What is it? QUARTERLY - Mystery item baffles JPs - Auckland Justices Of The Peace Association
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July 2019
Volume 88 Number 2
Justices’
FIAT JUSTITIA
RUAT CAELUM
QUARTERLY
What is it?
Mystery item
baffles JPs
PRESIDENT’S PAGE
Seeing the bigger picture
Tēnā koutou. to contact your association registrar. Regional
conferences are open to all association members
There are times in our busy lives when there is a and your presence is valued.
pause in the busy-ness of work and home, just
for a moment, and often at the most unexpect- During that brief moment of solitude and
ed times. precious thinking space that I alluded to at the
beginning of this column, my chain of thought
Recently I had one such breathing space away led to the concept that wisdom comes with
from the hustle and bustle, and I was able to sit age (or, as Oscar Wilde commented, sometimes
back and ponder. In that moment, as I watched a age comes along all by itself). I am sure you will
weather front push rain clouds ahead of it, with agree that being wise doesn’t mean the lessons
a keen sense of delight at the autumn colours stop showing up, just that we keep learning
being scattered by the wind, that I recognised from them. My point is that it’s a process, not a
that sometimes it is difficult to take our eyes destination.
off the small things and think about the bigger Federation President
picture (or vice versa). As we reach the third anniversary of the in-
Rachael O’Grady troduction of the voluntary Accreditation
For Board members in any organisation, the programme, it seems appropriate to reinforce
governance role is equal to overseeing the forest that learning is an ongoing process and that as Justices it is
- the big picture “stuff” of looking to the future, looking back important that we regularly attend education sessions. Since
and being accountable for the organisation’s performance, the inception of Accreditation, the Board and associations
looking outwards on the shareholders’ behalf, and looking have energetically promoted the importance of becoming
inwards to be a good employer. These were among the con- accredited as Justices of the Peace, to demonstrate to the
cepts considered by Federation Board members during the public that competence is maintained. It is encouraging to
inaugural Board induction day in May. note that there are associations with over 60 per cent of
During discussions the Board also took time to reflect that as their members accredited. However, there is still work to be
Justices we deal with what a client wants, and in that process done, with the total number of Justices accredited nationally
we know what we do and how we do it. But do we ever stop remaining static at around 39 per cent. As Benjamin Franklin
to ask ourselves why we do what we do as Justices of the is quoted as saying: “Tell me and I forget. Teach me and I
Peace? For me, the why is everything. The why goes right to remember. Involve me and I learn.” Your local association is
the core of what brought me to the role: the values, sense of committed to involving you so be sure to be in attendance at
community, service and the desire to make a contribution. the next education session.
Each of you will have your own reasons for offering service I’m incredibly proud of the constant energy put in by our
and time to others. Each of you will have a framework of association educators and the Federation staff in ensuring
values that underpin your commitment to the office of Jus- that as an organisation we’re providing the best possible
tice of the Peace. Those values are a useful compass to help educational support to Justices to learn or refresh. Those
navigate decisions that are made on a daily basis. As an or- individuals who put their hand up for additional roles within
ganisation it is important that from time to time we remind their associations deserve our added appreciation.
ourselves of what our foundation values are and take note In May judicial educators gathered together at the Welling-
of any changes or refinements, just so that we know who we ton District Court for the training seminar designed to ensure
are and what we are doing and why we are doing it. association educators are well-equipped and enabled,
Regional conferences provide wonderful opportunities to empowered with all the right information and resources to
engage Justices in collective thinking around maintaining enhance learning and opportunities for their association
our relevance as Justices of the Peace in this day and age; colleagues. Completing the round of seminars facilitated
about being sharp in our practice and working towards by the Federation for 2019 were the annual seminars for
common goals. It is now also several months since the Feder- the current cohort of Visiting Justices held during June in
ation Conference in Blenheim and the Board has been hard Christchurch and Auckland. Thank you to those who have
at work on your behalf addressing projects on the annual contributed and been involved in these.
work plan including the remits that were passed and matters Amongst those in the Queen’s Birthday Honours, 14 Justices
raised at the AGM. The Board is also continuing to engage were recognised for their achievements and contributions
with the Associate Minister of Justice and Ministry of Justice to organisations, service groups and communities, including
officials as we seek to identify workable mechanisms for former Southern Regional Representative Neill Price. Con-
monitoring and enhancing competency for all Justices of the gratulations to them all.
Peace. Progress in these areas will be covered at the regional
conferences. On a sadder note I acknowledge the recent passing of Sir
Grant Hammond, a past President of the Law Commission,
This issue of the magazine is always significant to our mem- and a strong supporter of the Federation and Justices gener-
bership, in that it promotes the annual regional conferenc- ally.
es, scheduled for August. Those involved in hosting and
facilitating the regional conferences endeavour to make In keeping with some of the key messages in this column I
them engaging and socially enjoyable events. Regional rep- close with this whakataukī: Ma whero ma pango ka oti ai te
resentatives are putting together programmes that are both mahi - If everyone does their part, the work will be
stimulating and informative. If you have never attended a complete.
regional conference I encourage you to take the opportunity
to attend. You are likely to be pleasantly surprised. For fur-
ther information about the conference in your region be sure Rachael O’Grady
THE OFFICIAL JOURNAL OF THE NEWS 1
More judges on the way
Budget 2019 is providing more better supported.
judges to help speed up the Dis-
trict Court process while aiming to “This funding is a significant step
AND ITS AFFILIATED ASSOCIATIONS
improve the criminal justice experi- to improving the Criminal Justice
Te Kāhui Pou Whakatau Ture O Aotearoa System.
ence for victims, Minister for Courts
Andrew Little said last month. “The District Court deals with more
EDITOR: GEOFF DAVIES JP than 200,000 events a year and
Email: merlin81@xtra.co.nz “The Wellbeing Budget allocates
$54 million over four years for the the cap on judiciary numbers has
new judges. The funding will also prevented the court from dealing
NATIONAL OFFICE: TONY PUGH JP effectively with the growing work-
PO BOX 5005 WELLINGTON cover the additional justice sector
staff needed to ensure the judges load. Legislation passed straight
Telephone 04-918-8114 Fax 04-918-8034 can operate effectively,” he said. after the Budget has lifted the cap
Email: registrar@jpfed.org.nz accordingly.
Website: www.jpfed.org.nz “The additional judges will help
ISSN 2382-12164 (print) manage the District Court’s in- “The Chief District Court Judge has
ISSN 2382-1272 (online) creasing workload, improving New a statutory responsibility to allocate
Zealanders’ ability to access justice judicial resources in the District
FIAT JUSTITIA RUAT CAELUM and reducing the toll that delays can Court, Family and Youth Courts and
Let justice be done, though the have on people’s mental, emotional will work with the Ministry of Justice
heavens may fall and physical wellbeing. who support the courts to decide
where additional judges will be
July 2019 VOL 88 No: Two “This funding also supports victims most needed,” Mr Little said.
of crime and their families by allow-
CONTENTS
ing them to have their day in court
From the National Manager 2 sooner. ON THE
Tech Tips 4 “The Coalition Government has COVER:
Education 5-12 committed to reforming the Crim- What is it?
inal Justice System to ensure there Mystery
Letter to the Editor 13 is less offending, less reoffending, solved P16
For the love of the game 14 and fewer victims of crime, who are
Crossword 16 Moving
Hubbard inside back cover with the
Appointments outside back cover times
Members have
FEDERATION OFFICERS the option
of reading
Patron: The Rt Hon Dame Patsy Reddy GNZM the Quarterly
QSO Governor-General of New Zealand
online via a
President: Rachael O’Grady JP link rather
Immediate Past President: than receiving
Denise Hutchins MNZM JP a hard copy.
Vice-President: Terry Byrne JP To take up this
Northern Regional Representative: offer please
Nigel Tate JP advise the
Auckland Regional Representative: office by email:
Garry Nicholls JP administrator@
Central Regional Representative: jpfed.org.nz.
Sheridan Hickey JP Telephone re-
Southern Regional Representative: quests will not
Lindsay Dow JP be processed.
Honorary Solicitors: • If you have
Buddle Findlay already asked
National Manager and Registrar: to discontinue
Tony Pugh JP MBA BBS ACA the hard copy
Professional Development Advisor: but are still
Shinae Skelton BA LLB getting it,
Administration Officer: Sarah Gillard BCA please
advise the ad-
Editor Justices’ Quarterly:
Geoff Davies JP ministrator.
NEWS 2
TONY PUGH reports from the Federation office
FROM THE
NATIONAL MANAGER
Regional conferences please discuss this with your local association
Regional conferences provide an opportunity for president or registrar. Associations who provide
networking with members from neighbouring a court panel are considering their succession
associations, hearing some interesting speakers, plans and it is important that suitably qualified
attending some education sessions, and hearing and able Justices are available for court work in
how other associations are tackling issues you the future. The study programme is supported
may also be experiencing. by a local mentor and regular contact with the
national Professional Development Advisor.
If you are interested in attending, please con-
tact your association – the conferences are not Merchandise
restricted to association council members. A range of Justice of the Peace merchandise is
• August 3: Central Regional Conference (North available from the Federation: pens, scarves/ties,
Island) – Palmerston North (hosted by Tarana- gate plates and postage stamps. Ordering infor-
ki) mation is available on the website.
• August 10: Central Regional Conference • Note: The merchandise advertisement on
(South Island) – Nelson (hosted by Nelson-Tas- P1 of the printed April Quarterly was out
man) of date – that on P1 of this issue is correct. I
apologise for the error. – Editor
• August 24-25: Southern Regional Conference
– Gore Judicial Trainers Seminar
• August 31-September 1: Northern Regional A Judicial Trainers Seminar was held in Welling-
Conference - Tauranga ton over the second weekend of May. Judicial
trainers from nearly all associations were able
• September 22: Auckland Regional Conference to attend (although unfortunately airport fog
and AGM disrupted some well laid plans). Speakers includ-
Judicial Studies Course ed the Principal Youth Court Judge, Judge John
Enrolment applications for the 2020 Judicial Walker, a forensic liaison nurse, and judicial secu-
Studies Course close on November 29 2019. If rity and court rostering staff from the Ministry of
you are interested in undertaking the course, Justice, who provided insights into their areas of
expertise.
Principal Youth Court Judge John Walker addresses the Judicial Trainers Seminar.
NEWS 3 Conference minutes Contact by overseas institutions The Federation Board has provisionally approved The Federation office is increasingly fielding the minutes of the 2019 AGM held in Blenheim. inquiries from foreign institutions requesting The minutes are available to members on the contact details for Justices who have witnessed website. documents destined for overseas use. This is Complaints often an indicator that the Justice has not sup- Unfortunately, the Federation office continues plied sufficient information – readable name and to receive complaints about Justices who have number – for the institution to be able to iden- failed to deliver quality service. Sometimes this tify and contact the Justice. Anti-money laun- is due to changes in legislative requirements, but dering legislation in foreign jurisdictions places often the root cause of the failure can be iden- different obligations on financial institutions tified as the Justice not keeping up to date. The to the New Zealand requirements. Justices are Accreditation programme helps identify areas strongly encouraged to ensure that their name is which may have changed since a Justice was ini- legible and that their Justice of the Peace num- tially trained. Attendance at regular education ber is used on all documents. programmes can help minimise the likelihood of a complaint being made. National Conference 2020 JP (Retired) The National Conference and AGM for 2020 will Since legislation was introduced in 2007 allow- be held in Hawera, South Taranaki, from Friday ing Justices to apply for Retired status, over 2100 February 28 to Sunday March 1. Attendees Justices have been granted permission to use JP should make early accommodation arrange- (Retired). A recent amendment allows a Justice ments – check with your local association for de- to apply, under special circumstances, for Retired tails. Taranaki is a busy and popular destination status before completion of 10 years’ service. at the time of the conference. BOOK YOUR FREE HEARING CHECK. Take the first step to better hearing by booking an appointment at one of our 110 Bay Audiology clinics nationwide. Free hearing checks available for people aged 18 and over. | bayaudiology.co.nz BOOK NOW on 0800 700 862
4 TECH TIPS
Become computer-savvy Compiled by
SARAH GILLARD
Here are a few tips to is running low on charge.
help you become Charging your device all
“computer-savvy”. day can reduce the battery
life.
Conquer your fear
Stay connected
Fear holds us back from
living our best lives. While It is okay to switch off
exploring a new thing can your computer when you
be intimidating and scary, are not using it - you can
you know that you will get switch it on every now and
better with time. You have then to see if you have any
not come this far in your new messages, for example
life by being timid, but by once or twice a day.
being brave.
sist you, but not to worry: Google However, don’t switch off
Look back at things that you is your friend! Once you are con- your phone - that could prevent
were once afraid of that you now nected to the Internet, you can people from reaching you in real
enjoy – maybe making a speech use Google to find out anything time.
or dancing, and see how you you need to know.
conquered that fear. This too will Search history
For example, if you search “How
be fun. If you share your tablet or com-
to use Microsoft Word”, Google
Have a positive and open atti- will provide you with count- puter with someone, such as
tude less detailed results. Follow the your spouse or your grandchil-
instructions that are simplest to dren, but you want to keep your
It is true that your attitude de- you. activities private, always delete
termines your altitude. Have an your search history when you
open attitude towards learning Basic settings finish a session.
about computers and the Inter-
Making simple adjustments to Most things are free
net.
basic settings to suit your needs,
Your friends and colleagues have such using a larger text size and In the “real world” most things
probably said some negative louder sounds, will improve your are not free, but on the Internet
things about “computers” but experience. they are. According to a BBC
now is the time to let that go article, an application for count-
Write down your passwords ing your calories or playing your
and find out on your own. You
may really like the experience As you get older you may experi- favourite puzzle will not cost
and even find it exciting. ence some level of forgetfulness. you a thing. However, be sure to
This is quite normal. It is there- check first.
Reach out
fore advisable to have a backup Read reviews before buying
Do not be afraid to reach out plan. Write down new passwords items online
and ask for help when you make and keep them in a safe place so
the choice to learn about tech- that in the event you log out and If you want to buy a particular
nology. Most young people are forget, you can always get them product or use a certain service,
really good at this and will be in hard copy. say booking a hotel online,
more than willing to help. online reviews are very helpful.
Take your time Most companies will not be
This could also be a great time to honest about their shortcomings
Take your time as you explore
spend time and bond with your on their website, but a reviewer
this new field. Take short breaks
children or grandchildren. If you will be.
when you feel exhausted. Don’t
are an older person who is still
be too hard on yourself. Be pa- Virus/malware scanning
working you could request your
tient and know that you cannot
younger colleagues or someone Invest in good antivirus software;
learn everything in a day. After
from the IT department to spend this is a great way to keep your
learning a new skill, take time to
some of their breaks teaching information protected. The good
practise it repeatedly so that you
you. news is that most computers
really understand it.
Google nowadays come with inbuilt
Battery virus and malware software and
In some cases, you may not have the scanner is quite user-friendly.
Only charge your computer, tab-
someone physically there to as- - www.aging.com
let, or phone when the battery
EDUCATION – July 2019 5
From the Professional
Development Advisor Shinae Skelton
Become a Judicial Justice of the Peace
Every year the Federation runs the Judicial Studies Course for Justices of the
Peace wanting to become Judicial JPs.
Justices from all walks of life are encouraged How do I apply?
to apply. As part of the District Court structure,
court panels are expected to be diverse and to Observe a Justice of the Peace court in action
reflect the community. before applying to join the course. It is important
that you understand the demands of the role
Should I apply for the course? before applying. Your association can help you
arrange a court visit.
If you have the qualities to make a good Judicial
Justice of the Peace and the ability to complete Applications are made to your local association
the coursework you should apply for the course. who will arrange an interview.6 EDUCATION – July 2019
About the Judicial Studies Course
The online course You will need to attend court to observe pro-
ceedings and learn about court processes. This is
Students spend six months working through a arranged by you and your mentor around your
series of online modules. The modules are ac- personal schedule.
companied by readings from textbooks and the
Judicial manual. Are you prepared to study?
Students can study at their own pace but must The Judicial Studies Course is a tertiary level
submit three assignments by the due dates. Stu- course.
dents must also write about two visits they make
You need not have attended university to suc-
to court and complete an academic journal.
cessfully complete the course. This course will,
Mentoring however, require you to draw upon similar skills.
Associations assign each student a mentor who You will need to be able to:
has experience as a Judicial Justice. Mentors act
• study effectively by yourself
as a support and a guide for their student during
the course. • read and understand academic texts, legal
cases and legislation
The mentoring function continues after students
have completed the course and joined a court • write assignments of 3000-4000 words
panel.
• learn, explain and apply ideas.
Practicum
This course is designed to prepare Justices to un-
Students who pass the online course will be invit- derstand and apply the law in a reasoned way.
ed to attend a two-day practicum in Wellington
at the end of the year. Students practise and
Are you comfortable working online?
demonstrate practical skills on the bench. You will need to be comfortable with computers.
The bulk of the coursework is online.
Do you have enough time?
You will need to search for legislation and cas-
The course is estimated to take at least 200 hours
es online. Most of the communication you will
of the student’s time.
receive will be via email. You will also be writing
From the beginning of April until the end of Oc- and submitting your assignments electronically.
tober, you will need to put aside about eight to These are skills that Judicial Justices of the Peace
10 hours a week for study. need.
A few questions . . .
If you have any questions about the answers please discuss
them with your local training team in the first instance.
• Can someone make an oath using an electronic bible?
• Can I certify a copy of a document that is clearly a copy?
• Can I make a certified copy of an identification document
that has expired?
• If I have forgotten my username or password for the Justice of the Peace website, what do I do?
• Can I certify a copy of a document when I have been shown the original on Skype?
• Answers P12EDUCATION – July 2019 7
Being a Judicial Justice of the Peace
The criteria for
being a Judicial
Justice of the Peace
can be found on the
website.
Go to the “General
Information”
section of the
Judicial Studies
Course page.
Skills You may be perfect for Judicial Justice of the
Justices of the Peace rely on a number of skills Peace work and not know it.
when sitting in the District Court. These skills If you are still unsure whether you would be
include the ability to: suited to this role, speak with a local Judicial
• communicate ideas clearly Justice of the Peace. If you do not know one,
your association will be able to refer you to
• listen to and analyse information
someone.
• make reasoned and impartial judgements
If you would like to discuss the course, make
based on relevant information
sure to discuss it with someone who has com-
• speak and write English fluently. pleted it recently - some people completed
Look at the website for a comprehensive ex- the course when it was arranged by a differ-
planation. ent provider, the Open Polytechnic.
Availability Why should I apply for the course?
Are you available to attend court on a regular • Surprise yourself with what you are capable
basis? Some court panels may arrange for you of.
to sit on weekends and public holidays if you • Contribute to your community in a unique
are not able to attend court on a weekday. way.
Talk to your association to understand how • Form collegial relationships with like-mind-
Judicial Justices of the Peace are rostered in ed Justices of the Peace.
your area. • Meet interesting people working in the
Commitment criminal justice system.
Judicial Justices must be committed to on- • Learn new skills and develop the skills you
going development. Justices participate in have.
regular development sessions and continue to • Learn about the law, the criminal justice
read their manual and relevant legislation. system and how New Zealand District Courts
function.8 EDUCATION – July 2019
Expect a
phone call
Some overseas jurisdictions, such as the United Kingdom, require organisations to speak
directly to the person who certified documentation for their client or verified their client’s
identity. If you complete paperwork bound for an organisation based overseas, expect a
phone call to verify that you are the JP who signed or certified the documents.
To make the process easier for all involved, re- available on the Federation website. If you are a
member to: frequent email user, include your email address if
you are comfortable doing so.
• Write your name clearly or use your stamp.
• Ensure your contact details on the website are
If the organisation is unsure of your name, they up to date.
will be unable to verify that you are a Justice of
the Peace. Most organisations will look for your contact
details on the website.
• Include your JP number.
• Keep your record/logbook up to date.
Your handwriting may be clear to you but look
like a doctor’s scrawl to others. Your JP number You may receive a phone call months after you
can be easier for others to read and is an admin- met the client. With an up-to-date logbook, you
istrative number that the Federation can use to can accurately confirm that you signed the docu-
identify you if the organisation cannot clearly ment in question.
read your name.
Point six of the Code of Conduct says that we
• Include your contact details. must “maintain a record of activities, provided
the information stored is not used in any manner
Some documents ask you to write your contact contrary to the Privacy Act.”
details. Write the details that you have madeEDUCATION – July 2019 9
Alternative arrangements
Sometimes you must decline to complete a task, but you can still be of ser-
vice to your client.
There are many If you are meeting
circumstances in with a client per-
which it is advisa- sonally, it is a good
ble for a JP to send idea to talk to the
their client away. client beforehand
Your final step, once to gauge how much
you have declined time your meeting
to deal with a task will take. Even so,
and have explained you can still be sur-
your reasons for prised by breadth of
doing so, should be the task presented
to help the client to you by the client.
to make alternative Try to find another
arrangements. mutually agreeable time or direct them to an-
other JP or the website.
Making alternative arrangements involves help-
ing your client to figure out what they should do You do not have jurisdiction, or your jurisdiction is
next. Read the suggested alternative arrange- unclear
ments below but note that this is not a conclu-
sive list of issues and solutions. If you do not have jurisdiction, direct your client
to someone who does. Do not direct your client
Information/documentation is missing to someone you guess will have jurisdiction. For
instance, avoid sending your client to a notary
If your client does not have all necessary infor- public, where they will incur significant expense,
mation with them (for instance, they haven’t unless you are certain that a notary public is
brought a copy of their marriage certificate to needed.
attach to an application for marriage dissolution)
the practical step is to explain what information Instead, when it is unclear who may complete
is needed and discuss meeting the client later. the task, direct the client to someone who might
answer this question. Recommend that the client
You are unable to meet the client contact the organisation who will be receiving
the paperwork. If the issue is a legal one, Com-
If you are unable to arrange a mutually agree-
munity Law may be able to advise your client.
able time to meet the client, direct them to the
“Find a JP” section of the website, another active You will not know what the next step is in every
Justice in the area or to a local service desk. situation and you are not expected to know. The
point is that Justices can be of service to clients
The client’s task is too time-consuming
even when they cannot personally complete the
Associations may have processes in place to deal task asked of them. Every situation is different,
with this when it occurs at a service desk. You and solutions will not be uniform. This is where
may, for instance, arrange to meet the client per- your ability to be flexible and pragmatic is valu-
sonally later or refer the client to another active able.
Justice in the area.10 EDUCATION – July 2019
Prison visits
Section 162 of the
Corrections Act 2004
enables a Justice of
the Peace to enter a
prison and examine
the prison and the
condition of the pris-
oners and to inform
the prison manager
of their observations.
Under this section,
communication with
prisoners must be
strictly in relation to
the prisoner’s treat-
ment and a complaint
that the prisoner
makes about their
treatment.
However, do not visit the their treatment. 162, the proper process is to
prison if you receive a re- refer this request to your as-
quest from someone to enter Often the prisoner’s lawyer sociation and the Federation.
a prison under section 162. will make a request on their
Follow the process outlined client’s behalf. Your association will discuss
below. this request with the Fed-
The proper process
eration and the requester.
Requests for Justices of the Someone inquiring about JP The issue may be referred to
Peace to visit a prison are authority under section 162 another organisation. There
very rare. of the Corrections Act should are many entities with au-
approach the Federation first. thority to investigate issues
Section 162 does not give within prisons who may be
On rare occasions, someone
Justices carte blanche to visit more suitable to deal with
may incorrectly approach
local prisons whenever they the complaint. A JP with ap-
an individual Justice of the
would like. A Justice of the propriate experience may be
Peace instead. If you are
Peace will be asked to visit asked to visit the prisoner in
asked by someone to exercise
a prison when a prisoner question.
jurisdiction under section
makes a complaint aboutEDUCATION – July 2019 11 Can I issue a search warrant or production order? Don’t sign! If you do not know if you have the power to sign a search warrant, don’t! Only some Justices of the Peace are author- ised to sign search warrants or production orders. Those author- ised to sign warrants are well aware of their jurisdiction. If you are unsure, this is a good indication that you are not authorised. Who can sign? Under the Search and Surveillance Act 2012 only Justices authorised by the Attorney-General may issue search warrants or production orders. These JPs are called issuing officers. JP issuing officers have undertaken the Federation’s online training course and have been approved by the Attorney-General to act for a three-year period. If asked to sign a search warrant If you are not an issuing officer, decline to deal with the application. Your local association provides a list of issuing officers to local police and other organisa- tions who have authority to apply for search warrants. Direct the applicant to look for a contact list at their local office or to contact your association registrar. Have you seen our Facebook page? The Federation now has a Facebook page. This page is intended to provide information about Justice of the Peace services to members of the public. Like and follow our page to spread the word to your non-JP friends and family.
12 EDUCATION – July 2019
Answers to training quiz How do I log in
• From P6 to the website?
Go to
Can someone make an oath using an electronic bible?
justiceofthepeace.org.nz
There is nothing prohibiting this. Section 3(c) of the Oaths and Dec-
larations Act 1957 notes “the oath may be administered and taken Select
in any manner which the person taking it may declare to be binding
on him.”
JP LOG IN
Can I certify a copy of a document that is clearly a copy?
This will depend upon the situation. In the Username box
First, there is no legislation setting out rules for certifying copies. write your last name
What you certify and how you certify will depend upon what the plus your JP number.
receiving organisation needs or will accept.
You must also be careful to be truthful when writing your certifica- bloggs1234
tion statement.
If the organisation is happy to receive a copy of a document that is
already a copy, you can certify. When certifying, make it clear in your Your last name should
statement that the document is a copy of a document presented to be lower case and
you as a copy. Do not state that the document was presented to you there is no space be-
as an original. tween your name and
number.
Can I make a certified copy of an identification document that has
expired? In the Password box,
Some organisations do not accept certified copies of expired identi- write your password.
fication documents. The South African Department of Home Affairs,
for instance, does not accept applications if the accompanying certi- mYPassword
fied copy is of an expired passport.
A declined application may have little impact upon a client. It may Make sure you only use
be easy for the client to return with an up-to-date identification upper case letters if
document. In other cases, a declined application may have pro-
found consequences for the client. If your client presents you with they were included in
an expired identification document for certification, ask if they have your password.
ascertained whether a certified copy of an expired document will be
accepted.
Feedback on
If I have forgotten my username or password for the Justice of
the Peace website, what do I do?
these pages
On the login page, select “Forgot password”. You will be asked to If you would like to give
enter your email address to “Retrieve password”. feedback or comment on
Your username and password details will be emailed to your email any of the articles in the
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trainer@jpfed.org.nz
Can I certify a copy of a document when I have been shown the
original on Skype? Please consider carefully
whether a phone call is
If viewing the original in this way is acceptable to the receiving or-
ganisation, then you can certify the copy. necessary as we may be
busy - but we do answer all
When certifying, make it clear in your statement how the original
document was presented to you. emails as time permits.13 LETTER TO THE EDITOR
To be or not to be . . .
I would like to begin by acknowledging the fine work and my JP number.
of the Justices’ Quarterly, in particular the Education
This appears to be in contradiction of current advice,
pages.
but I think we should revisit that advice.
However, recently I have noticed articles suggesting
In these cases (and there are many other examples) I
that when a JP is not performing a task that strictly re-
was contacted because I am trained in the execution
quires their formal Justice of the Peace authority, they
of routine documents. In the case of a will, it might be
should refrain from using their stamps and title.
many years, decades even, before it is implemented.
Whilst I understand fully that the flamboyant use of The use of my JP stamp is not to enhance my standing
a JP stamp to show off or to promote oneself must in the community but that as a conscientious prac-
be avoided, in practice I encounter many situations titioner, it allows my identity to be established for
where I struggle with the view that we should always many years to come.
refrain if the task does not require our JP position.
In addition, of all of the people at the bedside that
For example, wills. I work in a hospital, and hospital day, I might well be the only one who can be found
JPs work hard. Hospitals not only have many staff on in the future – for example, a female ward clerk who
site but many patients, who also need our services. A was the other signatory on the day could be married
reasonably common request is to witness a will. As and living in Australia under a different surname, and
Justices know, witnessing a will does not require the so would be pretty hard to find. My JP stamp and my
witness to be a JP. JP number will mean that, provided I’m still alive, I
will be contactable and will have a diary entry of the
When requested by the patient, ward staff ring me
appointment. I believe that this gives the client some
to see if I can assist. They ring me because they know
comfort in the robustness of the witnessing process.
that as a JP, I’m trained to recognise and understand
the detailed requirements of different documents. I support the constraints about the misuse of JP
The second witness to the will might often be the credentials, but I think that we need to be careful
ward clerk or some other willing person in the vicinity. that when Justices are using JP skills and training to
perform a public function, we protect their right to
My practice is that once I have checked the patient’s
formally identify themselves and to provide the client
identity and the document and we have initialled any
with some assurance of that professional approach.
amendments I will have the patient sign the will, the
other witness signs and inserts their address and then Chris Dever
I sign the will and insert my address. I then apply my Omokoroa
stamp which clearly shows my name, that I am a JP
‘You’re not always a JP …’
By Professional Development Advisor Shinae Skelton
In the April 2019 issue, the article “You’re not confirm the applicant’s identity. The witness must
always a JP …” discussed situations when you may have known the applicant for at least one year. This
carry out a task that does not specifically require a witnessing task is separate from the task of taking
Justice of the Peace. the applicant’s statutory declaration, which is in a
different section of the application.
When any person is authorised to complete a task,
rather than the task requiring a Justice specifically, Justices of the Peace have acted as witnesses, hav-
it is recommended that you do not use your stamp ing known the applicant for one year or more, and
or credentials. Using your stamp when it isn’t have stamped the relevant section of the applica-
required can sometimes lead to the validity of the tion with their stamp.
document being questioned.
This has led to the Department of Internal Affairs
Some Justices have asked for an example of this. questioning whether the applicant misunderstood
the requirements and approached a Justice of the
When applying for a New Zealand passport, appli-
Peace rather than a witness that has known them
cants must have a witness sign their application to
long enough to meet the requirement.14 FEATURE
For the love of the game of netball
Auckland JP ELAINE UTTING has been involved with Netball North Harbour for some 64 years – as
player, coach, umpire, treasurer and president. Her service to netball, one of New Zealand’s defin-
ing and most popular sports, and her other community service, was recognised with the award of the
Queen’s Service Medal last year. In this article she looks back on a lifetime’s labour of love . . . .
I entered my “Netball World” lovely guy called Jack Probert
when I was 10, playing at a King (he was a double amputee,
Country school where the only having lost both his legs)
two sports seemed to be rugby would be there every Satur-
(and of course that was only for day in his car to serve as our
boys in those days) and netball. timer/controller. He would
blow his horn for the start of
Teachers were the coaches – no
the game, half-time and then
outside person was encouraged
at the finish. We used to sell
to be involved. I was very short
chips and bottles of soft drink
but a very fast runner so could
out of a doorway … very
always get away from opponents.
humble beginnings indeed!
Big, tall girls always found that
they were penalised for contact- We were at that stage under
ing or obstructing me as I was so the umbrella of the Auckland
much smaller than them. At this Netball Association, but in
level we only played at school or 1966 North Shore became
against other schools at what we their own association and we
called “field days”. It was still a lot moved to Onewa Domain at
of fun, and we always enjoyed Northcote. We were thrilled:
Elaine Utting with Governor-General Dame
the trips. we had 10 courts and a
Patsy Reddy after her QSM investiture last
pavilion (albeit an old Scout
After I started at Te Awamutu year.
den). By this time netball had
College we travelled and played
become seven-a-side and it
further afield, in Hamilton and even as far as Thames.
was a much faster game.
I clearly recall busing all the way to Thames one day,
and the fog did not lift until nearly midday and then By the early 1970s the courts at Onewa couldn’t cope
came back down at 2pm so we did not play for very with the numbers playing on a Saturday so the prima-
long – but a day out of school made it all okay! ry division was told they could not be accommodat-
ed. However, I had the idea of starting up a primary
We played in gym frocks, long-sleeve blouses and
competition at Takapuna Primary School, which all
school ties, and, would you believe, black stockings
the primary schools on the Shore supported and off
(they got laddered during every game, which was
we went. I coached the Takapuna Primary teams and
not all popular with Mother). At this time the game
in 1972 they won the championship. (The primary
was actually called basketball and played by nine-a-
division still runs every Saturday at Pinehurst School at
side teams. We had three people in each third. Crazy
Albany.)
when you think about it now. But in those days ladies
were not supposed to run around getting all hot and It was at this point I joined the committee of the
bothered! North Shore Netball Association and after a short
spell I became treasurer. I umpired as well at this
When I left school and moved to Bayswater in Auck-
stage, and although I passed my provincial theory I
land, I joined Shore Rovers Netball Club, which had
never took umpiring exams any further, as being trea-
just changed their name from a company title, to
surer was really a full “part-time” voluntary job.
attract more players, and as women were not encour-
aged to play once they were married and had fami- My only disaster in umpiring was when I was umpir-
lies, they needed more players. (Their chosen colours ing a semi-final between two intermediate teams and
were green and yellow, copied of course by Australia!) as I had lost one of my contact lens that morning, I
had to wear glasses. The weather decided to let me
We still played in gym frocks as we did at school but
down and it poured so hard that I could not see the
each club had their own colour tie and sash – very
players, so we had to call the game off and replay an-
smart and fashionable! At this stage we were playing
other day. At least the score was a draw at that stage
on three courts at Takapuna Grammar School and aFEATURE 15
and the players were, I think, relieved that they could
play another day under better conditions.
It was as an umpire that I discovered that parents take
sport far too seriously, and many a time had to ask
parents to quieten down or leave the courtside and of
course, their daughter was never the one who con-
tacted, stepped or stretched the rules – it was always
the other player’s fault. Why is it that players are really
good at keeping to the rules but the parents/specta-
tors are often quite the reverse and are of course the
best umpires ….
In 1981 I was on a committee that organised the inau-
gural Golden Oldies Netball Tournament, which was
so much fun. We met “senior” players from all over the “Old school”: Elaine is second from left in the front
world. That tournament is still running with different row.
countries hosting it. I represented Shore Rovers but
we called ourselves Shore Ravers when we went to the
Australian tournament. started when weekend trading came into full effect,
and so many people were involved in positions that
I was president of North Shore Netball for five years
required them to work on a Saturday that volunteers
but unfortunately had to resign from the committee
just were not there in such numbers any more.
and umpiring, as my mother had had a stroke and I
was looking after her. I never gave up my supporter’s It’s the same in every voluntary organisation today.
role though, and also coached the lower teams of There are of course some volunteers still running
Shore Rovers Club. I just could not commit to going netball and I take my hat off to these people. Some of
out to evening meetings while I was taking care of her. them have been involved a very long time and obvi-
ously still enjoy what they do for all these players – I
I was never a top player, umpire or coach but I like to
guess it becomes a way of life.
think I was, and still am, a top supporter and scorer.
One bitterly cold and wet day recently (honestly, the I still get so much pleasure, every Saturday, regardless
rain was horizontal), I received a voucher for a free cup of the weather, just wandering around the netball
of coffee for being the “Supporter of the Day”. I was courts at Onewa Domain and watching all the differ-
flattered - until I noticed that I was the ONLY support- ent games at the different levels – when you are in an
er there at that time – the others all had more sense! atmosphere where there is so much competition, ca-
maraderie, and such good sportsmanship
When my daughter-in-law came up from
and they are all young, fit and beautiful
Christchurch after she met my elder son, I am
people you realise that there a lot of really
afraid she had no choice but to join Shore Rov-
good young people who enjoy what they
ers Netball club and she still plays and coaches
do and mean well.
in the club.
Outside netball, all the Justices of the
I am often asked why I committed so much
Peace I have met in the different areas of
of my life to netball when I didn’t have a
our duties have all been a joy to work with
daughter. I guess being brought up in small
and have always been a very supportive
towns where community support is what helps
part of my life.
through all the hard times, I always felt grateful
for all the help we received and was deter- Receiving a QSM last year came as a great
mined I would give it back. This attitude also surprise, and all my family and I will always
saw me involved with Meals on Wheels and Elaine is still a remember that wonderful day at Govern-
hospice duties. I have given a lot of my time to regular support- ment House in Auckland when Dame Patsy
various community organisations but I have er at the Shore Reddy officially presented me with the
been blessed with meeting a lot of really nice Rovers Netball award.
people who are friends to this day. Club.
My only regret was that my lovely husband
The whole structure of netball has of course Johnnie, who encouraged me in all my
changed now and nearly everyone is paid in some community services, had passed away in 2011 and was
form or another. All the time I was involved everyone not present to share this momentous occasion with
did everything for nothing. Even umpires get paid for me. He would have been so proud.
each game they umpire now. I think this must have16 FEATURE
Mystery solved: it’s a tipstaff High score for NZ
New Zealand has been ranked
By MICHAEL O’NEILL the second least corrupt coun-
try in the latest (2018) Corrup-
At recent professional development meetings focusing on “Justic- tion Perceptions Index.
es and the use of technologies, past, present and into the fu-
ture”, I introduced members of the Bay of Plenty association to a The index is published each
mystery item (right). Inscribed on the item is a crown, followed by year by international nongov-
“GIIIIR” then “James Ward 1830 S.C. M.P.S.” I also told them that it ernmental organisation Trans-
had a secret purpose. parency International. It ranks
180 countries and territories by
I am an avid garage sale attendee, and when I came across this their perceived levels of public
piece at such a sale, it was totally black and covered with thick sector corruption according to
muck. The owner told me that it was a tool he used for planting experts and businesspeople.
tomatoes, but it wasn’t until I started to clean it that the engrav-
The index uses a scale of 0 to
ing appeared.
100, where 0 is highly corrupt
Today it is not generally difficult to recognise a police officer, and 100 is very clean. New Zea-
but in the early days, before uniforms and proper identification land scored 87/100, one point
in the form of warrants, a constable or peace officer may well lower than in 2017. Our score
have looked like anyone else. It was in 1829 that Sir Robert Peel confirms that New Zealand
instigated the Metropolitan Police Service and introduced the continues to be perceived as
world to a new format of policing which became the foundation relatively free of corruption. In
of today’s police force. 2015 and 2016, we ranked first
equal with Denmark. – Justice
Early forms of identification used were tipstaffs (such as this) and painted Matters
truncheons. The tipstaff served as a means of identification and confirmation
The top 10:
of the officer’s authority and as a means of defence. Early examples such
as this one fulfilled a less obvious function – they had removable lids and • Denmark
hollow shafts into which Justices of the Peace and magistrates inserted mes- • New Zealand
sages to other Justices, court summons to be served and warrants for arrest. • Finland
These were carried safely by the officer to the intended recipient.
• Singapore
The use of tipstaffs was discontinued around the 1870s when painted trun-
• Sweden
cheons, much lighter and longer, gained favour along with other weapons of
defence issued, including a short sword and even pistols for some. • Switzerland
Across the three training sessions only one member was able to identify the • Norway
purpose and function of the mystery item. It wasn’t until additional pieces • Netherlands
including an old police whistle and handcuffs were produced that everything • Canada (9=)
fell into place. • Luxembourg (9=)
1 1 2 3 4 CROSSWORD
ACROSS: DOWN: loss
1 Preaching one 1 Expression of 10 Period under
5 6 7 thing, and doing surprise supervision
another 2 Disgust 15 Attain
5 Type of yarn or 3 Police facial photo- 17 Voice, express
8 9 10 11 fabric graphic recon- 19 Employ
6 Old Testament struction
book 4 David Sey- A R A C H N O P H O B E
8 Leave mour’s S C O I
12 11 GPS maker party L A M A I N F A M O U S
12 Bystanders 5 Mapping
18
A I T E A
13 Transcontinental refer- R U S S I A T R E A T Y
country in Eastern ring to
13 14 15 A E B I S T
Europe and North bound- L O N L O O K E R S S
Asia aries A M R I O A
14 Agreement, pact 6 Contrition
16 17 18 19 16 Spiritual leader 7 Asian T O M T O M D E C A M P
18 Notorious moun- E I A U N
20 Person with an tain R U T H C H E N I L L E
irrational fear of range
20
C U D D
spiders 9 Memory I C A L T H Y P O C R IHUBBARD
CERTIFIED TRUE COPY OF A DOCUMENT
PRESENTED TO ME AS AN ORIGINAL
JP RUBBER STAMPS
Signed Prestige Print (1965) Limited
Date PO Box 9256, Wellington
Telephone 04 802 5471
#1 Size: (38mm x 14mm) Price: $27.00 #6 Size: (20mm x 20mm) Price: $35.00
How to Order
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presented to me as an original For the fastest and easiest method order online:
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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:
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Signed City:
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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
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#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.
Anderson, Russell Kingsley, Alexandra Burke-Kennedy, David, Snells Beach
Bhambhra, Arun Kumar, Wellington Casey, Shane Francis, Feilding
Bhattacharjee, Sambol Kumar, Lower Hutt Downey, Stephen Peter, Dunedin
Bingham, Kathryn Ann, Auckland Dunkerley, Jane Irene, Havelock North
Brown, Fabrianne Cherisse Hurst, Lower Hutt Fortune, Warren Bruce, Havelock North
Cameron, Susan Lorraine, Papakura Franich, Debra Lynette, Orewa
Davidson, Katrina May, Leeston Grant, Danielle, Auckland
Davie, Jonathan Charles Mortimer, Tangiteroria Hameed, Sofia Nazneen Nisha, Auckland
Delaney, Kerry, Porirua Hamilton, Colin John, Waiuku
Dykstra, Michelle Maria, Motueka Harrop, Gillian, Auckland
Emery, Matthew John, Pahiatua Hicks, Lancia Ellenor, Auckland
Farrell, John Stevens, Auckland Humphrey, Hilary Jane Hammonds, Feilding
Fenemor, Susan Mary, Wakefield Jung, Changmin, Auckland
Fernandes, Valentine Oriano, New Plymouth Koha, Carole Irihapeti, Upper Hutt
Gallagher, Brian John, Pukekohe Malcolm, Jody Lyndsay, Whakatane
Gosavi, Nilesh Gajanan, Wellington Malone, Anthony James, Auckland
Gush, Mary-Ann, Waiuku Meiklejohn, Faye Maree, Auckland
Hassan, Kim Annette, Auckland Northey, Glenda, Auckland
Holland, John Douglas, Palmerston North Paringatai, Te Paea Frances, Christchurch
Jones, Martin Verdin, Upper Hutt Peat, Martin James, Christchurch
Kennedy, Michael Ralph, Upper Hutt Puka, Julia Wynnta, Auckland
McKenna, Alan Richard, Tauranga Quartermaine, Paulette Doreen, Dunedin
Moore, Maribel, Dobson Ravi, Radhika, Lower Hutt
Mortensen, Debra Marie, Whanganui Singh, Khushbir, Auckland
Mullally, Kaylene May, Christchurch Sloman, Rosemary Jan, Whakatane
O’Connor, Jennifer Anne, Lower Hutt Smeehuyzen, Dianne Judith, Dunedin
Patia, Selina Roimata, Auckland Sparks, Allan Ross, Kaiapoi
Rawson, Te Hiringa Harold Dean, Tauranga Tan, Valerie Tse Yeen, Dunedin
Riley, Tracey Jane, Christchurch Tapley, Carlolyn Jane, Christchurch
Sargeant, John David, New Plymouth Thompson, Nikki Adele, Auckland
Solomon, Alan Tane, Rotorua Yuen, Wai Han, Auckland
Tennent, David Lewis, Auckland Zhang, Zhijuan, Auckland
Turner, Gareth Clive, Wellington
Webb, Douglas Alan, Lower Hutt Dated at Wellington this 2nd day of June 2019
Wilson, Coreen Mary, New Plymouth Hon Aupito William Sio
Associate Minister of Justice
Dated at Wellington this 17th day of April 2019
Hon Aupito William Sio
Addition to list
Associate Minister of Justice
To the notice of appointments published in the April
Aalbers, Colleen Louise, Auckland Quarterly, dated March 6 2019, please add:
Armstrong, Jonathan Philip, Blenheim Fisher, David Peter, Ashburton
Baldwin, Paul James, Auckland
Dated at Wellington this 25th day of March 2019
Beatson, Linda Sheila, Motueka
Hon Aupito William Sio
Bidois, Joseph, Tauranga
Associate Minister of Justice
Brown, Karena Rae, Christchurch
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
