Registrar retires: 'It's been a privilege' - QUARTERLY January 2017 Volume 85 Number 4 - Auckland Justices Of The Peace Association
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Justices’
Page 1
QUARTERLY
FIAT JUSTITIA
RUAT CAELUM
January 2017
Volume 85 Number 4
Registrar
retires:
‘It’s been
a privilege’
Page 2 PRESIDENT’S PAGE 1
Justices ‘in good heart’
T
he festive season is nearly upon In November this year’s Judicial Stud-
us as I write this column. It will ies Programme Practicum was held in
have been and gone by the time Wellington. It was an intense two days
you read it, so I trust that you had a safe facilitated by Acting National Educa-
and restful time and took the opportu- tion Officer Sue Scutter, with assistance
nity to recharge your batteries for the from Vice-President Rachael O’Grady
year to come. There is every indication and Central Regional Representative
that 2017 is going to be a stimulating Terry Byrne. Judge Barbara Morris
year for Justices, just as 2016 brought oversaw proceedings on behalf of the
us some important milestones in our Chief District Court Judge, and she has
development. recommended to CDCJ that all partici-
At the November Board meeting, 12 re- pants in the Practicum are fit to sit in
mits submitted by associations for con- court. Congratulations to you all on this
sideration at the 2017 AGM/Confer- significant milestone in your journey as
ence in Rotorua were received. These a Justice of the Peace.
appear elsewhere in this issue and I As I reported to those I met during the
am sure will result in some lively and AGM round, Board representatives at-
useful discussion. Once discussed and tended a workshop with Ministry of
voted on, the remits agreed to by affili- Justice officials in late September. It
ated associations will provide direction was the first time for some years that we
to the Board for our 2017-18 activities. had the opportunity to spend a number
The Rotorua Conference will provide of hours discussing issues of mutual in-
us with the opportunity to formally terest with the Ministry. We appreciated
farewell Alan Hart, who has been Fed- the opportunity and are in the process
eration Registrar for the past 14 years. of agreeing an action plan with them
Federation President Denise Hutchins which will no doubt influence our ac-
Alan’s service to the Federation and
thus to Justices of the Peace throughout tivities in 2017.
New Zealand is second to none. He has join with me in welcoming Tony to his One project we are keen to get under
been extensively involved in the devel- new role. way sooner rather than later relates to
opment and implementation of new leg- In early October Federation representa- developing a long-term strategy for Ju-
islation and new systems and processes tives attended the annual Australa- dicial Justices of the Peace - an issue
for Justices of the Peace, such as the sian Council of Justices’ Associations which is certainly on the minds of many
nomination and induction of new Jus- (ACJA) conference in Perth, Western Justices around New Zealand.
tices. His knowledge of the history of Australia. It is always useful to meet As this goes to press some 1103 or 17%
Justices in New Zealand and the Fed- with our Australian counterparts to of Justices have completed the Accredi-
eration is vast. Saying farewell to Alan discuss structure, legislation and prac- tation programme. Congratulations to
in Rotorua will be sad, but also an op- tices. The Australian associations were you all. I urge those who have yet to
portunity to celebrate his considerable interested in our Accreditation system complete the process to make it a New
contribution. and have decided to explore how ACJA Year’s resolution to do so. Associations
The Board undertook the recruitment might facilitate a similar process in the are keen to assist you if you are unsure
process for Alan’s successor during No- Australian states. of how to go about it, so don’t hesitate
vember, and associations were notified October was also the month of associa- to get in touch with your local educa-
on December 10 of the appointment of tion Annual General Meetings! Twenty tion/training team if you want help. We
Tony Pugh JP as the Federation’s Na- of the 29 associations held their meet- have had a lot of anecdotal feedback
tional Manager. Tony will start with us ings that month. It was my great pleas- from the public that they are seeking
in early February. He will work with ure to attend 18 of the 2016 AGMs, and out Justices who are accredited. It has
Alan during February, attend the Ro- the rest were attended by the Vice-Pres- meaning to them, and I think it is part of
torua Conference and take up the Na- ident, Immediate Past President, North- our accountability to the public to pro-
tional Manager role immediately after ern Regional Representative or Central vide a tangible demonstration of how
Conference. Regional Representative. we remain current in the role.
Tony’s previous role was business I thank the whole Board for their com- For those of you travelling to Rotorua
manager at New Plymouth Girls’ High mitment in ensuring associations and for the AGM/Conference in March,
School. He holds Bachelor of Busi- their members have the opportunity to I look forward to seeing you there,
ness Studies and Master of Business meet with a national representative. I so travel safely. For those who can-
Administration degrees, and is an As- can attest to the fact that Justices of the not make it, why not start planning for
sociate Chartered Accountant. He was Peace appear to be in good heart around Christchurch in 2018?
appointed a Justice in Taranaki in 2013, the country. The energy and enthusiasm I wish you all the very best for 2017.
and has been active in Wellington since for local activities and interest in the na-
moving there in 2016. I am sure you all tional perspective was great to see. Denise Hutchins
Page 1 NEWS
Trust law revamp
J
ustice Minister • clear mandatory and
Amy Adams has re- default trustee duties
leased draft legisla- so people know what
tion that will update our their obligations are
trust law and aid in the if they’re involved in
administration of trusts. managing a trust
EDITOR: GEOFF DAVIES JP “Trusts play an impor- • requirements for
Email: merlin81@xtra.co.nz tant role in New Zea- trustees to manage and
Phone: 04-472-5566 land. Between 300,000 provide information to
and 500,000 trusts are beneficiaries
operating today. Eve- • flexible trustee pow-
ry day, ordinary New ers and updated rules
Telephone 04-918-8447 Fax 04-918-8034 Zealanders use them
to manage their financ- • clear rules for when
Email: registrar@jpfed.org.nz
es, with an estimated people make changes
Website: www.jpfed.org.nz
15% of private houses Justice Minister to a trust or wind them
ISSN 2382-12164 (print)
held in a trust. They also Amy Adams up
ISSN 2382-1272 (on-line)
form part of the economic • more options for re-
backbone of the commercial and so- moving and appointing trustees
cial sectors,” Ms Adams said. without having to go to court while
“Our 60-year old trust law is complex also preserving people’s ability to
January 2017 and hard to navigate, partly because it ask the courts to intervene to resolve
VOL 85 No: FOUR is scattered across the Trustee Act and disputes.
a variety of decisions made by courts Ms Adams said the proposed reforms
‘A privilege to serve’: over many years. That’s why in 2009 are largely based on recommendations
Alan Hart retires 2 the Government asked the Law Com- for modernising and clarifying trust
mission to have a look at how the laws law made by the Law Commission in
‘Hart’ act to follow! 4 could be modernised and made clearer. 2013. They also reflect advice from
From the Registrar 5 “Given their importance to our society a reference group of experts she ap-
National Manager appointed 6 and economy, trust law should be sim- pointed in 2015, who considered the
Education 7-10 ple to understand so that families and Law Commission’s recommendations
businesses can manage their affairs and provided valuable input into refin-
New perspective on poverty 11
with confidence.” ing them.
The draft Trusts Bill released late last “We need to ensure the law is fit for
A real Community House 12
JPs blossom in garden venue 14 year updates and improves the Trustee purpose and that it suits the needs
Crossword 15 Act 1956, marking the first significant and realities of everything from fam-
Cooks Islanders mourn ‘JK’ 16 change in 60 years. The proposed im- ily trusts to corporate structures,” said
provements include: Ms Adams.
Hubbard inside back cover
• making it easier for people to under- “With thousands of trusts in New Zea-
stand how to appropriately use trusts land, many people will benefit from a
Appointments outside back cover
to manage their affairs more practical and useable law.”
Justices’
Patron: The Rt Hon Dame Patsy Reddy GNZM
QSO Governor-General of New Zealand
Moving with
Page 1
President: Denise Hutchins JP
the times
FIAT JUSTITIA
Immediate Past President: Graeme Kitto JP
RUAT CAELUM
QUARTERLY
January 2017
4
Volume 85 Number
Vice-President: Rachael O’Grady JP
Northern Regional Representative: • If you have already asked to receive
Peter Osborne JP the magazine electronically but you
Auckland Regional Representative: are still getting the hard copy, please
Patrick Samson JP advise the administrator.
Central Regional Representative:
Terry Byrne JP Readers have the option of receiving Registrar
Southern Regional Representative: the Quarterly as a PDF rather than a retires:
Gavin Evans JP hard copy. To take up this offer please ‘It’s been
Honorary Solicitors: Buddle Findlay advise the office by email: adminis- a privilege’
Registrar: Alan Hart JP trator@jpfed.org.nz. ON THE COVER: Retiring Registrar
Administration Officer: Sarah Gillard Alan Hart and his family: from left,
Editor, NZ Justices’ Quarterly: Telephone requests will not be pro- Angela, daughters Sophie and Mel,
Geoff Davies JP cessed. and Alan. Coverage PP2-4
Page 2 NEWS
‘A privilege
to serve’
Retiring Federation Registrar ALAN HART looks back
on his 14 years in the job and reflects on the achieve-
ments and issues with which he has been involved . . . .
There will be more about Alan’s retirement as part of the Conference coverage in the April issue
T
o write about the Federation’s In terms of the overall workload, I increased responsibility for us both at a
achievements and issues during pay tribute to all the volunteers, espe- national level and as individual Justices
my years at National Office has cially those who take leadership roles, to ensure that our work in serving the
highlighted for me that it has whether it be for their associations or public without fear or favour is of the
been the efforts of a great many people nationally, such as those who contrib- highest standard possible. The status of
over the years which have brought us to ute incredible amounts of time as Board JP (Retired) has been appropriate for a
our current very positive situation. members, doing work often unseen by number of members over the past nine
It would be easy to simply provide a most. years, whereby after a life well spent in
dot-point list of changes we have seen I have been privileged to have had the the service of others in our role, they
since 2002, but that might cause you all direct support of a small group of paid have acknowledged that it was time to
to turn the page immediately! Anyway, staff over the years, and I especially pass the baton on to a newer generation
most of them have been fully reported acknowledge the work Dick Williams of JPs.
on in the Quarterly as they occurred. did on the initial training, which Valerie There have been other areas in which
Past President Gavin Kerr wisely sug- Redshaw then expanded on. Valerie we have developed our support at a na-
gested in a keynote speech at the Cen- also expanded and updated our resourc- tional level, ranging from those which
tral Regional Conference in Blenheim es in many areas, as we increased our have grown from small beginnings, for
last year that we can best prepare for commitment to provide a service to the example the website, to others such as
the future by looking back. The high- public through what became our first our communication networks. Sarah
light he mentioned, of the changes to Services Agreement, now called the Loftus did more than many know in her
our own legislation in 2007 after 50 Contract for Service, with the Ministry work, not just for those members who
years of endeavour, belie the work of of Justice in June 2006. undertake judicial functions and those
others over those many years, including In that area I particularly wish to record who serve as Visiting Justices or issuing
his own, and that of the then Associate the great debt we owe to Belinda Clark, officers, but for all members, through
Minister of Justice Clayton Cosgrove, the then Secretary for Justice, and her her skills both in education and law.
who held the delegation for Justices. staff, for the support we received. More We have been fortunate for much of the
recently we could not have achieved past 12 months to have Sue Scutter add
As Bernard of Chartres said: “We [the to that with a skillset which includes be-
Moderns] are like dwarves perched on what we have without the support of
Andrew Bridgman, her successor since ing a JP herself.
the shoulders of giants [the Ancients],
and thus we are able to see more and 2011 – in the midst of almost continual As a professional philosophy and as a
farther than the latter. And this is not at change in the wider justice sector he has long-term administrator in the volun-
all because of the acuteness of our sight proved a constant friend in supporting tary sector, I have always endeavoured
or the stature of our body, but because the work of Justices of the Peace. His to remove blockages from our process-
we are carried aloft and elevated by the comments at successive Conferences es, and while many individual JPs will
magnitude of the giants.” have shown the reality of his support, not have been directly affected, I trust
as has the increased funding we have registrars in particular appreciate the
Equally, having the legislation changed been able to convince his Ministry to minor irritants which we have been able
in 2007 actually added an immense provide. His staff have been great to to remove, for example charging for the
amount of work to the activities of our work with, some especially so, and they initial stamps, badges and certificates
trainers in associations, as well as creat- know directly from me how much I on appointment, thanks to gaining Min-
ing the need for an increase in the Na- have personally valued their work. isterial support for targeted funding
tional Office staff to the current level of when Rick Barker was “our” Minister.
two full-timers and a part-timer. But with that increased funding goes an
Page 3 NEWS
Other changes might have passed unno-
ticed but increased funding has allowed
a variety of positive changes, such as
removing the cost to members of the
Justices’ Quarterly. To our various As-
sociate Ministers over the years and
other supporters in Parliament should
go our thanks, for without their support,
advice and guidance we would have
struggled.
On a personal basis, as I mentioned
in my penultimate article, I have been
privileged to have been allowed to serve
you and the public in this role. I have
had a fortunate life but that has been
because I have been fortunate to meet
and know so many fantastic people over
the years. Those who know me closely
know that I have always endeavoured to Alan Hart receives a Certificate of Appreciation marking his retirement from
maintain the highest ethical standards Terry Wardle, Vice-President of the Australasian Council of Justices’ Associa-
when encountering the usual human tions, at the ACJA conference in Perth last year.
frailties. All my life I have been com-
1998 when I wrote my annual report as technology for so much information
mitted to the service of others, as I be-
president of the Wellington association now, but I wonder whether we are ac-
lieve that it is only through such service
I asked whether the role of a Justice of tually fully conscious of how limited
that we can assist others to be all they
the Peace was doomed. My observa- some of it is. To me it seems at times
can be. Some of this reflects my Scout
tions nearly two decades ago remain that we can talk more but communicate
training from an early age as well as my
relevant, in that the changes I talked less, with so much information now
main other “hobby”. My close friends
of then as confronting JPs remain with available that at times it is difficult to
still are those made through such con-
us now. The greatest constant I can see sort the wheat from the dross. Allied to
nections. The most important people to
looking back on that report and my reg- that has been a tendency I have noticed
me are my wife Angela, the love of my
ular contributions to the Quarterly has in recent years for many, both members
life, who has been with me in the times
been about the issue of training, espe- and others, to not do their own research
of exaltation and despair, and our two
cially with respect to those members, first. Perhaps that is just human nature.
daughters, with all the joys and prob-
and more importantly non-members, But as has been said before “those who
lems every parent knows!
who apparently just don’t believe they cannot see both sides should not judge
I’ve also been asked what I most liked need to refresh their knowledge of our either”.
about this role. On reflection it has been role. I am pleased that in 1998 I saw our
the challenge of never really knowing
Our Judicial role has changed through role as continuing well into the future
what a day will bring – what issues will
developments such as dramatic changes but changing and adapting to meet the
there be to work through, or people to
in jurisdiction, the new search and sur- needs of society as it has done for over
assist. Plans have often had to be put
veillance provisions and in other legis- 800 years. The same is true now.
aside, at least temporarily. To meet our
lation such as the Criminal Procedure Again, to you all, my thanks for the op-
members’ and the public’s needs, Mr
Act. Equally our base “ministerial” du- portunity, challenges and enjoyments
Google and our website are great tools,
ties have also altered and will continue of the role. I am reminded of the words
but to quote one Board member, I just
to do so through legislation such as the of Francis of Assisi: “The deeds you do
wish some people would read the Min-
Anti-Money Laundering and Counter- may be the only sermon some persons
isterial Manual – particularly when the
ing Financing of Terrorism Act 2009, will hear today” and equally “Start by
material is actually in the public area of
with its stringent requirements on fi- doing what is necessary, then what is
our website (thanks Greg!). Even very
nancial institutions which they then possible, and suddenly you are doing
serious complaints and problems have
endeavour to transfer to us (and that’s the impossible.”
been an opportunity in themselves to
from an ex-banker!). In contrast to that
prove to our stakeholders that we (all of I hope that in the words of Ralph Read-
is, for example, work on an all-of-gov-
us) can work through serious issues and er’s Scout Hymn I have been “the best
ernment agency basis around the use of
resolve them. that I can be” and have at all times en-
statutory declarations, where these are
Where the future lies for us as an or- being removed and simple statements deavoured to “hold the scales of justice
ganisation is something I cannot an- introduced. with equal poise” in my dealings with
swer. I look forward to our centenary others, albeit at times not necessarily
I spoke then of communications as agreeing with them!
as a national body in 2024 with inter-
an issue and suspect that that remains
est, and equally so to 2021 for my own
equally relevant – we seem to rely on
Wellington association’s centenary. In
Page 4 NEWS
A Hart act to follow!
Those with whom Alan Hart has been most closely involved over the years were invited to con-
tribute to coverage of his retirement . . . here are some of the replies
Nelson Tasman registrar Roger Cole: I have known and preciated his close support and counsel over many years and
worked with Alan since I became association registrar in we will miss his friendly prompts and communications. We
2003. My job has been made much easier by his quick and wish him all the best in his retirement.
accurate responses to my inquiries, in particular his ability to Past Federation President Gavin Kerr: Alan, my grateful
advise where I can locate information for which I have of- thanks for all your support before, during and after my term
ten spent much time searching before asking for help, and his as President, especially while we saw the JP Amendment Act
quick (but sometimes convoluted!) wit. His wise counsel on formulated and enacted. You played a vital and mostly un-
the rare occasions when I have had to deal with a problem has heralded role in that process, for which JPs everywhere are
been much appreciated. greatly in your debt. Rest on your laurels and enjoy your re-
Gore registrar Mairi Dickson: There are many words which tirement.
can be used to describe Alan Hart: friendly, approachable, Federation Vice-President Rachael O’Grady: Alan, many
knowledgeable, obliging, patient, and possessor of a warm thanks for the level of professionalism you have brought to
sense of humour. We acknowledge his the role of Registrar. It has allowed
support of smaller associations. All of the Board to go about their business
these attributes put together have made North Otago registrar and former knowing they can rely on your back-
him a great Federation Registrar. Southern Regional Representative Bill up, follow-up and innovative input
Past Federation President John Fal- Saxton: It is my opinion that Alan’s main whenever needed. Your eidetic and
coner: It is a pleasure to add my thanks, claim to fame is not that he was an excel- compendious memory of details has
and best wishes to Alan on his retire- lent CEO for the Federation and the 29 been invaluable to the organisation
ment. I recall with much appreciation associations, nor that he has tremendous even if an acronym-finder is a neces-
Alan`s genuine welcome at the office, knowledge of the requirements of the of- sity for deciphering messages. At a
his hospitality at work and home, his fice of JPs, nor that he knows the strengths personal level I have been grateful
depth of knowledge in all facets of the and weaknesses of the Wellington scene for your generosity of time in provid-
Federation’s work, his networking tal- including Parliament and the MoJ, not ing support and wise counsel when
ents and (a key to success) his knowl- even that that he is a good and decent in- sought. Best wishes!
edge of, and ability to work with, the dividual. No, his main claim to fame is Past Federation President Allan
Minister and MoJ. that he played hooker for a team in the
Spence: I was on the Executive (as it
same club as the Savea brothers (Oriental
Past President Kevin Geddes: Alan then was) when Alan was employed.
Rongotai) and by osmosis this makes him
Hart’s retirement as Federation Regis- He was by far the most outstanding
an authority on all things rugby. It was a
trar brings to me a flood of good memo- candidate of those that applied for the
pleasure to work with him and listen to his
ries. Alan brought business skills to the job. I always found him very thor-
sage advice on all matters, with the excep-
management of the Federation and his ough in his attention to detail and his
tion perhaps, of All Black selection.
extensive knowledge of the work of JPs relationships with the MoJ were very
reflected his passion for the role. His beneficial to the Federation. In addi-
tenure as Registrar has been a time of considerable change, tion we had some very enjoyable social occasions when his
the most significant of which was the 2007 Amendment to the wife Angela joined us. Of particular note for me was the year
Justices of the Peace Act. This gave new responsibilities to when, as Vice-President, I had to take over chairing the Con-
the Federation and the Ministerial Manual developed between ference the day before it started because of a bereavement in
the Federation and MoJ provided greater clarity to JPs in the the President’s family. Alan’s last-minute briefing helped save
execution of their duties. Throughout his tenure Alan has been the day. He had the ability to adapt to change as each incom-
loyally supported by his wife Angela who has been by his side ing President had their own way of doing things and idiosyn-
offering hospitality and office back-up during work peaks. crasies. He made a significant contribution to the development
Thank you, Alan, for your wise counsel, your consummate of the Federation and will be missed. I wish him and Angela
professionalism and your dedication to Justices of the Peace. well in their retirement.
Bay of Plenty registrar Brian Hamilton: As a relatively new Hawke’s Bay registrar and Past Federation President Ali-
registrar I have appreciated Alan’s prompt help and advice, son Thomson: I found Alan extremely knowledgeable about
and I acknowledge his wide knowledge of all things pertain- the work of JPs and he was meticulous in keeping associa-
ing to JPs. He will be a hard act to follow. tions up to date with Federation business. Likewise, the close
Central Districts association president Joe Hollander: working relationship with Ministers and the MoJ was of high
I have known Alan for 35 years, initially being involved in importance to him and he worked hard to make it work well.
Scouts management in the lower half of the North Island. As Alan has an amazing memory for the history of our work and
Federation Registrar, he has always been a willing advisor even information disseminated years before! I thank him for
across all aspects of being a JP, regardless of the time of day the support and advice he gave me in my two years as Presi-
or night and personal circumstances. Our association has ap- dent and wish him a long, happy and healthy retirement.
Page 5 NEWS
Registrar ALAN HART reports from the Federation National Office
FROM THE REGISTRAR
Amongst the various items we are cur- (a) a mechanism which would ensure carried out by Royal Federation, these
rently dealing with on behalf of associa- that all matters within the Judicial Jus- tests to include online assessments fol-
tions and members the following may tice jurisdiction requiring judicial inter- lowing induction and accreditation.
be of interest. vention are placed, where practicable, 7 Auckland Justices of the Peace As-
before Judicial Justices sociation will move:
Conference 2017 (b) extending Judicial Justice jurisdic- That the Board initiate change to Policy
tion by enactment to encompass all C1 (a) and C1 (c) to allow reimburse-
Just a reminder to send registration Category One offences as defined by
forms back to the Rotorua association ment of costs of morning and after-
S.6 Criminal Procedure Act 2011, and noon teas provided for ministerial and
ASAP (registration details are also on all infringement offences, with the pos-
the website). judicial training sessions of duration of
sible exception of continuing offences. three hours or more where the sessions
The following nominations for the 2 Auckland Justices of the Peace As- are being delivered by designated train-
Board were received: sociation will move: ers. Subject to a maximum of $5.80 per
President: Denise P Hutchins That the Board approach the Ministry of person per training session up to four
Vice-President: Rachael J O’Grady Justice with a strong recommendation hours and $6.20 per person for train-
to introduce regulations making such ing sessions exceeding four hours. The
Northern Regional Representative: reimbursement includes attendees and
Peter L Osborne by-law offences which are pursuant to
the provisions of the Local Government trainers.
Auckland Regional Representative: Act 2002 and which are relevant to the 8 Nelson Tasman Justices of the Peace
Patrick A Samson jurisdiction of Judicial Justices of the Association will move:
Central Regional Representative: Peace, infringement offences. That consideration of the frequency of
Terence J Byrne 3 Far North Justices of the Peace As- annual Conferences be held in abey-
Southern Regional Representative: sociation will move: ance until such time as the Incorporated
Gavin D Evans That the Board engage with the Minis- Societies Bill currently before Parlia-
The election (confirmation) for Presi- try of Justice and other relevant agen- ment is enacted and has come fully into
dent and Vice-President will take place cies such as Police, Corrections, Social force.
at the AGM as provided for under Rules Development and Internal Affairs with 9 Nelson Tasman Justices of the Peace
6 and 17 (b) of the Constitution. the objects of regaining lost ground in Association will move:
The following remits have been sub- the practical application of Justice of That the Board raise with the appropri-
mitted and will be formally included the Peace jurisdiction and of extending ate authorities, an agreed wording for
in the Conference papers with the rea- the jurisdiction enjoyed by Community the certification requirements to be used
soning provided. Full details of these Magistrates to that of Judicial Justices by banks and financial institutions.
and the remits have been circulated to of the Peace.
10 Nelson Tasman Justices of the
associations for preliminary discussion 4 Marlborough Justices of the Peace Peace Association will move:
but have been omitted here due to space Association will move:
considerations. They are on the website That the Board obtains Ministry of Jus-
That in recognising the right of the pub- tice approval to have the Justice of the
in full. lic to competent service the Board con- Peace number recognised as an Official
sult with the Ministry of Justice in order Identifier.
Notices of motion and remits to explore means by which the level of
competence of Justices of the Peace 11 Ashburton Justices of the Peace
Full details including rationale have may be monitored and enhanced. Association will move:
been included with the Circular and will That in view of the low numbers of
appear in the Conference papers. 5 Auckland Justices of the Peace As-
sociation will move: Justices of the Peace who receive the
Notices of motion: Rule 22 Justices’ Quarterly electronically, the
That the Board amend the C5 Accredi- Board revisit the decision to phase out
No notices of motion have been re- tation Policy to indicate that a period of
ceived. the paper based JQ by 2020.
12 months must elapse between swear-
Remits: Rule 20 (a) viii ing-in and a Justice being eligible for 12 Eastern Bay of Plenty Justices of
Accreditation. the Peace Association will move:
1 Marlborough Justices of the Peace
Association will move: 6 Auckland Justices of the Peace As- That the Board implement a compre-
sociation will move: hensive programme for the identifica-
That the Board explore expeditiously tion and preservation of all agendas,
with the Ministry of Justice and rel- That the Board provide the trainers for minutes, papers and documents record-
evant enforcement agencies: each association with the results of tests
Page 6 NEWS
ing the 200 years of Justices of the Peace service to
Taranaki
the people of New Zealand.
Conference frequency:
Conference will also be asked to note a foreshad-
owed notice of motion from the North Otago Jus-
tices of the Peace Association concerning the fre-
quency of Conference.
Justice
Financial recommendations
The Board will move the following: takes over
T
(i) Capitation Fee
ony Pugh JP has been ap-
That for the financial year commencing on No-
pointed National Manager
vember 1 2017 the Capitation Fee payable by
affiliated associations pursuant to Rule 3(a) of (previously titled Registrar)
the Constitution and Rules be set at $15 (exclu- of the Federation.
sive of GST) per head, based on membership Tony, who was born and grew up
as at August 31 2017 and payable in one instal- in New Plymouth, will work alongside retiring Registrar Alan Hart
ment by February 1 2018. (Currently $15) during February and take up his new role immediately after Confer-
(ii) NZ Justices’ Quarterly ence 2017.
That the price of the NZ Justices’ Quarterly re- Tony was educated at New Plymouth Boys’ High School and Mas-
main at nil to members. sey University, from which he first graduated Bachelor of Business
(iii) Communication Grant Studies in 1994, then last year completed his MBA (Master of Busi-
ness Administration). He is also an Associate Chartered Account-
That for the financial year commencing on ant.
November 1 2016 the Communication Grant
payable to affiliated associations is budgeted at After university Tony held a variety of accounting and financial
$3 (exclusive of GST where appropriate) per roles in New Zealand and the UK, then for 13 years until 2016 he
head, based on membership as at August 31 was the business manager at New Plymouth Girls’ High School.
2016. (Currently $3) This was a wide-ranging role with up to 24 staff and a long list of
responsibilities including Board reporting, financial management,
Workshop topics
property portfolio development management, as well as the board-
Saturday afternoon: ing hostel, two retail outlets and chairing the school’s health and
• Rangatahi courts (arranged by Rotorua asso- safety committee.
ciation) Tony and his wife Jo, who have been together since school days,
• Association Governance 101 moved to Wellington last year after her appointment as Deputy
• People Count On Us: how do we measure up in General Manager Assessments and Operations at Worksafe NZ.
the eyes of the public and our peers? They have a daughter, Trevyn, who is currently studying business
management at Waikato University.
• Justices of the Peace and social media
The busy role at NPGHS did not prevent Tony from taking up a
• Effective connecting – ramping up communi-
number of voluntary roles over the years. Apart from accepting ap-
cation
pointment as a Justice in 2013 (and serving on the Taranaki associa-
Sunday morning: tion council before moving to Wellington) he has been a judge of
• Association Governance 101 the Westpac Business Awards, mentor for Young Enterprise (men-
• People Count On Us: how do we measure up in toring regional winners and national finalists), a school trustee, a
the eyes of the public and our peers? School Executive Officers’ Association regional delegate and chair
of the New Plymouth Opera House Friends Trust and Taranaki
• Justices of the Peace and social media Adult Literacy.
• Effective connecting – ramping up communi- Tony and Jo are keen travellers and have a motorhome they im-
cation
ported from the UK in which they spend holidays exploring New
Policy papers for consideration Zealand.
Under the provisions of Rule 20 (c) the Board rec- Tony says he’s looking forward to his new job.
ommends acceptance of an addition to the policies
covering the Judicial Studies Course. Full details “I am excited to have been appointed to this role, and I’m looking
have been provided to associations and are with forward to bringing new ideas to the Federation while building on
Circular 6/2016 on the website. the success and commitment of the volunteers and all who support
this vital function of our legal system.
Annual Report and Conference papers
“I will be attending Conference in Rotorua and hope to meet as
These will be available both through associations
many of the attendees individually as possible over the
and on the website by the beginning of
course of the weekend,” he said.
February 2017.Page 7
EDUCATION Page 7
By SUE SCUTTER: trainer@jp.org.nz 04-918-8445 JANUARY 2017
From the National Education Officer
B
y the time you read this I will have finished in the
position of Acting NEO. I have really enjoyed this
role and am very grateful to Federation Registrar
Alan Hart for giving me the opportunity to reintegrate back
into the workforce and life after illness.
With the completion of my Law and Criminology degrees
and admission as a Barrister and Solicitor of the High
Court, it is time for me to take another step in my “legal
journey”. This is not goodbye, as I am still a Justice of the
Peace and will continue to be involved in this organisation
I care about.
Thank you for the support and encouragement you have
given me both when I was sick and while I have been in
this role. I value the wonderful people I’ve met, through
being a Justice and in the position of Acting NEO. I wish
you all the best as you continue to deliver the valuable ser- Admitted to the High Court Bar: Sue Scutter, right,
vices of Justices of the Peace in your communities. with Admitting Counsel Dame Dawn Lamb JP
In these education pages:
Farewell as Acting National Education Officer P7 Certifying copies P8
Accreditation P7 Dissolution of marriage and the affidavit for P9
substituted service
Citizens Advice Bureau language line P7 Taking of affidavits P9
Making a statutory declaration P8 Affidavit for probate P9
When the client cannot sign a statutory declaration P8 Citizenship application P9
Wills P8 New Zealand Law Society: Declaration for P10
Certificate of Character
Study for a meaningful role P10
Accreditation
Congratulations to all those who have completed Accreditation. Please remember there are two components to Accredi-
tation. You must:
• pass the on-line test
• enter the date that you attended an education session.
Your attendance at an education session is not automatically entered.
Once you’ve completed both of these, when you search for your surname under
“Find a JP”, you will see “Accredited” beside your name. Accredited
Clients with limited English
The national office of the Citizens Advice Bu- You can call 0800 788 877 to find out
reau has confirmed that Justices of the Peace are what hours the language you need is of-
welcome to use their free telephone translation fered and see if your client could come
service, Language Connect, either working in back then.
a service centre or at home. Language Connect
Please go to the Federation website to find
operates 9am-4pm Monday to Friday. It has
out more about this service and for the
translators for 23 languages: Arabic, Cantonese,
availability of specific languages: https://
Korean and Mandarin are available daily, and
secure.zeald.com/jpfed/MemberServices
the others are available one to four times a week.Page 8
Page 8 EDUCATION
JANUARY 2017
Statutory declarations
Making a statutory declaration If the client cannot sign a
A statutory declaration is a written document that people
statutory declaration
can use to confirm something is true. This must be com- What do you think
pleted in front of an authorised witness, which includes you should do if you
Justices of the Peace. have a client who is
physically unable to
The Department of Internal Affairs have updated their stat-
sign a statutory dec-
utory declaration template, so that the public can download
laration?
and print it. This can be accessed at https://www.govt.nz/
assets/documents/crime-and-justice/statutory-declaration- Our suggestions are:
final.pdf (for a pdf version) or https://www.govt.nz/assets/
documents/crime-and-justice/statutory-declaration-final. • The client could make a mark on the paper.
txt for a Word version. • The Justice of the Peace could sign with the person’s
You can also direct the public to browse https://www.govt. direction and note this on the declaration.
nz/browse/law-crime-and-justice/making-a-statutory-dec- • The client may have an enduring power of attorney,
laration to find further information about making a statu- which would allow another party to sign on their behalf.
tory declaration.
If you have other suggestions feel free to email them to
Statutory declarations are covered in Chapter 7 of your trainer@jpfed.org.nz so they can be shared in the next is-
Ministerial Manual. sue of the Quarterly.
Wills Certifying copies
Reminder: signing Refresh your memory and skills by having a read of Chap-
a person’s will is ter 5 of your Manual on certifying copies. Whilst this
not a task that spe- might seem a very simple task for a Justice, there is no
cifically requires harm in ensuring you’re completing all the necessary steps
a Justice of the when certifying copies, particularly if they are for banks or
Peace. Witnesses financial institutions.
to a will are not re-
At the office we regularly receive queries about certified
quired to have any
copies. This includes the need to:
particular qualifi-
cations, as long as • use more than just your JP stamp on a certified copy
they are not beneficiaries of the will.
• remember the different wording required for banks and
As such you should not use the letters JP or your stamp on financial institutions (section 5.5 of your Manual)
the document.
• provide identification that you are a Justice of the Peace
Please refer to section 6.3.1 of your Manual (on P35) for - a signature alone is not sufficient to confirm the docu-
further information. ments have been certified by somebody authorised to
do so.
Independence when undertaking JP duties
We recently received feedback from an embassy that a Justice of the Peace who was sponsoring someone for immigration
had also completed the documentation in their role as a JP.
While there are no legislative restrictions that prevent you acting in both roles, it is best practice for you to keep the Justice
of the Peace task separate if you are also involved in some other aspect of the process. This ensures there can be no claims
of bias or conflict alleged of the Justice.Page 9
EDUCATION Page 9
JANUARY 2017
Dissolution of marriage
There has been a change in the affidavit associated with Taking an affidavit
“Without notice interlocutory application for substituted
service” for dissolution of marriage papers. It is timely to suggest you also
refresh yourself on what is re-
The new form (G21) allows one of the parties to proceed quired when taking an affidavit.
with the dissolution of marriage process when they can- This includes “exhibit notes”
not hand the documents on to the other party. This could that are required for all attach-
be where the address of the other party is unknown or ments that accompany an affida-
that it is physically impossible to hand the documents vit. Take a look at Chapter 8 of
over. your Manual.
What does this mean for Justices?
The G21 document is an affidavit. It requires the Justice Affidavit for probate
to complete the jurat and the applicant must either swear
or affirm the document (on P7). The form does not fol- One of our members has asked if a JP can take an affida-
low the traditional process of an affidavit in that it does vit for probate, since the document comes from the High
not start with: “I, (name) of (place), (occupation) swear Court. She was informed that a solicitor would have to
or affirm that” but it does include boxes for the applicant do it but decided to ask us.
to complete, and they include the above data. The jurat, The High Court Rules (rule 27.4 - currently found within
whilst slightly different in layout, includes the normal the Judicature Act 1908) apply to the granting of probate.
relevant data. The form “PR1 affidavit for granting of probate” states at
Follow the link below to the Ministry of Justice website. the bottom that the affidavit can be taken by a Justice of
From there, please select the form “Without notice inter- the Peace, which means there is no reason why a Justice
locutory application for substituted service” (G21). of the Peace cannot take the affidavit.
https://justice.govt.nz/family/separation-divorce/apply- http://www.legislation.govt.nz/act/public/1908/0089/lat-
for-a-divorce/divorce-forms-and-fees/ est/DLM1817669.html
Citizenship application
Recently the Department of Internal Affairs has issued a What does this mean for Justices?
new application for New Zealand citizenship form.
In essence this is bringing the application for citizenship
Previously a statutory declaration was required and this into line with the same requirements for a New Zealand
could be undertaken by a Justice of the Peace or other passport application, in that it is no longer a task of a
authorised person. This is no longer a requirement. Justice of the Peace. The witness must be someone who
meets the above requirements.
At section 36 of the application the statutory declaration
is replaced by “applicant declaration”. The wording of Follow the link below to the Department of Internal Af-
the declaration states that “I declare that the information fairs website. From there please select the “Application
that I have given in this application is, to the best of my form for a Grant of New Zealand Citizenship”
knowledge, true, complete and correct.”
h t t p s : / / w w w. d i a . g o v t . n z / S e r v i c e s - C i t i z e n -
At section 37 this is now to be witnessed by a Citizen- ship-Citizenship-Forms-and-Information-
ship Case Officer/DIA Customer Services Officer or a Brochures?OpenDocument#one
valid New Zealand passport holder who is not related to
the applicant and does not live at the same address, and
meets the other stated requirements in the Guide notes.Page 10 10
Page EDUCATION
JANUARY 2017
New Zealand Law Society – declaration for Certificate of Character
The NZLS requires used in order for you to verify their identity, it must
applicants for admis- be signed.
sion to the Bar to
complete a declara- • The NZLS cannot accept an unsigned passport.
tion when applying for a Certificate of Character. They • A colour copy of the passport is best, as when sending
have highlighted a few errors that seem to be recurring in it off as a scan the faces are less likely to shade out.
some of the applications they receive.
All the candidates have the opportunity to attend an in-
• The declaration in section 10 needs to be signed and formation meeting, so they should have a good under-
dated by a JP. The signatures need to be put in the right standing of the process. However, by ensuring we are
place and not twinked out. carrying out the tasks that require a Justice of the Peace
• The applicant must sign in front of you. At this point correctly, there is less likelihood of the applicant having
identification should be sighted. If a passport is being their documents returned and thereby needing to re-do
them.
Study for a meaningful role
T
he Federation has a unique training opportu- that the training is provided on-line does not in any
nity on offer for highly committed Justices of way mean that the learning will be easy. Studying
the Peace: to undertake the Judicial Studies on-line requires the individual to be motivated,
Course in order to prepare them for membership of well-organised, proactive, and take an active role
association court panels. in learning and accessing information.
For more information on the commitment required Successful completion of the academic component
for the course, refer to the article in the October of the course is necessary for any Justice to be in-
2016 Quarterly (Volume 85 No 3 PP5-6). The key vited to the two-day practicum. Ongoing mentoring
messages in this article encourage Justices to con- is then provided to the Justice by their respective
sider whether they are prepared to commit to six associations once training is completed to the satis-
months of on-line education during which they faction of the Chief District Court Judge.
should be able to spend at least 10 hours a week
studying, taking into account that the material in
the Judicial Studies Course is new, and that they Selection of candidates
will be starting at entry level. Associations are charged with maintaining the
highest standard of performance for all their Judi-
cial Justices. This includes considered selection of
About the course a candidate when there is a genuine need for a new
The Judicial Studies Course is an on-line training court panel member.
programme to be undertaken within the six months Associations are reminded that any candidate must
from April 1 to September 30. Course content is meet the Federation criteria for Judicial Justices as
based on the “Judicial Duties: Courts” manual, defined by Policy C3 (b). Associations have previ-
supported by three textbooks and legislative web- ously been provided all documentation (the T4 and
sites. The course contains self-marking activities Student applications) which must be completed
which prepare a Justice for the course assessments, and returned by the association (not the student) to
which comprise three compulsory assignments and the Federation, along with the $500 bond, before
a learning journal. March 1 2017.
Although the learning is done independently, Jus- More information about enrolments for the 2017
tices are provided with support from their associa- course can be found on the Federation website.
tion and the National Education Officer. The fact Rachael O’GradyPage 11 OPINION
Waikato Justice SALLY BOOM is well-known in
Hamilton for her work at JP service centres, but her
passion is helping out in the Dalit villages of Andhra
Pradesh in south-eastern India . . . .
Perspective on poverty
I
have been going to India to help (if they can afford animals) and eke out
out a charity and its works with a living like this day after day, their
the Dalit (poorest of the poor), in whole lives. They have no doctor or
Andhra Pradesh since 2008, and my dentist or hospital or luxuries, and yet
husband and I have also supported an they still smile. And this just doesn’t
orphanage of around 140 children since just apply in India but in many other
then. countries that are poor in the eyes of the
After my third visit to India, my whole world.
view of poverty changed. I read some- So what is ‘’poverty of heart’’? For the
where a long time ago that poverty is most part, I believe it is continually
often a state of mind/heart rather than thinking we are entitled to more, that Local women in one of the villag-
physical, although the physical clearly life and people owe us something, that es with which Sally is involved.
has a large part to do with it. I pretty we are disenfranchised and disadvan-
much believe this statement now. taged in some way. are OK, families stepping in and if nec-
So many people in New Zealand are To me, this is more serious than physi- essary reporting abuse instead of hiding
“poor” according to the statistics and cal poverty. The physical side can be their issues, and children being taught
yes, some live in garages, on the streets changed but it is going to take a mon- in schools at a young age how to treat
etc. This is very sad and I don’t, of umental societal shift to change the their neighbours and what is and is not
course, condone it for a moment. But other. Upon returning to New Zealand, right behaviour in their communities.
by world standards, as we all know, we it is starkly apparent that people today These are only some answers to pover-
are very rich - we can get around in a are ‘’stuck’’ in this new kind of pov- ty in this country. Pulling together and
car, go to WINZ if we need money, go erty. We seem to hear every day in the saying this is a problem for all of us will
to hospital at no charge, and all with- media that we don’t have enough, that go a long way towards taking the next
out even working a full-time job. We everyone else has more than us and that step in ensuring safety for everyone in-
can even buy takeaways every now and makes us in some way ‘’lesser’’. Out volved in this beautiful nation of ours.
then! of this has grown a misguided anger
which is apparent on our streets and in This month, I am going to India to start
In India, it seems to me that people deal a sewing project for 10 women at the
with their physical poverty differently our courthouses.
Mercy and Grace Orphanage my hus-
to us: by not having that poverty get Change in this country must happen band and I have been supporting for
into their minds and hearts. Their focus from the ground up: enforcement agen- eight years. These local women will be
is not on their poverty, and this is what cies are pressed to their limits, domestic selected by the orphanage owner, Mad-
keeps them going. They usually have life is out of control and government hava Rao, and it will be a trial model
one meal a day and work all day for agencies cannot be asked to do any which we can hopefully repeat in other
that meal; they live in two-room more. This change has to come remote villages in the region.
huts, cook on a fire outside from neighbours knocking on
alongside their ani- mals the door and asking if things
Mercy and Grace orphanage
owner Madhava Rao (see sto-
ry) has built a school in a vil-
lage beside the sea which
previously had no
school at all.
Left, Sally Boom
distributes soap,
toothbrushes
and toothpaste,
biscuits and
pens to some of
the 200 chil-
dren at the new
school.Page 12 FEATURE
Ashburton Justice PAULINE HEWSON tells the story of Community
House Mid Canterbury. Pictures: NOEL LOWE
Truly, a Community House
“T
his is a big day for the Ash- Piece by piece the tragic story unfolded. Ashburton Resource Centre, acting as
burton community. It’s a An entry in our farm diary for that day a hub for social service groups, it had
day that only came about simply states: “ … dreadful situation continued to grow. A building had been
because of the courage to in Ashburton today – three people shot leased in 1996 and refurbished before
move on.” at WINZ office at point blank range . . the Canterbury earthquakes. Some 30
With these words, in April 2016 Ran- . two dead, another in hospital badly organisations were renting office space
gitata MP Jo Goodhew, the then Min- injured. Gunman escaped to river bed – and approximately 28,000 people a year
ister for the Community and Voluntary eventually caught eight hours later …”. were visiting the building.
Sector, declared the new Community The Mid Canterbury area came of age However, after the quakes the build-
House Mid Canterbury officially open. that day. We realised we were as vulner- ing was declared below code and was
The story of Community House is an in- able as any other part of the country. evacuated within 48 hours. Temporary
spiring one – the positive story of some- The WINZ office was moved imme- premises had to be found. A smaller
thing wonderful arising from a commu- diately to temporary quarters near the space meant only a third of their ten-
nity tragedy. police station. For several months the ants could remain and this impacted on
The tragic shootings at the Ashburton former office stood empty. Flowers con- visitor numbers and income. However,
WINZ office on September 1 2014 tinued to be left at the main entrance for many community groups continued to
caused a dark cloud to descend over the several weeks, creating a very poignant operate and deliver services to the pub-
community. On that day the first many reminder of the horror of that day. lic – including our own JP signing ser-
residents heard of the tragedy was an Meanwhile, across the road in a small vice each week.
unbelievable news bulletin, almost like building behind the Westpac bank, vol- The Community Trust was able to
Charlie Chaplin or the Keystone Cops: unteers from Community House Mid source some funding through the Min-
“ . . . man, brandishing gun, escaped on Canterbury were serving the public. istry of Social Development. So a feasi-
a bicycle . . .”. What was going on? Originally established in 1994 as the bility study to find more suitable prem-
ises had begun. These premises needed
to be near the central business area and
close to other social agencies. Possible
locations were being identified before
the September tragedy.
After the events of September 1 2014,
the Government decided to relocate the
WINZ office permanently - they knew
they couldn’t expect staff to work there
again. The building was put up for sale.
The Community Trust realised immedi-
ately that this building would suit their
needs but would need extensive reno-
vations. At first there was some nega-
tive feedback – understandably, some
thought the building should be demol-
ished. But eventually a mammoth effort
began to raise funds to meet the $1.1
million pricetag.
KFC has donated a mini-van for the use of Community House clients.Page 13 FEATURE
From left,
Southern
Regional
Representative
Gavin Evans,
Community
House Trust
chairman John
Driscoll and
Federation
President Denise
Hutchins enjoy
checking out the
well-stocked play
area.
and KU2D evenings
are now held at Com-
munity House.
Federation President
Denise Hutchins and
Southern Regional
Representative Gavin
Evans were both very
With a large donation of $500,000 from
impressed with the facilities they saw
the Ashburton District Council the fund
during their visit to Ashburton for the
was under way. Other substantial dona-
association’s AGM in November.
tions were received from the Commu-
nity Trust of Mid and South Canterbury, Two meeting rooms are available for
the Lion Foundation, the Advance Ash- tenants’ and public use. The larger
burton Community Foundation and the room seats approximately 50 people,
Lochhead Foundation. Anonymous and while the smaller room accommodates
smaller donations were received and 20 people and is suitable for use as a
with a grant from the Lotteries Board, boardroom. Grants from Rotary and the
the building was purchased. Ashburton Road Safety Council have
enabled the rooms to have a data pro-
The first challenge was to renovate the
jector, digital whiteboard, printer and
building so it would be internally un-
television.
recognisable. People should not need
to feel concerned about returning to a Legal and financial advice was supplied
place with such a sad history. The main by local firms. Donations of furniture,
entrance was shifted to the left side of funds for gardens, artwork, children’s
Federation President Denise play equipment and many other things
the building and major changes to the Hutchins inspecting the
internal layout were begun. have made this building, once a scene
memorial erected in memory of mayhem, into a welcoming and well-
The trust received incredible commu- of the victims of the shooting appointed hub for the town.
nity support. JFK Homes undertook the tragedy.
alterations and the building was soon Recently a 12-seater mini-van has been
completely changed inside, had been donated by the Haskett family (owners
repainted inside and out and new car- Many original tenants have returned, as of KFC) and Ashburton Toyota. This
pet installed. The new entrance worked well as new groups. Permanent tenants van is managed by Community House
well and the gardens were replanted. as well as casuals ensure that the cen- but is available for use by the whole
tre is full and busy. A receptionist has community.
A community memorial outside the
building acknowledges the two women been employed as well as a facilities The Trust, which has overseen this
who died. It was funded by the Ministry manager. whole project, must be congratulated
of Social Development, private dona- One of the casual tenants is the Ashbur- for their foresight, and vision. Well
tions and Community House. Tenants ton Justice of the Peace Signing Centre. done to all involved, and to the Ashbur-
moved in during March and a bless- A small annual grant is given by the ton community for the wonderful sup-
ing ceremony marked the occasion. Advance Ashburton Community Foun- port for the project: it truly is a Com-
The memorial was unveiled in April by dation to the association, and this cov- munity House.
the Mayor, and Jo Goodhew officially ers rental, advertising costs and other
opened the complex a few days later. expenses. The signing centre is well
used by the public. Council meetingsYou can also read
