
National Manager and Registrar:
Tony Pugh JP MBA BBS ACA
Professional Development Advisor:
Shinae Skelton BA LLB
Administration Officer: Sarah Gillard BCA
Editor Justices’ Quarterly:
Geoff Davies JP
Gavin Kerr with his book of poems written in lockdown between March
and May this year. Picture: MARLBOROUGH WEEKLY
NEWS 3
TONY PUGH reports from the Federation office
FROM THE
NATIONAL MANAGER
Conference 2021 This move aligns Judicial Justices of the Peace retirement
requirements with those of all judges and community
The Federation’s Annual Conference and Annual Gener- magistrates and provides assurance of tenure for Judicial
al Meeting will be hosted by the Wellington association Justices.
over the weekend of February 26-28. Associations will
be provided with confirmation of these dates in early
November after all available information regarding
Judicial Studies Course
COVID-19 lockdown risks is taken into account. In response to the directive above, the Federation
assessed the timing of the Judicial Studies Course. The
Non-compliant documents course has traditionally commenced in early April but
has been moved to early February in 2021 to assist with
From time to time documents are presented to Justices replenishment of the court panels in areas where a num-
of the Peace which may not be what they seem to be ber of Judicial Justices have retired or will be required to
at first glance. Whilst caution is required when dealing retire soon.
with any document, it is important that Justices can
assure themselves of their jurisdiction when dealing
with documents which are not familiar. The Education
Board nominations
pages of this Quarterly include extensive coverage of The Federation Board consists of the Immediate Past
this subject and it would be beneficial for all Justices to President, the President, Vice-President and four re-
re-acquaint themselves with these directions – see “Is gional representatives. Elections are held annually for
this an affidavit?” (P9). these positions (except the Immediate Past President)
and nominations are made via local associations. To be
Judicial JPs: retirement at 75 eligible for the role of President or Vice-President the
nominee must have served on the Federation Board as a
In July the Chief District Court Judge issued a directive regional representative during the five-year period prior
that Judicial Justices of the Peace were required to retire to election. The nomination period closes on November
on or before reaching 75 years of age. Some limited 1, and elections are held for regional representatives
exemptions were allowed as part of the directive, and immediately after that date. The elections for President
where appropriate these have been granted. and Vice-President are held at the AGM.
Honouring 188 years of service
Five long-serving
Waikato Justices offi-
cially retired and were
presented with their
certificates at a recent
Waikato association
function attended by a
large number of fellow
members. Between
them, the group has
notched up 188 years
of service: from left,
Clifton O’Leary (38
years), Robert Thomas
(54), Ray Wakefield (41),
Don Lindale (19) and
Bill Parsonson (36). Bill
is also a former asso-
ciation president and
registrar.
FEATURE 4
Facebook working well for Auckland
By Auckland association registrar JANET THOMPSON
A few years ago, in response to There was also the concern we
member requests, the Auckland could set it up but nobody would
association decided it wanted a use it.
modern, effective way to provide It was with those discussions and
a forum for timely discussion concerns that we did some re-
of interests. After considerable search to determine the best way
discussion we went live with a to proceed. Eventually we decid-
Facebook page for our members ed to set up a closed Facebook
in April 2018. page. This means that the name
One of the key considerations of the page is visible for people
in choosing Facebook was man- to search and make a request to
agement of risk. A blog was considered but was join, but membership has to be approved, and
rejected due to: only those that had been approved can view the
• the layers of security that needed to be ad- contents of the page.
dressed so that members could ask questions The council also developed a Facebook Code of
of each other in a secure space Conduct and designed the membership request
• the time and money to develop the infrastruc- so that applicants had to provide their JP num-
ture to host the blog. ber and agree to abide by the Code of Conduct.
The association already had Another layer of security estab-
a website that posted news lished that members’
items, but these did not posts have to be ap-
appear to be widely read. proved before being
Facebook already had the made visible to other
infrastructure and security members.
in place so it was decided to Almost 17% of our
give it a try. members have now
It was important that the joined the Facebook
Facebook page was seen as page, and the per-
an optional value-add extra centage is rising every
for members. It did not year. The page gets
take the place of other in- good feedback from
formation sources – it was members and while
an “as well as”, not “instead we have always been a
of” source of information very active association,
and discussion. the page allows us to
not only be active but
Along the way there were to be seen to be active.
many discussions around
the council table about The posts vary from
the risks associated with a requests for assistance
Facebook page. None of at service desks, photos
the council was an experi- of support group func-
enced Facebook user, and tions, celebration of
there were concerns that there could be: achievement, items of
trivia and discussion about different scenarios
• personal attacks on other members and issues that members have faced.
• wrong or misleading information posted The Facebook page seems to meet a need for a
• breaches of confidentiality growing portion of our membership, and techni-
• unprofessional behaviour. cal issues have been minimal.
EDUCATION – October 2020 5
From the Professional
Development Advisor Shinae Skelton
We have a new website
The new website will look different from the previous website and will function differently, but it has
the same address as the previous website: www.justiceofthepeace.org.nz
This link will take you to the new home page, which is also available to the public.
The public home page
For the public How to log in
The “Find a JP” search tool has been updated and To log into the members’ section, you will need
is a key feature on the home page. to select the gold “JP Login” button at the top
right hand side of the screen of the home page.
Users can search for Justices of the Peace by loca-
tion or by name. A search by location will provide This will take you to the Member Login page.
details of service desks and Justices of the Peace Your username is the same as it was for the pre-
located in the area. The search results can also be vious website – your last name followed by your
narrowed by language skills. JP number.
6 EDUCATION – October 2020
How to reset your password
If you cannot log into the website using your usual
username and password, please select “Forgot your
password” to reset your password. You will be
taken to the “Reset your password” screen.
Enter your email
address to reset
your password.
If you have
multiple email
addresses, en-
sure you enter
the same email
You will need to reset your password if your address that was
login does not work. recorded in your
contact details on the old website.
If you have a new email address, you may need enter your old email address into the reset password
box if you have not updated your email details on the website beforehand.
If you have entered your email address correctly, you will be sent an email entitled “Reset Password”.
Check your spam/junk mailbox if it does not appear in your primary mailbox.
Select the “Reset Password” box in the email. This will take you to a page where you can create a new
password.
EDUCATION – October 2020 7
Once you have entered your preferred password website and go to the JP Login page.
and have selected “Update Password” you can
Select “Forgot your password”. This will take you
return to the JP login page and log into the web-
to the “Reset your password” page. Follow the
site using your usual username and your newly
same steps as those set out above in the “How to
created password.
reset your password” section.
How to change your password
Just as when you are resetting a forgotten pass-
If you have set a password but you would like to word, you will be emailed a link which will enable
change it to something different, log out of the you to create a new password.
The members’ home page
Once you have logged into the website, you will be taken to the members’ home page.
Profile
The profile link will take you to your personal profile page.
Here you can update your contact details and indicate periods of time when you might be unavail-
able. You can enter more than one address, if you are available for Justice of the Peace duties at an
additional location or if you have a separate postal address.
Make sure your email address is entered in your profile details to ensure you are able to receive email
updates and retrieve your password if it is forgotten.
You can also indicate in which languages you are skilled. When searching for a Justice of the Peace in
“Find a JP”, search results can be narrowed to Justices who speak a particular language.
You can also indicate your general availability and your preferred method of contact by going to the
“Availability” section. Select from the options in the dropdown box. For instance, you may be available
8 EDUCATION – October 2020
at any time but would
prefer for clients to
Availability
text you to make an
appointment. Which-
Active ever option you select
will appear on your
profile on the “Find a
Is this a postal address? JP” page.
Accreditation
Expiry date
You can find your Accreditation expiry date on your profile page. Scroll down the page until you find
the relevant box.
Update your education session
Directly above your Accreditation expiry date you
can see the date of the latest education session you
have attended. You can update this record by select-
ing the calendar symbol on the right side of the box
and selecting a new date. You do not need to enter
any other details to update your record.
Sitting the test
Go to the “Accreditation Exam” page to sit the Accreditation test.
You can now save your progress if you partially complete the test and need to take a break.
When you complete the test and submit your answers, you will automatically be shown your incorrect
answers on the subsequent screen. You will also receive an email listing the questions you have an-
swered incorrectly.EDUCATION – October 2020 9
Is this an affidavit?
Sometimes Justices of the Peace are
presented with a document purporting to
be an affidavit that does not meet the legal requirements.
What is an affidavit?
It is a statement in writing made must comply with the District Court tion that authorises them to take
on oath or affirmed. Its primary Rules, the Family Court Rules, the the affidavit
purpose in New Zealand is to be High Court Rules and/or the legis- • the deponent and authorised
used as evidence in court. This lated rules of the relevant tribunal person must initial or mark every
document can be used instead of or judicial body. page that precedes the jurat
the deponent appearing in court A brief search of the Parliamentary
to give their evidence orally from • the Family Court requires sin-
Counsel Office’s legislation data- gle-sided documents only.
the witness stand. For instance, an base for legislation and regulations
officer may write an affidavit to containing references to affidavits For more information about the
support the prosecution’s case in a will yield over 100 results. If you rules and requirements relating to
criminal trial. Couples applying for look at those legislative references, affidavits, see your manual.
dissolution complete an affidavit you will see that the New Zealand
as their application is technically a Criminal offences relating to
legislature anticipates or requires affidavits
legal application for a court order. affidavits to be filed in relation to
The Ministry of Justice provides the court, tribunal and panel proceed- Section 108 of the Crimes Act 1961
following description: “Affidavits ings. makes it an offence to make a false
and affirmations are documents assertion in an affidavit under cer-
that contain information said to be tain conditions. A person commits
true by the person who swears the perjury when they make a false as-
affidavit or affirms the affirmation. sertion as a witness, either through
Affidavits and affirmations are evidence given in open court or by
used to present evidence in written affidavit. The evidence must have
form.” been given by the witness before
a tribunal in judicial proceedings
The Citizens Advice Bureau de- with intentions to mislead the
scribes affidavits as written, signed tribunal. Section 108 lists different
and witnessed statements which tribunals whose proceedings are
will be used as evidence in court, What are the general requirements
“judicial” for the purposes of sec-
for example if you can’t be at the for affidavits under legislation? tion 108. In this section, the making
hearing. For guidance on form and content of a false affidavit is specifically
In other countries, the term “affi- of affidavits, we need to look at prohibited when produced as evi-
davit” can have a wider meaning, the District Court, Family Court dence in judicial proceedings.
relating to making a statement and High Court Rules. Some basic Section 110 of the Crimes Act
of truth, and is not necessarily a requirements that affidavits must makes it an offence to make a
statement to be submitted to a meet to be accepted in these courts statement that would amount
court as evidence. However, in New include that: to perjury in judicial proceedings
Zealand, legislation relating to af- • they must be expressed in the when required or authorised by
fidavits envisages their use in court first person law to make a statement on oath
proceedings. Statutory declarations or affirmation. This section essen-
are used as an alternative where • they must state the full name, oc-
cupation and place of residence tially criminalises false oaths made
a person wishes to declare some- with the intention to mislead the
thing as true outside of court. of the deponent
recipient of that statement and re-
Legislative background of affidavits • they must be signed or marked lates to oaths made outside judicial
by the deponent proceedings. Unlike section 108,
In New Zealand the form, content,
• they must be signed by an au- section 110 does not refer explicitly
purpose and rules for submission
thorised person to affidavits.
and filing of affidavits are pre-
scribed by legislation. Depending • the authorised person must state Section 111 of the Crimes Act
on the nature of the case to which the date and place of swearing makes it an offence to make a false
the affidavit relates, the affidavit or affirming and the qualifica- statement or declaration where the10 EDUCATION – October 2020
maker is required or authorised to been created by the client rather • The document clearly does not
make a statement by law. than taken from a template and is meet the legal requirements of the
Section 114 of the Crimes Act formatted a little differently. Docu- document it purports to be.
makes it an offence to sign a state- ments formatted a little differently • The document contains written
ment purporting to be an affidavit could still meet the requirements threats towards others or you.
or statutory declaration when your or may miss a few requisite ele-
ments. See the paragraph above • The sections of the document
signature would indicate that you that you checked as part of your
have taken the oath or declaration about the general legislative
requirements for affidavits and usual perusal clearly contain false
when you have not sworn or taken information - for instance, the cli-
the declaration. It also makes it an consult your manual.
ent has written a name that is not
offence to sign such a document if If the document is missing a requi- on their identification or that you
you know that you had no au- site element, point this out to the reasonably believe does not belong
thority to administer that oath or client. If the client needs further to them. Justices should not form
take the declaration. The section advice on affidavit requirements, an opinion about the veracity of
creates a further offence where it direct them to Community Law the information in the body of the
is prohibited to use or offer that or perhaps the Ministry of Justice document.
document where the person knows website.
the document was not sworn or • The document clearly deviates
If the client insists that their docu- from accepted formatting in a way
made by the deponent or before ment does not need to meet these
an authorised person. that could mislead the recipient.
requirements, it is an indication For instance, if the document’s
My client has a document entitled that the document is not an affida- page numbers begin -3, -2, -1, 0,
“affidavit” that does not appear to vit under New Zealand legislation. 1 – the client could discard the first
be a proper affidavit. What do I do? Confirm the purpose of the affidavit four pages without the recipient’s
Your manual says: knowledge.
Confirm with the client that they
“’If in doubt, don’t act. wish to submit this document to • The client refuses to complete
This applies when there a court, tribunal or in relation to the document correctly, for in-
is a genuine doubt other proceedings. If they do wish stance, by refusing to write their
about the legality or to submit this document to a court name, or occupation or address
propriety of the docu- or tribunal, they may not have when required to by law.
ment or task requested. “ understood that the courts have Doubting the propriety or legality
content and form requirements for of the task:
Best practice, when in doubt, is to documents.
decline to execute the document • The client has asked you to sign
with which you are presented. If the client does not intend to file something you are clearly not au-
However, before you decline, it is this document in relation to judicial thorised to sign, such as a property
a good idea to form a clear under- proceedings, it is an indication that relationship agreement.
standing of the circumstances and the document is not an affidavit
• The client is pressuring you to
to determine whether you have under New Zealand legislation.
sign a document when you have
good reason to genuinely doubt Determine if you have a “genuine decided not to for other reasons.
the circumstances or the docu- doubt” about the legality or propriety of
ment. • The client is clearly being pres-
the document or the task sured or influenced to sign some-
The document may be a foreign affi- If you have determined that the thing.
davit document is not an affidavit or • The client is clearly distressed or
Ask the client if it is a New Zealand statutory declaration and is not does not currently have the mental
affidavit. Perhaps they have pre- something that you are specifical- capacity to appreciate the reper-
sented you with an affidavit from ly authorised to sign as a Justice cussions of signing the document.
a foreign jurisdiction. If this is the of the Peace empowered by the
case, the document will be subject Oaths and Declarations Act or any • The client clearly believes that
to different legal requirements other act, you should consider a document will be valid in a way
and this affidavit may meet those whether you have a genuine doubt that it is not.
foreign legal requirements. The about the legality or propriety of • The client is asking much more of
client will need to confirm with the the document or what the client is you than could be expected from a
receiving organisation or with their asking you to do. Justice of the Peace - for instance,
local embassy that a New Zealand There are an infinite number of requiring you to initial and date
Justice of the Peace is authorised to reasons why you might form a every paragraph of a large docu-
take that affidavit. genuine doubt. Some examples are ment or to take the client’s affidavit
outlined below. 10 times using 10 identical docu-
Double-check that the document does
ments.
not meet requirements Doubting the propriety or legality
of the document: This list of examples is not exhaus-
It may be that the document has tive. Each client’s circumstances areEDUCATION – October 2020 11
unique and can present new issues. that purports to be an affidavit.
As a Justice of the Peace you are The Code of Ethics requires you to
expected to approach each situa- undertake your statutory, judicial
tion with common sense, an open and ministerial duties in a proper
mind and pragmatism. manner and administer the law in
Provide an alternative solution: so far as you are called on to do
Having established a genuine so. If your genuine belief is that it
doubt as to the propriety or legality would not be proper to undertake
of the document or task, you are the task you are presented with
perfectly entitled to decline to ex- and that the law does not support
ecute the document. However, to the execution of the document,
help the client you should endeav- you are not in breach of the Code
our to offer an alternative solution. of Ethics by declining to act. Quite
the opposite!
• You could suggest the client
make a statutory declaration or Is it illegal for a client to make a
complete some other document document that is pretending to be
that better fits their purpose. ment “affidavit” does not lend the an affidavit?
• You could advise the client to document more authority in this It depends what you mean by
visit their local Community Law context. “illegal”.
Centre or Citizens Advice Bureau In conclusion, entitling a document The document may certainly be
for advice. “affidavit” has little legislative legally invalid for the purposes of
• The client could also see a private effect in New Zealand if the docu- filing written evidence in court. If
ment does not meet the legislative the document does not meet the
lawyer or the local court.
requirements for affidavits. The cli- very specific legislative require-
ent is left with a document of little ments of an affidavit, the court is
I think I have signed a document practical value. If such a document
that purported to be an affidavit unlikely to accept the document
is executed, clients are left with pa- and the client will need to provide
but didn’t meet the requirements. perwork that serves little purpose a proper affidavit.
What are the ramifications? and might have cost them money
and time. An affidavit is unlikely to be accept-
If the client intends to submit the ed by organisations for any other
document to a court, it will likely Why shouldn’t I sign this purpose and is therefore invalid for
be rejected if it falls short of the document if it causes little harm? those purposes also.
form and content requirements
of that court or tribunal. In this You are not doing your client a The client is unlikely to be charged
instance the client will be incon- favour by signing their document if simply on the basis they have creat-
venienced. the document holds little practical ed an illegitimate document. To be
value. Your signature and acquies- liable for a charge under sections
If the client does not intend to cence could be taken as approval 108, 110 or 111 of the Crimes Act,
submit their “affidavit” to the of the document and could give the client must make assertions in
court and instead wishes to submit the client false hope that it is some- their statement that are intended
it to another organisation, that how more valid. to mislead the recipient. It is also
organisation will likely reject the unclear whether an illegitimate
document or ignore it. The docu- You are also unaware of who will
receive the document. The recip- “affidavit” would attract a charge
ment is of little practical value if it under these sections, as these
does not meet the organisation’s ient may view your signature as
approval of the document’s validity sections pertain to affidavits, oaths
requirements or expectations for and statements that the client is
documents or if the document has and this may damage the public
opinion of Justices of the Peace. authorised or required to make by
no meaning to that organisation. If law.
the document is rejected, this has It would be contrary to the Code of
inconvenienced the client. Ethics to undertake your duties in If the document is used by the cli-
an improper manner. ent in a way that has caused harm
Sometimes clients wish to provide that is prohibited by the Crimes Act
these documents to important or another act, the client could be
figures such as the Prime Minis- The client says that I am required to criminally liable - for instance, if the
ter or the Governor-General. This sign this document. Am I? document is used for fraudulent
would be equivalent to a member There is no legal requirement that purposes.
of the public writing a letter to a person authorised to take an affi-
that person, albeit in unusual form. In most cases, if presented with a
davit must take an affidavit. Natu- document that the client errone-
They are perfectly entitled to do rally, there is no legal requirement
this subject to any laws pertain- ously identifies as an “affidavit” the
that a person authorised to take an issue is one of understanding and
ing to harmful communications affidavit must execute a document
and threats. Entitling the docu- knowledge rather than of ill-intent.12 EDUCATION – October 2020
Certified copies in a COVID-19 world
In the previous Quarterly, I provided advice on how you might take a
statutory declaration or affidavit via video link. Justices can do this under
temporary orders imposed to assist the public during COVID-19 alert levels.
Unlike statutory declarations and affidavits, certified copies are not pre-
scribed by law. This means that no law change is required to enable
Justices to take certified copies via video link. Justices were able to do this
before Alert Level 4 and afterwards.
Practical considerations: the client and sent by you. You For a copy required for AML pur-
• Both you and the client will must also destroy the certified poses
need to have a wifi enabled copy printed, written on and • Also ask the client to place
device capable of video-calling. scanned by you. themselves within good view of
This require a video camera and • In person it is easy to confirm the camera.
a microphone. that a person is alone or is not • Compare the client to their im-
• Do you and the client have ac- being unduly influenced by an age in the copy of the identity
cess to the same video-confer- accompanying person. Take document that you have before
encing programme, website or extra steps to establish that the you.
app - for instance, Zoom, Skype client is in a reasonably private
space. Once you have compared the copy
or FaceTime? and satisfied yourself that it is a
• You and the client will need Suggested process: genuine copy (and that the image
sufficient internet connection to • Confirm the client has the cor- resembles the client)
ensure good picture quality. rect technology. • Write the certification state-
• Do you have a printer to print • Agree upon a video-conferenc- ment on the copy of the
out the copy to stamp and write ing format, such as Zoom, and document. You can include the
on? a time. circumstances of certification.
• Do you have a scanner to scan • Ask the client to ensure they are For instance, for an ordinary
and email the certified copy in a private place when vid- certified copy you might write
back to the client? Or a phone eo-calling you. “This is a certified copy of a doc-
with a camera and a scanning ument presented to me as an
• Ask the client to email you their original via video-conference”.
app downloaded? copied document and print this You could use your stamp and
• Are you competent with video document. amend the appropriate section.
technology? • Video-call the client. • Scan the document.
• Are you competent with email? • Confirm that you are the only • Email the document to the cli-
Objectives when certifying: person present on your end of ent, taking care to send it to the
• Can you compare the document the call. correct address.
and the copy sufficiently? • Introduce yourself. • Confirm the client has received
• Can you compare the identifi- • Confirm the client’s identity. the document and that the
cation document to the client • Ask the client to confirm who certification is correct.
sufficiently? else is in the room with them. • Delete the original email from
• Is your certification statement • Confirm that the document the client.
honest and clear? you have printed is the correct • Delete any downloads of the
• Is the receiving agency aware of document. copy emailed to you.
the method of certification and • Delete the file of the certified
will this be accepted? For an ordinary certified copy copy that you scanned.
Possible issues to be aware of • Ask the client to show you their • Delete the email that you sent
when certifying via video-confer- original document by holding it to the client with the certified
ence: to the camera. You may ask the copy document attached.
• Be very careful to ensure you client to move the document
into different positions. • Destroy the certified copy doc-
email the certified copy to the ument that you printed, wrote
correct address. • Compare the original document on and scanned.
• For privacy reasons, you should to the copy that you have in
person. • In your logbook you may want
endeavour to delete every copy to note that you met the client
of the document received from via video-conference.13 TECH TIPS
What is a web browser?
Compiled by SARAH GILLARD
A browser is the software application (a program) that you use to search for, reach and explore web-
sites. Whereas Excel is a program for spreadsheets and Word a program for writing documents, a
browser is a program for exploring the internet, which is the origin of the term.
Browsers don’t get talked about much. A lot of called cookies. They are saved on your computer
people simply click on the “icon” on our com- for the next time you visit that site. Upon your
puters that take us to the internet. And in a way, return, the website code will read that file to see
that’s enough. Most of us simply get in a car and that it’s you. For example, when you go to a web-
turn the key - we usually don’t know what kind site and the page remembers your username and
of engine we have or what features it has, it just password – that’s made possible by a cookie.
takes us where we want to go.
Making your browser work for you
Functions
Know your browser. Look at the extreme upper
The role of the browser is to enable the user to left-hand corner of your screen. You’ll see the
view web pages and all their components, such name of your browser.
as documents, text, images, videos, audios, hyper-
links etc. It enables us to perform multiple activi- Get the latest version. Browsers are updated
ties, for example to: regularly, usually because computers and tech-
nology change fast. You can check what version
• send and receive emails of your browser you’re currently using by going
• access web pages and social networks to whatbrowser.org
• select and save your favourite pages Try a different browser. You can switch to an-
other browser at any time. It won’t affect your
• print documents computer and it will give you an idea of how they
are different.
• keep records of your activity
• store information in the cloud
Give it a try
• install applications.
Most people stick with the browser that came
A browser is a useful tool to address the most with their computers. Internet Explorer is a well-
varied activities of daily life, be it entertainment, known browser because it comes with virtually
information, socialisation, service payments or every PC. Safari is well known to Mac users (i e
access to bank information. Apple computers) because that’s the primary
browser on those computers. It’s admirable to be
loyal, but feel free to take this new information
Cookies and explore your browser choices. You never
Websites save information about you in files know what you might discover!
• Sourced from: www.mozilla.org, www.computertechreviews.com, www.whatismyipaddress.comNEWS 14
Association history a labour of love
By Rotorua & Districts association president CAROL BUCKLEY
An idea that goes back some 10 years has finally ing. “As registrar, I was as guilty as many other
come to fruition with publication of “The First 60 registrars of not recording everything!”
Years – A History of the Rotorua & Districts Jus-
tices of the Peace Association (Inc)”. Although there were no real surprises, Barry said
his research journey has highlighted the transfor-
Long-serving registrar Barry Gaylard originally mation that’s occurred in society over the years,
intended that our story be recorded in time for from a male-dominated environment to a more
the association’s 50th anniversary, but hosting balanced, even totally reversed situation that
regional and national conferences and work in now sees women in senior JP roles.
the judicial arena took priority.
Barry firmly believes that we must look at the
Since retiring from the registrar’s role in late past and see what has gone before us and where
2018, the extra spare time and Barry’s love of we have come from to identify how we arrived at
history and writing has enabled him to research, where we are now. He likens it to acknowledging
compile and publish this interesting record. He our whakapapa, with a Justice of the Peace asso-
calls it a labour of love that has brought him im- ciation lens. “It’s worthwhile for any organisation
mense satisfaction. to have a record of what they have done and
achieved.”
Barry admits that history can be very dry, and he
was conscious of this as he trawled through old Barry hopes that readers of the book can see
minutes and talked to older Justices who might what a rich history we have, and can acknowl-
have had stories to tell. edge that they are contributing now to the histo-
ry of future generations.
He chuckled as he talked about his biggest learn-
Hot off the press: Barry Gaylard
and Rotorua & Districts association
president Carol Buckley with Barry’s
history of the association.NEWS 15
Passion and professionalism
Terry Byrne was appointed a
Justice of the Peace in South
Canterbury in 2005 and moved
to Nelson a couple of years
later. It didn’t take the Nelson
Tasman association long to rec-
ognise his leadership qualities -
he was appointed to the council
and became a Judicial Justice
just one year later.
In 2012 Terry was elected
vice-president and in 2014 he
became our president. This was
a very auspicious year – it was
the 200th anniversary of Justice
of the Peace services in New
Zealand, and Terry represented
the area at the celebration cere-
mony in the Bay of Islands.
In 2016 he was elected Central
Regional Representative and
as if that wasn’t enough, also
took on the court panel manag-
er and judicial educator roles!
The judicial team benefited
from his leadership skills and
worked well together to pro-
vide high-quality service to the
courts.
Terry has impressed our organ-
isation with his passion and Terry Byrne with Nelson Tasman association president Anna Gully
commitment to professionalism,
and Accreditation, and Terry can ed and achieving professional
and his support for Accred-
take a lot of the credit for our Accreditation in the very near
itation. He championed the
Accreditation achievement rate future.
Accreditation process as our
Central Regional Representative of 80%. The association wanted
and conveyed the importance to thank Terry for both his
It was Terry’s dream to achieve
of education to our members. high-level representation in
mandatory Accreditation
That enthusiasm and vision the Federation and his leader-
rubbed off on our Justices – it during his term as Federation
ship at local level, and voted
was mentioned many times President, and it is extremely overwhelmingly to award him
when we canvassed members unfortunate that his tenure was life membership of the Nelson
about their view of the most im- cut short for health reasons. Tasman Justices of the Peace
portant areas for the council to Nevertheless, Terry has inspired Association. – Nelson Tasman
focus on. Their feedback zeroed us to work towards the goal of association president Anna Gully
in on professionalism, education all Justices being well educat- and registrar Roger ColeOBITUARY 16
Generosity of time and spirit
By ANNE WILLIAMS and MARTYN TURNER
Past Federation President Clive for the distinctive tweed jacket he wore at Saturday
Rae (left), who died on January sittings.
9 this year, was a Justice who Although eligible for a second year as association
served his commission with a president, Clive declined the nomination, so that he
generosity of time and spirit could accommodate his increasing Federation work-
and with great honour. load in areas such as increased jurisdiction, remu-
His dedication to careful preparation and correctness, neration for court duties, standardised association
no doubt heightened by his service in the Royal New education, the method of Justices’ appointments, and
Zealand Air Force, was immediately apparent in the government funding.
discharge of his duties as a Justice when he was ap- Clive was elected Federation President in 1993. The
pointed in 1981, and later as a Judicial Justice. job came with important responsibilities and consid-
Clive was elected president of the Wellington associ- erable travel, all performed with quiet determination
ation in October 1990. His first year was a busy one: and a clear vision of what he wanted to achieve for
he presided over seven lunch meetings, a Christmas JPs in the role. At the AGMs, where representatives of
function at Shell House with prominent lawyer Des the then 27 associations came together, he led with
Deacon, then president of the Wellington District Law foresight.
Society, as guest speaker; and a formal dinner at the A liaison formed with Australian JPs during a visit
Mitsubishi Centre, Porirua, with Judge Barry Kerr as to Australia resulted in his attending some of their
the guest of honour and speaker. There were also vis- meetings and hosting return visits by the Australians
its organised for Wellington JPs to Arohata Women’s to New Zealand. The ensuing formal links between the
Prison, the police college, the Porirua District Court Federation and Australian JP groups are now well-es-
and Mount Crawford Prison. tablished.
As a trainer, Clive was always ready and able to share Outside JP activities, Clive enjoyed his garden (in the
his extensive knowledge and experience. His training Wellington suburb of Karori), with special interest in
of newly appointed JPs was never taken lightly and his glasshouse, which was adapted for hydroponics
recognised as an important grounding in ministerial to provide fruit and vegetables year-round. He very
duties. much enjoyed travel with his wife Margery and they
Clive’s judicial focus was on the Traffic Court. An delighted in their children, nine grandchildren, five
expression he frequently used when presenting a deci- great- and two great-great-grandchildren.
sion was “it was there to be seen!” When presiding in Clive’s exceptional service as a Justice was recognised
this court he was generous when explaining court pro- by the honour of life membership of the Wellington
cedures to second JJPs, and he was also well-known association in 1996.
CROSSWORD ACROSS: 7 Quality of being easy to
1 1 2 3 4 1 They fell victim to Covid understand
5 Gorbachev’s glasnost eg 9 Small detachments of
6 Lose intensity troops
8 One who escapes by 10 Rushes someone into
5 6 7 stealth doing something
11 Humorously sarcastic 15 Ornamental plant
12 Ces hits it (anag) 17 Groove
8 9 10 11 13 Discoverer of logarithms 19 Charged particle
14 Brief or hurried look
16 God of love A N I C I S T I S T A T
18 Detailed examination
12
O A D U
20 One skilled in collecting E R O S A N A L Y S I S
18 and analysing numerical C L O I S
data N A P I E R G L A N C E
13 14 15 DOWN: N I A L N E
1 Fruit of the rose D T S E T H I C I S I
2 Move rhythmically to I A E A L D
16 17 18 19 music C R O N I I E L U D E R
3 Rockface sport R U B C E
4 Sticky substance C O O L O P E N N E S S
5 Compliance
20
O I A B
6 European country N G S I H A N D S H A KHUBBARD
CERTIFIED TRUE COPY OF A DOCUMENT
PRESENTED TO ME AS AN ORIGINAL
JP RUBBER STAMPS
Signed Prestige Print (1965) Limited
Date PO Box 9256, Wellington
Telephone 04 802 5471
#1 Size: (38mm x 14mm) Price: $27.00 #6 Size: (20mm x 20mm) Price: $35.00
How to Order
Certified true copy of a document
presented to me as an original For the fastest and easiest method order online:
www.prestigeprint.co.nz/jpstamps
Signed
OR Email your order and enquiries to:
Date merv@prestigeprint.co.nz
Full Name, JP OR Post with a cheque to address above.
#88888
#2 Size: (20mm x 20mm) Price: $35.00 WELLINGTON
Justice of the Peace for New Zealand Note: Fields below will be used for stamps
Full Name, JP #7 Size: (60mm x 40mm) Price: $55.00 #3/#4/#7/#8/#9
#88888 First Name:
WELLINGTON Certified true copy of
Justice of the Peace for New Zealand that represents the named individual Last Name:
#3 Size: (38mm x 14mm) Price: $27.00 JP Number:
Signed City:
Max Smith Date Delivery Address
Marriage Celebrant #8 Size: (70mm x 35mm) Price: $60.00
#4 Size: (38mm x 14mm) Price: $27.00
Certified true copy of
EXHIBIT NOTE that represents the named individual
This is the annexure marked “ “ referred to within the My Order: Stamp Total:
Full Name JP - Reg: 88888 - Wellington
affidavit/statutory declaration Justice of the Peace for New Zealand
Add - Shipping : $8.00
and sworn/affirmed/declared at
Signature Date
this day of 20 before me Total Owing
#9 Size: (70mm x 35mm) Price: $60.00
Signature
Internet Bank Payment to:
#5 Size: (70mm x 35mm) Price: $60.00 Prices include GST. Shipping flat rate: $8.00 Westpac 03 0558 0020633 00APPOINTMENTS
PURSUANT to section 3 (1) of the Justices of the Peace Act 1957, Her Excellency the Governor-General has been pleased to
appoint the following persons to be Justices of the Peace for New Zealand.
Baker, Nicola Anne, Otautau Stolwerk, Angela Christine, Waipu
Balila, Banjo, Queenstown Swindells, Ian Kenneth, Coopers Beach
Barroga, Jeorge, Oamaru Taylor, Irene Sonya, Lumsden
Bullen, Blayde Michael, Auckland Trinidad, Romeo Fiedacan, Waipukurau
Chunyu, Leon Robert, Auckland Tuck, Elizabeth, Auckland
Colvin, Geoffrey Trevor, Mataura Turner, Glenda Raewyn, Bulls
Das, Barin, Wellington Vester, Bernadine Josina Maria, Auckland
Davison, John Francis, Kaiapoi Wall, Fa’auileulaalemalelega Marina Luanna, Porirua
Dobbins, Belinda Jean, Stewart Island
Dwan, Thomas Cameron, Wellington Dated at Wellington
Edgar, Judene Louise, Nelson This 19th day of June 2020
Fong, Deborah Robyn, Whangarei Hon Aupito William Sio
Gardiner, Jonathan Patten, Hanmer Springs Associate Minister of Justice
Goodhall, Peter Richard John, Whanganui
Ho, Jeffery Khin Yin, Blenheim Airay, Paul John, Christchurch
Hopcroft, Wendy Anne, Gore Anderson, James Douglas, Ashburton
Humphries, Rebecca Jane, Waipukurau Benton, Boyd Trevor, New Plymouth
Hyde, Anita Lyall, Greymouth Clifford, Kevin John Harold, Ashburton
Johnston, Gordon Kenneth, Wellsford Cousins, Josette May Florence, Auckland
Kelly, Robyn Kay Florence, Whataroa Dougall, Nola Mary, Auckland
Khadka, Dinesh Kumar, Auckland Horrell, Maxwell Clarke, Gore
Kutty, Anupama Narayanan, New Plymouth Matafai, Simon Peter Tagiilima, Auckland
Lane, Frederick David, Auckland Moore, Simon Andrew, Christchurch
Lester, Anthony Robert, Paraparaumu Neville, Ann Lesley, Raglan
Liggett, Philip Andrew James, Kerikeri O’Neil, Thomas David, Otaua
Lin, Hao, Auckland Sidhu, Claudia Carolin, Auckland
Mattson, Sue, Auckland Singh, Harjit, Auckland
McCowatt, Tanya Anita, Waihi Singh, Gurbir, Hamilton
Mead, Graeme Murray, Hamilton Smith, Gillian Rosemary, Christchurch
Otto, Dorothy Maria, Paeroa Te Aotonga, Glenna Te Kirimatao Ratahi, Whakatane
Patel, Dipal, Invercargill Thornley, Anne, Wellington
Potter, Keri Merie, Tuatapere Vester, Allan Johan, Auckland
Prakash, Rattan, Upper Hutt Wallace, Nicola Elizabeth, Wyndham
Reti, Phillipa Janine Uru, Kawakawa Wallbutton, Paul John, Mauku
Richards, Kevin Lindsey, Auckland Waters, Justine Sarah, Auckland
Rivett, Adam George, Waimate White, Annalisa, Queenstown
Rolston, Lilian Rachel, Auckland Winterburn, Jodie Christine, Lower Hutt
Rughoonandan, Renee Sharon, Auckland Yi, Li-Jen (Eric), Auckland
Scott, Josephine Claire, Dargaville
Singh, Amrit, Pukeatua Dated at Wellington
This 30th day of July 2020
Singh, Harpreet, Papamoa Beach
Hon Aupito William Sio
Smith, Kelly Suzanne, Timaru
Associate Minister of Justice
THE NZ JUSTICES’ QUARTERLY
Published in January, April, July and October
Opinions expressed in this journal, whether editorially or by contributors, do not necessarily represent the views of the Royal Federation of New Zealand Justices’ Association (Inc).
Contributions on matters affecting Justices and their associations are particularly welcome, but all contributions are subject to the discretion of the Editor.
Contributors are requested to forward matter to the Editor, Geoff Davies 81 Warwick St, Wilton, Wellington, 6012, Phone 04-472-5566, email merlin81@xtra.co.nz, to reach him not
later than the last day of November, February, May and August to be available for publication in the upcoming issue.
Readers are requested to promptly inform the registrar of their local Justices of the Peace association of any change in their address. Numerous Quarterlies are returned marked “gone
no address”, “Redirection order expired” “Deceased” or “Not a box holder on rural delivery”, etc.
Published by the Royal Federation of New Zealand Justices’ Associations, typeset and designed by Word for Word, Titahi Bay, and printed by Beacon Print Hawke’s Bay.You can also read
