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Justices’
QUARTERLY
April 2018
FIAT JUSTITIA
RUAT CAELUM
Volume 87
Number 1
Welcome to
Christchurch!
PRESIDENT’S PAGE 1
Let’s all work together
N
gā mihi nui kia koutou katoa: tive regions. Pat Samson was elected to
Warm greetings to you all. both the Vice-President and Auckland
The Federation is an organisation Regional Representative roles. Pat’s ac-
with an unparalleled history in ceptance of the Vice-Presidency leaves a
New Zealand. That has previously been vacancy on the Board. Members will be
acknowledged when in 2014 Justices of duly notified once the vacancy has been
the Peace celebrated 200 years of service filled in accordance with constitutional
in Aotearoa. We are now reaching some provisions.
new milestones, with the Canterbury With a Board vacancy still to be filled,
association being the first association portfolios for the 2018-2019 year are yet
to celebrate its centenary. Established to be finalised. However, Cathy Hurst
in 1918, it was only fitting that their as- will hold the Judicial Education port-
sociation hosted the Federation’s 90th folio, Sheridan Hickey the Ministerial
Annual Conference and Annual General Education portfolio, Peter Osborne the
Meeting in Christchurch at the begin- website/communication portfolio and
ning of March. The organising commit- Pat Samson will continue to hold the Fi-
tee is to be congratulated on a wonderful nance portfolio.
Conference. I also look forward to working with and
It was with great sadness that in the lead- having the support of Federation staff
up to Conference we learned of the pass- members Tony Pugh, Sarah Gillard and
ing of Bill Saxton, who had previously Shinae Skelton who are valued and val-
served on the Board representing the uable members of the Federation team.
Southern Region. Bill was a dear friend The work they do ensures the Federation
to many and he will be greatly missed. meets its responsibilities in terms of the
Our condolences go to Meem and fami- Federation President Rachael O’Grady contracts to which we are party.
ly, and the North Otago association. Justices of the Peace are operating in
Conference proceedings were opened am proud to be part of the nation-wide a rapidly changing environment, with
by Minister of Justice Andrew Little, whanau of Justices of the Peace and to frequent changes to legislation and phe-
followed by an address by the Associate follow in the footsteps of my predeces- nomenal advances in the use of new
Minister of Justice with responsibility sors, whose vision, foresight and contri- technological systems and process-
for Justices, Aupito William Sio. Both butions through the years have steered es. While much has been achieved by
acknowledged the important contribu- the organisation in a responsive, meas- the Federation in the past few years, if
tion that Justices make in the community ured way. Their legacy is a great remind- we are to remain relevant in the envi-
in providing quality access to justice. Mr er of the responsibility I have taken on. I ronment in which we work, and grow
Little referred to Justices of the Peace as am looking forward to the coming year stronger and increase our sphere of in-
“local heroes” while Mr Sio spoke of and to ensuring that the crucial founda- fluence, we need to build on that pro-
the importance of Justices maintaining tions of our organisation stay strong. I gress in order to meet the challenges that
a level of competence. The new Board stand by my commitment to you all for come with change.
looks forward to engaging with Mr Sio Consultation, Communication and Ac- The Federation has a strong strategic fo-
as we explore workable mechanisms for tion. cus which shows we are an organisation
monitoring and enhancing competency After seven years of outstanding service strong on teamwork. That teamwork is
for all Justices of the Peace. on the Board it was time for us to fare- important if we are to remain a strong
As in previous years, Conference pro- well Immediate Past President Graeme organisation, relevant to its membership
vided a balance between dealing with Kitto. Graeme initiated much change, and credible to stakeholders as a key cog
Federation business and discussing and not the least being the concept of ac- in the justice system of New Zealand.
examining issues in the workshop ses- creditation and celebrating the diversity So let’s all work together to ensure our
sions. Business sessions provided an op- of our membership. We also bid farewell systems and processes are relevant not
portunity to reflect on the year that has to Central Regional Representative Ter- only to the new generations of Justices
passed, to celebrate our achievements ry Byrne, who has provided a great deal coming through but to all Justices of the
and to acknowledge the work that has of support to the National Office team Peace. Let’s all work together to ensure
been done. In the annual cycle of the around Ministerial Education. Thanks to all Justices of the Peace acknowledge
Federation work programme a lot has you both for your input, leadership and their responsibility to their community
been achieved in the past year. The most service. and are more accountable for their effi-
significant was the consultation process I look forward to working with the new ciency. Let’s all work together in meet-
involving all 28 associations as we un- Board, which took office at Conference, ing our vision of “Excellence in the pro-
dertook a full revision of our foundation and to having Denise Hutchins’ wisdom vision of accessible justice services”.
documents. That work culminated in the and knowledge readily available in her Ehara taku toa takitahi, engari he toa
adoption at the AGM of the new 2018 role as Immediate Past President. With takitini: My strength is with the group
Constitution and 2018 Policy. the result of the election at Conference not as an individual. No one can survive
Conference is also a time when we see for Central Regional Representative we alone.
a “changing of the guard” and so it was congratulate Sheridan Hickey on her Tēnā koutou, tēnā koutou, tēnā tātou
with a mixture of pride and awe, tem- election and welcome her to the Board. katoa.
pered by humility, that I commenced Cathy Hurst and Peter Osborne continue
my tenure as Federation President. I on the Board representing their respec- Rachael O’Grady
THE OFFICIAL JOURNAL OF THE NEWS 1
Time for changes
By GEOFF DAVIES, Quarterly Editor
AND ITS AFFILIATED ASSOCIATIONS The single main story in this issue an education resource which will
Te Kāhui Pou Whakatau Ture O Aotearoa is on the Federation Conference complement the manual and other
2018 in Christchurch, which education and training collateral.
EDITOR: GEOFF DAVIES JP included a change of Presidents,
Email: merlin81@xtra.co.nz from Denise Hutchins to Rachael Finally, starting this issue, we are
O’Grady, and of other Board posi- mounting a campaign to get (and
NATIONAL OFFICE: TONY PUGH JP tions. This coverage starts over the keep!) more advertising. There
PO BOX 5005 WELLINGTON
page. But there are also changes in will be more about this in the next
Telephone 04-918-8447 Fax 04-918-8034 the Quarterly. issue, but in the meantime, please
Email: registrar@jpfed.org.nz
Website: www.jpfed.org.nz
contact me if you have an adver-
ISSN 2382-12164 (print) First up, as you will have already tising lead, or an idea for one, in
ISSN 2382-1272 (online) realised, in keeping with the Board your area or community (by email
review of the magazine completed is best for this: merlin81@xtra.
FIAT JUSTITIA RUAT CAELUM last year we have a fresh new look co.nz) and I will follow up. At the
Let justice be done, though the which we hope will enhance both moment our base rate is $850 for a
heavens may fall our visual appeal to readers and full page and $500 for a half-page,
ease of uptake of our material. with other sizes calculated from
April 2018 VOL 87 No: One
those starting points. Discounts for
CONTENTS Second, in response to the feed- multiple insertions booked togeth-
back from the readership survey er are also available.
Conference 2018 2-4
which preceded the review, and
Education 5-12 which called for a larger education We hope you like what you see as
When gambling hurts 13 component, we have doubled you go through the issue and we’d
the Education pages, from four love to know what you think of
JP making the most of life 14
to eight in every issue: this section these moves (and any complemen-
Letters to the Editor 16 now runs from P5 to P12 inclu- tary suggestions) – again, an email
Crossword 16 sive, and you can easily detach to the above address is preferred.
Hubbard inside back cover
those pages from the magazine Thanks!
to put in a ring binder, building
Appointments outside back cover
Moving with the times
FEDERATION OFFICERS Readers have the option of receiving the Quarterly as a PDF rather than
Patron: The Rt Hon Dame Patsy Reddy GNZM a hard copy. To take up this offer please advise the office by email: ad-
QSO Governor-General of New Zealand ministrator@jpfed.org.nz.
President: Rachael O’Grady JP Telephone requests will not be processed.
Immediate Past President: Denise Hutchins JP • If you have already asked to receive the magazine electronically but
Vice-President: Patrick Samson JP you are still getting the hard copy, please advise the administrator.
Justices’
Northern Regional Representative:
Peter Osborne JP
Auckland Regional Representative:
TBA ON THE COVER: Minister of
Central Regional Representative: Justice Andrew Little and
Sheridan Hickey JP Canterbury association
Southern Regional Representative: QUARTERLY
FIAT JUSTITIA
RUAT CAELUM
Cathy Hurst JP president BJ Clark at the April 2018
Honorary Solicitors: Buddle Findlay
Volume 87
Federation Conference Number 1
National Manager and Registrar: opening ceremony in
Tony Pugh JP MBA BBS ACA
Professional Development Advisor: Christchurch on March 2.
Shinae Skelton BA LLB Picture: GRAEME BARBER
Administration Officer: Sarah Gillard BCA
Editor, NZ Justices’ Quarterly:
Geoff Davies JP
2 CONFERENCE 2018
Conference in Christchurch marks
Canterbury association centennial
The 90th Annual Conference and Annual
General Meeting of the Royal Federation
of New Zealand Justices’ Associations Inc
was held in Christchurch over the weekend
of Friday March 2 – Sunday March 4. The
Canterbury association hosted the event,
marking 100 years since the association was
established.
Proceedings began at midday on Friday with a pow-
hiri. Delegates were welcomed to Christchurch and to
the Conference by local kaumatua, with Immediate
Past President Graeme Kitto responding for the Fed-
eration. Lunch followed, giving delegates and hosts
the first of many opportunities to mix and mingle and
for many, to greet old friends.
The remainder of Friday afternoon saw delegates split
into the separate presidents` and registrars` meet-
ings, followed by four regional meetings facilitated by
regional representatives. Issues specific to each group
were raised in these meetings and information shared New Federation President Rachael O’Grady with Associate
between associations and individual delegates. Justice Minister Aupito William Sio.
Friday evening saw the formal opening with speeches perience on the bench, providing insight into the im-
of welcome from BJ Clark, the president of the Can- pact of modern technology on the process of justice,
terbury association, and Christchurch deputy mayor and those that serve and are served by that system.
Andrew Turner JP on behalf of the city. Federation His thought-provoking and interesting address pro-
President Denise Hutchins thanked both speakers vided the delegates with an excellent start to the day.
and introduced Minister of Justice Andrew Little and
Aupito William Sio, the Associate Minister of Justice. Later in the morning the delegates had the pleasure
of welcoming Chief District Court Judge Jan-Marie
Both Ministers spoke of some of the challenges facing Doogue. Judge Doogue, a regular guest at Federa-
the justice system and their plans to address them. tion Conferences, took a different approach in her
One of Mr Sio’s delegations is responsibility for Jus- speech by sharing with the delegates a week in the
tices of the Peace, and he spoke of the importance of life of the Chief District Court Judge. From meeting
Justices maintaining competence in their roles once with the Chief Justice to discuss judicial matters, to
appointed. Both Ministers thanked Justices for their travelling to Australia to discuss matters of common
contributions to their communities and to the main- interest and challenges with her Australian counter-
tenance of justice in New Zealand. Both Ministers parts, to delivering judgment in a long-running case
were thanked by Federation Vice-President Rachael before the court, and everything in between, her
O’Grady. week was packed full, ending with her attendance at
The AGM on Saturday morning was preceded our Conference. Chief Judge Doogue extended her
by guest speaker Judge Lester Chisholm. Judge thanks to all Justices of the Peace and congratulated
Chisholm, the patron of the Canterbury association, the Canterbury association on their centenary. South-
spoke of challenges facing the justice system now ern Regional Representative Cathy Hurst thanked her
and in the future. His address covered three areas: the for her informative and insightful address.
internet, legal aid and the right to a fair trial. Judge Between and after these addresses the delegates
Chisholm spoke eloquently from his considerable ex-
CONFERENCE 2018 3
Southern
Regional
Represent-
ative Cathy
Hurst
leads a
workshop.
got down to the business of the AGM. Following the A vacancy for the Auckland Regional Representative
usual format of receiving the Board’s Annual Report, following Pat Samson’s election as Vice-President, will
considering remits, fixing charges and levies and be addressed with urgency by the Board according to
receiving the formal invitation from the Marlborough the Constitution and in consultation with the Auck-
association to attend the 2019 AGM/Conference in land association. Immediate Past President Denise
Blenheim over March 1-3 2019, the AGM efficiently Hutchins completes the seven-member Board.
completed its business.
Following the completion of the AGM business
Two key areas of Federation business were considered session on Saturday afternoon, and again on Sunday
and approved by associations during the business morning, delegates broke into workshops. The work-
sessions: the revision of the Federation Constitution shops, facilitated by Board members, were aimed at
and Policy. providing delegates with the opportunity to look at
some key issues in depth and share knowledge and
Rachael O’Grady, who led the two-year consulta-
information.
tion process on the Federation’s foundation docu-
ment, presented it to the meeting, and associations The topics covered were complaints, privacy and
approved the new Constitution with only minor engaging members of associations to become ac-
amendment. Denise Hutchins presented the revised tive in both Accreditation and association activities.
policies for approval. Feedback from associations had A one-off workshop for newly elected association
previously been sought and received, and again with presidents and registrars was held on Saturday after-
minor amendment the policies were approved, as was noon. Facilitated by national manager Tony Pugh and
a three-yearly cycle of review. Federation administration officer Sarah Gillard, the
feedback indicated that this was appreciated by those
The AGM considered six remits. These were published
that attended.
in the January edition of the Justices’ Quarterly.
Following thorough discussion three were carried Those who accompanied their partners to Conference
and three were lost. These will be covered in the next had the option of participating in the Partners Pro-
edition of the Quarterly. The election of officers for gramme on Saturday. Organised by the local associa-
the 2018-19 year was confirmed: President Rachael tion, participants were collected at 9am and returned
O’Grady; Vice-President Pat Samson; Northern Re- in the late afternoon after a diverse day which includ-
gional Representative Peter Osborne; and Southern ed visits to a market, an historic house and a variety
Regional Representative Cathy Hurst. of other interesting places. Feedback from the partici-
pants indicated that a great day had been had by all.
Two Justices had been nominated for the position
of Central Regional Representative, and after two Saturday evening was the occasion of the formal
ballots before the AGM, the region was tied. As per dinner held at the Conference venue. Delegates and
the Constitution the AGM voted in a secret ballot. their partners were entertained by representatives of
As a result Sheridan Hickey, a member of the Central the Malvern School of Music and enjoyed an evening
Districts association, was elected as Central Regional of good food and great company. During the evening
Representative. the new President was installed with Rachael re-
4 CONFERENCE 2018
ceiving the chain of office from appreciated the advance
Denise. information.
Sunday morning started with a The AGM closed with
church service at the Christchurch farewells to two retiring
Transitional Cathedral, a short Board members, Past Fed-
walk from the Conference venue. eration President Graeme
Well supported by Justices and Kitto and Central Regional
their partners, the usual 8am con- Representative Terry Byrne.
gregation was swelled considera- President Denise thanked
bly. Both the local and Federation Immediate Past President
presidents processed in with the Graeme for his many years
clergy and each participated by of service to the Federation.
giving a reading. She also thanked Lalita Hari,
Rachael O’Grady welcomes new Central Region- Graeme’s wife, for her un-
After the second round of work- al Representative Sheridan Hickey to the Board.
failing support of Graeme in
shops the AGM reconvened to
his work as a Justice of the
complete the business of the
Peace and Federation rep-
meeting. A vote of thanks to the
resentative. Vice-President
South Otago association was pro-
Rachael thanked Terry and
posed by Past Federation President
his wife Helen. Rachael then
John Falconer. South Otago had ter-
moved a vote of thanks to
minated its membership of the Fed-
the Canterbury association
eration during the past year because
for hosting the 2018 AGM/
of low membership and difficulty
Conference and wished
finding office-holders. The associa-
them well for their cente-
tion has had a close working rela-
nary celebrations, which will
tionship with the Otago association,
be held in July this year.
for education purposes, and had
amalgamated with them. Carried The final act of the AGM/
by acclamation, the vote of thanks Conference was the formal
was in recognition of the service the handover of the chain of of-
association and its members had Outgoing Immediate Past President Graeme fice from Denise to Rachael.
provided over many years. Kitto with his wife, Lalita Hari and successor Rachael presented Denise
The convenor of the 2019 National Denise Hutchins.
with flowers and an RFNZJA
plaque. She wished the del-
AGM/Conference, Kate Bristed,
egates a safe journey home and said she was looking
and Marlborough association organising committee
forward to the coming year. Her theme for the 2018-
member Past Federation President Gavin Kerr, then
19 year would be “Let’s all work together”.
made a presentation about the delights that await
those who attend next year’s event in Blenheim. With • Thanks to Kevin Geddes for his assistance with this
warnings to book accommodation early due to other article and to Graeme Barber for the pictures.
events being held at the same time, associations
Entertainment at the formal dinner was provided by a group from the Mal- Keynote speaker Chief District Court Judge
vern School of Music. Jan-Marie Doogue.
EDUCATION – April 2018 5
From the Professional
Development Advisor
“What is the use of a book, without pictures or conversation?”
– From “Alice in Wonderland” by Lewis Carroll
Shinae Skelton
You can read and re-read the Justice of the Peace Accreditation. If you do all of this, then you’re
manual until you are able to recite it by heart, well on the way to becoming an expert.
but this is no substitute for observing a Justice in
action or for an in-depth conversation with your The manual, as comprehensive and precise as it
colleagues. aspires to be, cannot address every circumstance
that you may encounter as a Justice of the Peace.
Learning is acquired through more than reading. Our clients and their needs vary incredibly. The
It involves experience and interaction (among organisations producing the documents that
other things). I discovered this myself when, appear on your desks are inconsistent in their
faced with questions from Justices of the Peace, I practices. Your Keeping Up To Date sessions are a
felt ill-equipped to answer with only the manual great way to track recent changes and to discuss
for reference. Having discussions with Justices personal experiences with fellow Justices.
that know their stuff, and watching several of
you in action, has bolstered my confidence. I’ll endeavour to practise what I preach. I’ve had
the pleasure of meeting many of you at Confer-
The trick is not to substitute one form of learning ence and will be attending training sessions and
for the other, but to engage in all of the learn- seminars throughout the year. I am especially
ing opportunities that come your way. Read looking forward to meeting those attending this
the manual, observe others, attend the training year’s Ministerial Educators’ Seminar in May.
sessions and challenge your knowledge through
6 EDUCATION – April 2018
Certifying identification documents
for financial institutions
By now, you should all be well acquainted
with the impact of the Anti-Money Launder-
ing and Countering Financing of Terrorism
Act 2009 (AML/CFT) on your role as a Justice
of the Peace. You are, on a more frequent
basis, required to certify identification doc-
uments as copies and you must do so in a
specific way.
The AML/CFT creates a legal requirement for “re- and date the document and provide their name
porting entities”, such as banks and other finan- and their capacity to act.
cial institutions, to conduct “customer due dili-
gence”. This due diligence involves verifying the One notable aspect of this process of which
identity of the customer. Appropriate forms of many of you will be aware is that neither the
identification are listed in the Amended Identity Code nor the Act prescribe wording for certifi-
Verification Code of Practice 2013. You can find cation. Trusted referees must use the wording
this Code by searching for it on your internet required by the reporting entity for whom they
browser or searching the fma.govt.nz website. are performing certification.
When the customer wishes to use a document Your responsibility as a trusted referee is to check
to prove their identity, such as a New Zealand that the identity of the person presenting the
passport, verification must occur either through document to be certified matches the person
face-to-face contact with the financial institution named in that document. In some cases, the
or through certification of the document by a customer may present more than one document
“trusted referee”. of identity and not all the documents will have a
picture.
Justices of the Peace are listed as trusted referees
in the Amended Identity Verification Code of If a customer asks you to certify a copy of
Practice 2013. Commonwealth representatives, non-photographic identification you need to
police officers, registered medical doctors, kau- consider to what extent you are happy to certify
mātua, registered teachers, ministers of religion, that the document “represents the identity of
lawyers, notaries public, New Zealand honor- the named individual”. “Represents the identi-
ary consuls, Members of Parliament, chartered ty” is not defined by the Act - it is up to you to
accountants and those with authority to admin- decide whether the non-photographic docu-
ister oaths are also considered trusted referees ment satisfies this. The Code requires non-pho-
under the Act. tographic documentation to be accompanied by
photographic documentation, such as a pass-
Trusted referees must sight the original docu- port. This should reassure you of the name and
ment, make a statement to the effect that the appearance of the client.
documents provided are “a true copy and repre-
sent the identity of the named individual”, sign
EDUCATION – April 2018 7
Coping with the AML/CFT
Act requirements
Always ask why the client needs a certified copy of identity document.
A client may simply ask you to certify the document without realising there are specific in-
structions a certifier must follow if the document is for a financial institution. If you certify
the copy in the “usual” way, the client will be inconvenienced if the business rejects the docu-
ment.
This is not a legal requirement but a common-sense step that aids all involved.
Remember there are two steps – Is this a rep- Read the instructions and follow them.
resentation? Is this a copy?
• Each institution will have its own wording and
An obvious requirement for step one is the need is unlikely to accept certification of a docu-
for the client to be present. ment that does not adhere to its instructions.
Remember where liability lies. • If you are meeting the client by appointment,
ask them to bring the certifying instructions
• The Code is clear that your role is to check that with them. Banks make these available online
the documents represent the client and to or include these in the document.
certify that the documents provided are true
copies of the original. • If you or the client do not have the instructions
at the time, one of you may be able to search
• If the client presents a document to you and for these online.
falsely claims this is an original, they are liable
for the false representation. • The bank may have instructions regarding
how the documents are to be copied, such as
• You are trusted as a referee to compare the both sides of a driver’s licence on to one A4
presented original to the copy and the client sheet. These instructions should be followed.
to the documents.
• Do not be alarmed if the prescribed wording is
• If the financial institution and the AML/CFT different from what you are used to.
Act required professional verification of the
document as a true original, then appropriate Keep a good logbook.
persons would be listed as trusted referees.
• Banks often contact the Federation to check
• Justices of the Peace are trusted to perform that the certifier is indeed a Justice of the
this role not because they are expert docu- Peace. Banks may likewise call upon you to
ment fraud investigators. Rather, Justices of confirm you certified documents for a specific
the Peace are trusted to do their due diligence client. Contacting you may be necessary to
to only certify copies that are, to the best of ascertain whether a customer fraudulently
their personal and reasonable knowledge, an presented identifying documents. It is helpful
original document. to be able to refer to your notes if the certifica-
tion occurred some time ago.
• So long as you do your due diligence, you have
performed the functions of a Justice of the
Peace well.
8 EDUCATION – April 2018
Dealing with
overseas
documents
If you are asked to certify a document or take a statutory declaration
for an overseas institution or organisation, think thrice.
First, are you sure you have jurisdiction? Second, are you sure of the wording required?
• Discuss with the client whether you have juris- • Institutions may require specific wording from
diction. It is the client’s responsibility to know you for a certified copy or a statutory declara-
this. Often clients will have made inquiries as tion that is unusual in New Zealand.
to who in New Zealand can certify the docu-
ment or take their affirmation. • Do not change this wording as it may be pre-
scribed by law.
• Check the document and guidelines. Some-
times the instructions will specify who has Third, are you sure you have written
jurisdiction when the client is in a foreign everything you need to?
country.
• Sometimes dating and signing the document
• Check the organisation’s website. Clients often and writing your number and “Justice of the
have smartphones and can search online. If Peace” is insufficient.
you have access to a phone or computer you
may also search, but this is an optional • Some organisations require the certifier or the
courtesy. person taking the declaration to provide their
contact details. If you are uncomfortable pro-
• You may need to ask the client to ring or email viding your personal details, you are welcome
the agency before proceeding. to use the Federation address and phone
number.
• Is this an Australian statutory declaration?
Whilst some Australian organisations allow • Instructions for you to provide your “occupa-
New Zealand Justices to take declarations (and tion” are not requesting your employment
this may be stated on the form), New Zealand status. Occupation relates to the role through
Justices do not have jurisdiction under the which you have jurisdiction to certify a copy
Australian Oaths and Declarations Act. or take a statutory declaration. Write “Justice
of the Peace for New Zealand”. (Confusion
• If you do not believe you have jurisdiction, ad- abounds when a Justice of the Peace writes
vise your client to contact their local embassy “retired”!)
or high commission or to contact the organisa-
tion they are dealing with.EDUCATION – April 2018 9
Certificate of identity or refugee
travel document applications
You may have seen this De-
partment of Internal Affairs
document before. Section 6
of the application requires
the applicant to make a
statutory declaration.
This application also re-
quires a person with a New
Zealand passport who has
known the applicant for at
least one year to complete
the Witness Section of the
application. The witness
must sign and date the
applicant’s passport pho- For those who think they have it sorted, here are
to, provide their contact a few expert-level certified copy questions:
and passport details, and
1 Can I certify a copy if a corner of the original is cut off?
declare that the applicant
is the person in the photo-
2 Can I certify a printed transcript of an online bank state-
graph. ment if the format of the printed copy is different from the
webpage?
Should the applicant sub-
mit the document without 3 Can I certify a document as a copy if it is smaller/larger
completing the Witness than the original?
Section, the Department of
Internal Affairs writes a let- 4 Can I certify a document as a copy if it is in black and white
ter to the applicant. This let- but the original is in colour?
ter suggests the applicant
use a “Lawyer, Registered 5 Do I only need to certify once if there is more than one
Medical Practitioner, Mem- copy on the page (such as the front and back of a driver
ber of Parliament, Justice licence on one page)?
of the Peace, Kaumatua or
6 Can I certify a photograph of a car as a true copy of the
Government Officer” if the actual car?
applicant is unable to find a
suitable witness. 7 Can I certify a copy of a passport as the client’s likeness
when they only bring their driver licence?
If you are asked by an ap-
plicant to act as a witness in 8 What should I do if there is no room on the page to place
this application, please note my stamp?
that you are still required to
have known the applicant • Answers on P11 (and thanks to the Waikato Ministerial
for at least 12 months. Educator who peppered me with many of these questions)10 EDUCATION – April 2018
Affidavits: getting it right
Are you an expert in taking affidavits?
Hopefully you don’t make any of these common mistakes with
affidavits for dissolution of marriage applications . . . .
The applicant is ineligible to apply.
• A marriage must have broken down irreconcilably and the couple must have been living
apart for two years.
• Refer to section 39 of the Family Proceedings Act 1980.
The documents are printed double-sided.
• Family Court documents must be printed single-sided.
• Refer to Rule 65, Family Court Rules.
Missing initialling on pages prior to jurat.
• Both the applicant(s) and the Justice of the Peace must initial pages prior to the jurat.
• Refer to Rule 158, Family Court Rules.
Incorrect marriage certificate attached as an exhibit.
• Often applicants will bring a “Copy of Particulars of Marriage” instead.
• The applicant needs to apply for a marriage certificate from Births, Deaths and Marriag-
es.
Copy of the marriage certificate is not certified.
• If a photocopy of a marriage certificate or separation order is to be used as an exhibit,
these must be certified as true copies.
• A written separation agreement does not need to be a true certified copy.
Exhibits/annexure not properly noted.
• As per the Ministry of Justice application form, a copy of the marriage certificate is an-
nexed and marked A.
• Annexure B will be evidence relating to separation.
• See Rule 159 of the Family Court Rules for guidance on noting exhibits.EDUCATION – April 2018 11
Certified copies – the answers
When you are asked to certify a copy, bear in mind the purpose of the task.
Rather than requiring clients to hand over precious original documents, or-
ganisations have indicated they will be satisfied with a copy of that informa-
tion.
However, organisations want to be certain that the information they receive from clients is just as
reliable as looking at an original. There are two elements to this. First, is the document that has been
copied a genuine document? Clients who present a document to you as a genuine original are liable
if this is not the case. The second element is whether the information in the copy matches the infor-
mation in the original. This is what you are certifying.
1 So long as the elements that make the doc-
ument identifiable as a true copy and the
information the organisation is interested in is
included, it should not matter if a corner of a
document is missed during photocopying. If a
copy does not include a blank corner with no
writing, this does not prevent you being able
to verify that the information on the original
and the copy match. Also consider whether
that missing corner could be doctored after
certification.
2 Is the substantive information the same be-
tween the statement and the web page? This
is all the organistion is interested in. Check shouldn’t be a problem. If the images are set
that the name, dates, account number, bank far apart, you may need to certify twice.
name, transactions and any other information
unique to the statement are included in the 6 No, you cannot. It is not a true copy, simply
copy. a 2D image of a 3D object. Perhaps have the
client make a statutory declaration that the
3 Yes. A change in size does not matter so long image is a genuine photograph taken of the
as the information contained in the copy car in question.
matches the original.
7 No, you cannot. Without having seen the pass-
4 Some organisations require copies, such as of port, you are unable to certify that the docu-
a passport, to be made in colour. If the organi- ment is a true copy of the original.
sation does not specify, then a black and white
copy is acceptable. 8 You can place your stamp or writing over
the top of the image/writing contained in
5 When you certify, you should seek to have the copy. Find a section that doesn’t contain
your stamp/the writing overlap or sit very substantive information. If the page is entirely
near the copy. If in a copy of both sides of a taken up by the copy, you may need to ask
licence they are close enough on the page for the client to produce a copy with more space
you to achieve this effect in one go, then there available.12 EDUCATION – April 2018
Flexible thinking: rising to new challenges
Buried in chapter 4 of your manual is a paragraph that I like to refer to when peo-
ple approach me with questions. This paragraph, found in 4.1, outlines the key
skills a Justice of the Peace is expected to possess. One of these skills is the ability
to think flexibly. Do you think you fit the bill?
How can you improve
your flexible thinking?
Studies have demonstrated that walking
boosts “novel idea generation” not only
during the walk itself but when sitting down
afterwards. If you have a conundrum, walk
around the block with it. Read Oppesso and
Schwartz’s “Give your ideas some legs: The
Flexible thinking is a form of creative problem-solv- positive effect of walking on creative think-
ing. It entails the ability to look at an issue from ing” in the Journal of Experimental Psycholo-
more than one perspective and adapt the knowl- gy for further information.
edge you possess to novel situations. Flexible think-
ers can roll with the punches and rise to challenges. The United States military have created im-
A new situation is a learning opportunity for them. mersive computer game simulations intend-
ed to engage special forces officers’ critical
As a Justice of the Peace you don’t need to be in and adaptive thinking skills. Brainstorming
constant problem-solving mode. There are com- hypothetical scenarios and solutions may be
monplace elements of the role that are clearly useful at your next KU2D. Read Raybourn,
prescribed by law and don’t require much creativity Deagle, Mendini and Heneghan’s 2005 ITSEC
at all. conference paper entitled “Adaptive thinking
Flexible thinking is appreciated when operating and leadership simulation game training for
in those gray areas – when you’re asked to sign a special forces officers” if this interests you.
document you’ve never seen before, when you’re
working with a client who has specific needs, when Encourage a culture of flexible thinking
the manual doesn’t directly cover the situation be- during learning sessions. When discussing
fore you. In situations such as these, flexible thinkers creative solutions to problems with fellow
are able to take what knowledge they possess and Justices, allow people to offer ideas without
adapt this information to fit these new circumstanc- criticism. Challenge each other’s assumptions
es. but allow sessions to be lighthearted and full
of humour. McFadzean explains the dynamics
For example, the manual guides Justices in how of workplace creativity further in “Enhancing
to serve visually impaired and illiterate clients, but creative thinking within organisations” pub-
what about taking affirmations or oaths from cli- lished in the Management Decision journal.
ents with impaired hearing or speech? The manual
indicates that Justices are unable to take Australian Knowledge and expertise is an important
statutory declarations, but what about Canadian grounding from which you can be flexible.
statutory declarations? The more information you are in possession
As much as we try to ensure the comprehensiveness of, the more resources you have at hand to
of our manuals and practice guides, situations will adapt to novel situations. Do your best to
always arise that we did not anticipate. This is where know the basics in preparation for when am-
flexibility of thinking is invaluable. biguous situations might arise.FEATURE 13
When gambling hurts
By PAULINE HEWSON
At the annual dinner of the Pokies account for 80 percent of • being evasive about money or
Ashburton association, the guest the money and problems associ- gambling.
speaker was Ritchie Stewart, the ated with gambling. Ashburton
Professional help and support is
gambling caseworker for the alone has 135 machines and $6
available from the Salvation Army
Salvation Army Oasis Programme. million is spent there annually. Of
Oasis Programme, the Problem
He delivered a very thought-pro- that, only $2 million comes back
Gambling Foundation and the
voking summary of his work and to the community.
Gambling Helpline.
presented several alarming facts
and statistics. Ritchie points out that pokies are
The Salvation Army offers free,
psychologically engineered to
confidential counselling by
There are many ways to gamble, promote addiction:
qualified staff. They will help the
as we all know – casinos, pok- • they are situated in windowless person concerned to:
ie machines, at the TAB, Lotto, rooms
scratchies, housie, telephone and • understand the underlying
internet betting. For most of us, • the actions are repetitive
reasons contributing to harmful
this is all a harmless bit of fun. • they convert money to credits gambling
Brett Anderson, spokesman for and have free offers
the Christchurch Casino, says that • they have bright flashing lights • develop strategies to reduce
“the prime reason for gambling is and sounds of excitement. harmful gambling behaviours
to have fun – it has to be enjoya- • tackle related issues that may
Nationally pokies draw nearly
ble”. also cause harm or damage
$845 million out of the pockets of
Gambling, however, becomes gamers. • have a productive, healthy life.
more than this for many. It be-
In many areas this is causing con- The Oasis Programme offers
comes an addiction – the desire
cern. budget advice, on-going assess-
to partake starts to interfere with
normal life, and causes harm to So how do we know when some- ment, crisis intervention, couple
the gambler and others. The com- one close to us has a problem? counselling and family therapy.
pulsive gambler needs to gamble, The Salvation Army programme Recovery from a gambling addic-
needs excitement or a chance to lists the following signs as a guide. tion is not easy. It involves hard
escape reality.
• losing more money than you work, honesty and total commit-
Kiwis are spending $5.5 million can afford ment. It is like re-teaching the
every single day, throughout • lying about where the money is brain. Talking about it with the
the country, on gambling. And going right people is the best way to
one person in 40, nation-wide, overcome addiction.
• borrowing money to gamble, or
is affected negatively by others’ pay debts If you or anyone you know needs
gambling. In a town the size of
• using money meant for house- help, be assured it is available.
Ashburton that equates to 830
hold bills and food to gamble Removing their addiction is about
people (and Ashburton is actually
• craving a “high” from gambling getting a life back.
below the national trend).
Alistair Morrison, Salvation Army gambling
caseworker Ritchie Stewart and Ashburton
association president Richard Johnson at the
association’s annual dinner. Alistair proposed
a vote of thanks to Ritchie after his speech at
the dinner and presented him with a copy of
“Reading the Riot Act”, the bicentennial history
of JPs in New Zealand.14 FEATURE
Drawing on all that life has to offer
Life is an adventure so let the adventure begin . . . third-generation Justice and Defence
Force chaplain JANIE McPHEE believes her responsibilities as a chaplain, as a Justice, and in
her personal life are inextricably linked.
From a young age I made a also consider the privilege
commitment to myself that of this call.
I would enjoy life and em-
brace all that it embodied. Since becoming a Justice
I’ve felt that each of my
I have lived life as an adven- working roles has been
ture. Since joining the Air complemented, and often
Force I’ve walked, run, and the organisation and wider
pack-marched with troops community also benefits. I
in all terrains and thigh- was a funeral director and
deep snow, launched embalmer at the time of
myself out of an Iroquois becoming a Justice, and in
helicopter and flown in more recent years have also
many different military become an ordained minis-
aircraft, dug shell-scrapes ter.
(shallow holes in the
ground to protect troops Since 2010 I have been a
from gunfire), slept under chaplain in the New Zealand
the stars, under a hoochie Defence Force. Being a Justice
(tent without sides) and in the NZDF is a huge asset
in gun pits. and complements our roles as
chaplains. We currently have
Regardless of what be- five serving NZDF chaplains
falls me I have tried my across the Navy, Army and
hardest to look at the Air Force who are Justices. All
world not as it presents, of us embrace our roles not
but draw on all it en- as separate entities but as a
compasses. At the core combined complement.
of my attitude towards life is my faith, my heart for
God, and for people. It’s this combination that has led The role of chaplains in the military is often misun-
me to my journey and calling as a Justice of the Peace. derstood. The misconception is that chaplains are
only helpful if you have a “religious” issue. Our role is
I can still remember the question I was asked by the actually multi-faceted and multi-disciplinary. Military
local MP in 2003: “So what drives you to be a Justice chaplains are available to NZDF personnel 24/7, and
of the Peace?” Without hesitation I replied that I not only do we conduct the usual church services,
wanted to help and support my community. Maybe weddings and funerals but we are also involved in
this seemed too much of a cliché as it prompted him a myriad of ceremonial duties such as prayers on
to dig further. parade, memorial services, Anzac Day services and
blessings.
“So why do you really want this?” With sweaty palms
and a lump in my throat it felt like I was being tested! We are involved in teaching and designing learn-
I laugh now but I was actually genuine in my vision ing packages, providing advice to commanders and
for this new adventure. I come from a family of Jus- managers, and we participate in field exercises and
tices. Growing up I was influenced by the examples deployments. We have a key role in monitoring mo-
set by my mother (Shirley Solly, a Queensland Justice) rale - we are confidants and we are counsellors. To try
and her late father (Frederick Hensman Justice Rtd) as and explain every hat we wear would require a book!
they proudly embraced this office. As a third-genera- (But if you’re interested in knowing more about who
tion Justice I wanted to carry this legacy on with hon- we are and what we do, please feel free to check out
our and pride, and perhaps one day my children will www.nzdf.mil.nz)FEATURE 15
My life has certainly been an adventure since join- in the Royal New Zealand Air Force, and continues
ing the military. As a Defence chaplain, relocation to to be a wealth of wisdom and knowledge, who I can
other service camps and bases on a two-yearly cycle is faithfully lean on. Our three adult children each now
common, and my experience and skill base is con- have their own career paths, of which I am immensely
stantly developing and widening. I have to date been proud. Without them I would not have been able to
away on an exchange programme with the British commit to my adventures. Their incredible love and
military, spending almost five months learning and support has been a rock for me.
understanding chaplaincy from their perspective. I
have had the privilege of leading Anzac Day services My roles as wife and mother, as a chaplain in the
in London in Hyde Park and at The Cenotaph, and NZDF and as a Justice are positions of trust and
participating in the 2012 ceremony at Westminster authority. All incorporate the ability to connect with
Abbey and St Paul’s Cathedral with members of the people to help and assist regardless of who they are,
Royal Family present. where they are from and what they might have done.
People are people and when they need our help we
I have travelled with the British Army throughout are there, as family, as a chaplain or as
the Western Front bat- a Justice of the Peace.
tlefields in Europe, trans-
forming my rather limited Someone asked me, where is God in all
view of the effects of war, of this? In most faith-based systems,
a heart-wrenching and free will exists. Our God has given us
life-changing experience. I free will and the power to exercise it.
was taken to the British mil- Humanity has been in conflict with
itary hospital where current each other from the very beginning
service personnel are taken and free will is a driving factor in why
after being wounded. The humanity does what it does. War,
impact of this current war terrorism and resulting tragedies
is horrific; the undulating are an extension of that free will.
effects of suffering and death The simple answer to the question
ricochet throughout families is that our Creator is with us in all
and wider communities. things. He guides and He directs
if we will allow Him, and He can
At this point, I must make guide towards reconciliation. There
mention of my husband who is always hope in peace and unity,
has faithfully supported my and my adventures will continue
adventures over the 30 years as I choose to allow Him to direct
of our relationship, and who my paths towards that end.
has also served in the NZDF for
over 30 years. He is still serving
as a Command Warrant Officer16 LETTERS TO THE EDITOR
Unhelpful and inaccurate Service desks the answer
I refer to the sentiment expressed by Mike In response to Mike Leyden (When is a JP not a JP?, Volume
Leyden (When is a JP not a JP?, Volume 86 No 86 No 4, January 2018), there might indeed be Justices who
4, January 2018) that if an older Justice has lost are older and who are “hiding behind the honour of his/her
the will or desire to serve the community he/ warrant”.
she should retire.
However, I don’t think this is the reason that people might
Generalisations such as this are not helpful. Yes, have difficulty finding an available Justice. I am often told
I am sure that all of us have been told by a cli- that I am the third or fourth or even 15th Justice people
ent that they are the third or fourth Jusice that have called.
has been approached to get a job done.
The reason in most cases is that clients expect to see a Justice
Yes, I am an elderly Justice (I have been a Justice either immediately, or that same day, and they cannot find
for nearly 40 years) and have had to turn away such a Justice. Their reaction is often one of surprise that the
clients at times. On Monday one recent week JP is not immediately available and that they are expected to
I received five phone calls within two hours make an appointment at a mutually convenient time.
requesting a JP service. I had to turn all of these
Part of the problem seems to be that we live in an “instant
requests down: I wasn’t feeling the best, having
world” and people tend to leave things to the last minute,
just been released from the hospital after a
expecting that others will also live their lives hour by hour.
three-hour operation on the preceding Friday.
I had also done a Citizens Advice Bureau duty Mike also says that some Justices have an “irrational fear” of
(which included some JP work) that morning. clients coming to the house – that they might be “casing the
joint”. I have just turned 70, and I live with my husband who
I would add that two years ago I was awarded
is often out when clients come. I always make sure I close off
the top accolade in my profession for service to
the rest of the house when I see members of the public and I
the community which included as a Justice of
try to keep my availability to daylight hours. I consider this to
the Peace.
be prudent, rather than an “irrational fear”. We have been
I, and I am sure others, take issue with Mike’s broken into on more than one occasion.
comment that if “an elderly JP insists on hiding
Yes, the JP (Retired) status is one option for those who want
behind the honour of his/her warrant . . . “ he/
it, but in my view, the more people who can be encouraged
she should opt for JP (Retired) status.
to use service desks, the better. That way the public can be
Please do not generalise - it is neither helpful certain when and where there will be a Justice available.
or accurate when referring to most Justices,
Claire Bruell (Auckland)
whatever their age!
• This correspondence is now closed. - Editor
Jack Jenner (Auckland)
1 1 2 3 4 CROSSWORD
ACROSS: 6 Hegemony
1 Justice Minister (6,6) 7 Local populace
5 6 7 5 Misadventure 9 Make clear
6 Stylish 10 Search the seashore
8 Outstanding 15 Mineral water brand
8 9 10 11 11 Man’s name 17 By way of
12 Sprays 19 Groove
13 Fasten
12 14 Wrestling hold
P A U L A B E N N E T T
U A M I
16 Uniform
18 18 Day-to-day
E V E N
T I
O R D I N A R Y
C V R
13 14 15 20 Simon Bridges’ deputy A T T A C H N E L S O N
(5,7) E L C O O I
DOWN: Z S P L A T T E R S C
1 Part of a circle
16 17 18 19
I X E L T O
E R N E S T S U P E R B
2 Added proviso O I T E S
3 Southern port town C H I C T D E N A C C I
4 Garland
20
E Y I R
5 Workmate T T L E L I R E W A N DCERTIFIED 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 00JUSTICES APPOINTED
PURSUANT to section 3 (1) of the Justices of the Peace Act 1957, Her Excellency the Governor-General has been pleased to
appoint the following persons to be Justices of the Peace for New Zealand.
Aitken, Evelyn Anne, Hamilton Matthews, Margaret Elaine, Kaitaia
Allen, Anne Marie, Ashburton Maude, Robyn Mary, Wellington
Brooks-Quan, Carolyne Elizabeth, Kerikeri McDonnell, Tania, Whakatane
Carter, Leonie Anne, Awanui McLaren, Bruce Derek, Rangiora
Cherian, Saju Chakrampilly, Palmerston North Muriwai, Camron, Whangarei
Conroy, Joanne Maree, Queenstown Naylor, Pamela Ngaire, Garston
Crocker, Susan Veronica, Hamilton O, Johnson Hio Nam, Palmerston North
Crowe, Bronwyn Elizabeth, New Plymouth Rao, Sheela Narayana, Rotorua
Gilmore, Joel William Hepburn, Hamilton Ross, Rhonda Louise, Dunedin
Hall, Wade Joseph, Pauatahanui Schipper, John James, Auckland
Holtslag, Thomas, Christchurch Stocks, Phillip Murdoch, Tauranga
Horton, Janine, Rotorua Sutton, Deborah May Anne, Mosgiel
Hurley, Elizabeth Marain, Otorohanga Tawa, Deborah Jane, New Plymouth
Jeffries, Christopher Edward, Kawhia Ulrich, Heike Claudia, Wellington
John, Finie Thankamma, Taupo Withers, Robert David Lanktree, Ashburton
Kearney, Clare Margaret, Oamaru Wood, Andrew David, Stratford
Kimble, Paula Elizabeth, Wellington Woolston, Alan, Hastings
Kirifi, Polaiu’amea Jack, New Plymouth
Lander, April Jane, Rangiora Dated at Wellington this 15th day of December 2017
Lewis, Greg David, Wellington Hon Aupito William Sio, Associate Minister of Justice.
Lewis, Michael John, Tauranga
Ready to roll: The Conference partners group out and about during their Saturday
excursion. The group visited places of interest including heritage site Riccarton House,
the Christchurch Farmers’ Market and the former Homebush homestead and museum.
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
