1. travel
2. tourist destinations
3. australia and new zealand

Justices’
Page 1
QUARTERLY
FIAT JUSTITIA
RUAT CAELUM
Spring 2014
Volume 83
Number 3
Conference season
in the regions
Page 2
K
PRESIDENT’S PAGE
1
A rich contribution
marker or opportunity comes into view.
a tangi te pipiwharauroa, ko nga
The baton analogy can also be likened to
karere o Mahuru. When the shining
te rākau, both the challenge stick laid down
cuckoo calls, spring is heralded.
at a pōwhiri and the invitation to speak durE ngā kai-whakawā manaiti o
ing a hui.
Aotearoa, ko tēnei taku mihi mahana ki a
As suggested above, the future is a mixkoutou katoa. Fellow State-appointed ofture of factors to which we must react (the
ficers of the law (in the words of Past Presmarkers) and factors which we may idenident Gavin Kerr at the Central Regional
tify and help implement (the opportuniConference at Blenheim recently), a warm
ties). The Board was pleased to talk with
greeting to you all.
our Minister, Chester Borrows, during its
For the past 90 of the 200 years during
June meeting. When asked if he had any
which JPs have served New Zealand, 29
advice for JPs, without hesitation he chalassociations have been affiliated to the
lenged JPs to be more assertive, to promote
Federation (since 1967, the Royal Federaourselves. The Board will be following up
tion). What a rich historical contribution
this suggestion.
to New Zealand. Recently I have had the
This is association AGM season. Some
pleasure of attending events hosted by the
will be adopting changes to their constitu26th and 27th associations to affiliate to the
Federation President Graeme Kitto
tions at these meetings. All will be electing
Federation – at the same time. (Which asmembers to their councils. Councils, like
sociations are they and when did they affiliall other teams, benefit from having a mixture of energy and expeate? Answers below.)
In preparing for these events I was grateful for the historical re- rience. It is to be hoped members will be looking to achieve this
cords prepared by Past President John Lyall Noakes and Dick Wil- by having both long-serving and more recently sworn JPs elected
liams. In the future, we will also be able to refer to Philip Hark- to their association’s council. In addition, there are benefits to be
ness’s history of JPs in New Zealand and a further publication gained from ensuring the diversity of the membership of an asrecording the most recent chapter in our history being prepared for sociation is reflected on the council – either through election or,
the Federation’s centenary in 2024. It is to be hoped associations where it is provided for in the constitution, by co-option. Two
whakatauki (proverbs) that reinforce this are:
are also working on preparing or updating their own histories.
In recent months, many long-serving Justices have passed away, Ka pū te ruha, ka hao te rangatahi - interpreted as “when we’ve
taking with them significant historical knowledge and memories made our contribution, look forward to the contribution of newwhich may not have been recorded. Amongst them were Past comers”.
President John Andersen, the youngest JP when he was appointed
as a 30-year-old, who went on to serve as a JP for 60 years; and Mā whero, mā pango, ka oti te mahi – meaning that “tasks are
Edgar Crutchley, who was involved in the arrangements for and completed by people with different skills and experience in their
was the first tutor of the initial Judicial Functions Course offered complementary roles”.
through the Technical Correspondence Institute 36 years ago.
Our histories provide the foundation on which we build the infra- Nāku noa, nā.
structure for the future. As we look back we are reminded that JPs
and their organisations have had to constantly face the changes Graeme Kitto
presented through new and amended legislation and governments’
policies, and through changes in society. Such changes have regularly been reflected in the themes of and presentations to Conferences over the years. The Auckland association is continuing
this trend with its theme of “The Changing Skyline of Justice”
Strands of flax are
for Conference 2015. You will also see this illustrated in Terry
Carson’s book Built for Justice – Visits to old North Island Courtnothing in themselves,
houses.
The Board’s draft Strategic Plan 2015-20 is the next bridge from
but
the past to the near future. The feedback from participants at regional conferences is providing both confirmation of the direction
woven together
embodied in the plan and additional ideas that will be helpful in
fine-tuning the document. The Board is grateful to you for that and
looks forward to further feedback from time to time as it reviews
they are strong and enduring.
the plan and, if necessary, reshapes elements of it.
Knowing what the future will look like is of course something we
can only assess to the best of our collective ability. Each time I
don the Presidential Collar, I am reminded of the 49 predecessors
(since 1962) whose names are recorded on it. I liken it to having
been passed the baton in a relay, but a relay with a difference.
Rather than running round and round the known track, this relay Answer: The associations are Hutt Valley & Eastern Bays (now
is cross-country and requires a judgement call each time the next Districts) and South Taranaki. They affiliated in 1973.
.
NEWS1
Page 1
Get it in the Quarterly
Is your association having A BICENTENNIAL EVENT?
Make sure it’s covered in the Quarterly!
Contact the Editor: Geoff Davies – [email protected]
EDITOR: GEOFF DAVIES JP
Email: [email protected]
Phone: 04-472-5566
Telephone 04-918-8447 Fax 04-918-8034
Email: [email protected]
Website: www.jpfed.org.nz
A
Review of JQ
t the Federation Conference in Waitangi this year, the Board undertook to conduct a review of the Justices’ Quarterly as part of a wider
review of all communications.
To date this has involved consulting with delegates at regional conferences
and setting up a sub-committee to conduct the review. This committee has
a representative from each of the regions and terms of reference have been
drafted.
All Justices of the Peace will have the opportunity to contribute to the
review of the magazine, probably through a survey. In addition, each association will be asked for feedback to add to that gathered at the regional
conferences. – Kath Blair
Autumn 2014
VOL 83 No: THREE
END OF AN ERA
Emerging Leaders Programme 2
OBITUARY: John Andersen
4
From the Registrar 5
Education 7-10
Salvo 11
Crossword 12
Regional conferences Hubbard Appointments 13-16
inside back cover
outside back cover
Patron: His Excellency Lt Gen The Rt Hon
Sir Jerry Mateparae GNZM QSO
Governor-General of New Zealand
President: Graeme Kitto JP
Immediate Past President: Greg Weake JP
Vice-President: Denise Hutchins JP
Northern Regional Representative:
Rachael O’Grady JP
Auckland Regional Representative:
Wallis Walker JP
Central Regional Representative:
Kath Blair JP
Southern Regional Representative:
Gavin Evans JP
Honorary Solicitors: Buddle Findlay
Registrar: Alan Hart JP
National Education Officer: Sarah Loftus
Editor, NZ Justices’ Quarterly:
Geoff Davies JP
The latest graduates of the judicial practicum were the last to have completed
the Open Polytechnic judicial course for JPs, which was superseded by the
Judicial Studies course from July 1 this year. Congratulations to (back row,
from left) Jayne Lacey (Wellington association), Caryl-Louise Robinson (Hutt
Valley and Districts) , Patrick Waite (Wellington), and Ann Clark (Wellington).
Front row from left, Northern Regional Representative Rachael O’Grady,
Judge John Walker, and National Education Officer Sarah Loftus.
ON THE COVER: Justices around the country have attended the annual regional conferences in recent weeks. Northern Regional Representative
RACHAEL O’GRADY took this issue’s cover picture as Justices gathered for
day one of the Northern Regional Conference on August 30. Story: P13
Page 2
EMERGING LEADERS
Developing our
future
leaders
By Federation Vice-President
DENISE HUTCHINS
T
he Federation’s first Emerging Leaders Programme
(ELP), unveiled at Conference 2014, was held in
Wellington over July 26-27.
The Justices of the Peace Education Trust
indicated its intention to establish the programme (the Gallagher Charitable Trust
Professional Development Programme for
Emerging Justice of the Peace Leaders, to
give it its full name) at Conference 2013 in
Oamaru.
The programme’s primary aim is to prepare
selected Justices of the Peace for leadership
positions within associations. If those people go on to hold regional and/or national
positions then that will be an added benefit.
Justices of the Peace by their very nature
are often people with backgrounds that have
included leadership roles in a variety of settings. Leadership in the not-for-profit sector brings with it challenges of its own and
preparing JPs at association level will assist
in providing a sound base for the changing
environment in which JPs find themselves,
now and in the future.
The Education Trust spent the year between
Conferences developing the concept for the
programme and seeking sponsorship. We
are very fortunate that the Gallagher Charitable Trust (the sponsorship arm of a wellestablished Waikato-based company) agreed
to sponsor the programme for this year and
2015, providing $10,000 each year.
While sponsorship from the Gallagher Trust
has enabled us to proceed, the primary purpose of the programme is to ensure associations have a sound base for future development. Associations are required to contribute
$350 per participant to assist with costs, and
the Education Trust provides funding of
$5000 for each of the two years.
The programme is administered by the Federation, and is open to all JPs who are members of an affiliated association. It is being
held in both 2014 and 2015 to enable at least
one JP from each association to participate.
Applicants are identified by associations
and selection for the course is made by the
Federation Board, ensuring equitable representation between regions.
The ELP is a residential programme with
participants expected to attend in full. It is
conducted by an external facilitator, and
internal and external experts contribute according to the subject matter. The content
covers:
• individual leadership style
• how to work with people/group dynamics/
team building
• governance in the not-for-profit sector
• the role of the Federation and the relationship with the Ministry of Justice
• communication: tips and tricks, for members and the community.
Participants’ travel, accommodation and
food costs are covered, along with programme materials. The Federation will be
calling for applications for the 2015 programme early next year, and we encourage
associations to start now in considering who
they would like to nominate.
Page 3
EMERGING LEADERS
Journey of discovery Lifting our thinking
Hauraki association JP Peter Pritchard found that
the ELP was ‘two days of fast-paced learning’ . . .
T
o be honest, I wondered
what I was getting into
when I arrived at the
Brentwood Hotel in
Wellington as one of 15 participants (representing 14
associations) in the inaugural Emerging Leaders Programme.
Before the course, Federation
Registrar Alan Hart had sent
me two A4 envelopes full of
pre-course reading material
(pretty heavy stuff too I might
add – Federation Constitutions, presidents’ manuals,
registrars’ manuals, leadership
and governance training materials etc), so I was mentally
prepared for some serious lectures.
I had put my hand up to attend
the programme because I felt
I might actually learn something. I hadn’t been on any
personal development courses
for quite some time, and I was
looking forward to a new challenge, but this material was
setting the scene for a lot of
dreary theory!
Fortunately, that was not the
case. In fact quite the opposite occurred. Our trainer was
Ali Tocker from Tocker Associates, and she was fantastic. The course content was a
combination of Ali’s extensive
expertise and organisational
input from the Federation,
compiled into a comprehensive workbook to keep and
refer to in the future. It is invaluable, and I intend to refer
to it often.
The end result was two days
of fast-paced learning, working our way through the handbook on a journey of discovery, first about ourselves by
identifying our own individual
work styles, then learning how
to work with someone with
an alternative style. We made
“road maps”, we learnt how
to have “courageous conversations”, how to be effective
coaches, how to prioritise, and
how to analyse effective organisations, using something
we all had in common, our
own associations, as a base
model. The pre-course reading
helped here, as we also had a
session on how the Federation
is structured, how it interacts
with the Ministry of Justice,
and the challenges it faces.
Day two, and the skillsets and
ideas just kept on coming. The
beauty of the content was that
these tools can be used not
just in JP world, but also in
everyday life. After all, who
hasn’t had to have a “courageous conversation” at home,
or had to do some planning
at work, or had to coach or
negotiate or mediate a solution at one time or another?
We were often broken into
groups where we performed
role plays, or bounced ideas
off each other, and if nothing
else, we all realised that many
of us had actually had similar
experiences, or been in similar
circumstances, at one time or
another. We grew closer, and
dare I say bonded, just by sitting in a room and talking to
each other for two days.
I thoroughly enjoyed the experience, and I thank the Hauraki
association, the JP Education
Trust, the Federation Board,
and the Gallagher Charitable
Trust for giving me the opportunity to attend this weekend.
If I can remember just half of
it, then I feel as if I will be able
to be a more active participant
in all areas of my life, not least
of which is J.P work.
I encourage JPs in any leadership role, or who may be
considering standing for their
council, to put their hand up
to attend. You will come away
the better for it.
Yvonne Hawkins of Auckland found that the
programme has taken her to another level in
her association ….
F
irst, I thank the Auckland association for sending me
to this excellent programme. I certainly benefited by
doing so, as did the other participants, who were all
of a high calibre and as eager as I am to take what
we learned back to our associations.
Facilitator Ali Tocker was first-class and the clear and
concise materials provided have given me a valuable resource for future reference. I have been able to lift my
thinking from a local perspective to another level within
the association. Some of the highlights for me were:
• Exploring interests of the individual and groups (as in
our support groups).
• Strengths and people skills – these showed me that the
value of networking cannot be underestimated. We must
learn to set goals to be motivated.
• “Offer and expectation”, where an offer of a service/
benefit is made and the expectation that consequently
comes with it. (This could be applied when new JPs are
appointed, with the expectation they will take part in
ongoing training sessions.)
• Ability to delegate and receive feedback – this goes to
competence and accountability.
• Not-for-profit organisations/associations: this discussion demonstrated to me the need for “inactive JPs” to
come on board and to understand their obligations.
• “Courageous conversations” when handling difficult issues (demonstrated when working with a partner) – we
were given eight clear steps to follow and this was appreciated by everyone.
I am very grateful for the opportunity to attend this programme.
OBITUARY
Page 4
‘An absolute gentleman’
Federation Past President John Andersen QSM died in Christchurch on July 25,
aged 90. GRAEME KITTO pays tribute to one of our ‘grand old men’
J
ohn Benjamin Andersen was, in
his own words, “just a guy who
has acted in the interests of people and the community generally as he saw the need”.
His people and his community were
Woolston in Christchurch. He was
educated at the local schools and after
a short time on farms in Patea, Waverley and Marton, he worked in local tanning firm G L Bowron and Co
from 1946. It is still in business there
after 135 years. His responsibilities
as services manager reflected an allround ability, encompassing personnel, industrial relations, production
planning, work study, training and
security.
Given his involvement in the St John
Woolston Scout Troop (he gained
the King’s Scout award, the Gold
All-round Cord and the Bushman’s
Thong), the Workingmens Club, the
Residents’ Association, the Woolston
Pool Restoration Committee (he was
secretary for 12 years, helped raise
$30,000 and was later a trustee) and
the Woolston School Centenary Committee, it is not surprising that his
QSM, awarded in 1986 and presented
by the Queen, was in recognition of
his service to the Woolston community.
On April 13 1954, at the age of 30, he
became a JP, the youngest appointed
at the time. In a personal communication he acknowledged that “Yes,
many were amazed at my appointment - even at 30 … I was/am one of
the lucky, perhaps fortunate, members to have served the Canterbury
association and Royal Federation
with delightful dedication.”
It is understood that initially he was
not invited to join the Canterbury association but joined the ranks about
1960. He joined the council in 1967,
was registrar from 1968-1972, elected vice-president in 1973 and president in 1975.
His Federation service included election as Southern Regional Representative in 1974, Vice-President in
Southern Regional Representative Gavin Evans with the late John Andersen, after presenting John’s 60 years’ service certificate at the Canterbury
annual lunch on June 22.
1978 and then President, at the 1979
Conference in Rotorua. He presided
over the March 1980 Conference in
his home town, Christchurch.
Minister of Justice Jim McLay opened
that Conference, acknowledging that
New Zealand history showed that JPs
had consistently provided a community service of a very high standard.
He applauded the emphasis on formal
training to maintain and enhance that
enviable record but warned (or perhaps prophesied) that the degree and
nature of the involvement of Justices
in the judicial system was likely to
change.
The particular changes he spoke of
included the introduction of infringement offences and preliminary hearings that would allow evidence to
be given in writing instead of orally.
And this was within two years of the
new Judicial Functions course having
been introduced through the Technical Correspondence Institute!
One of the five remits considered at
Conference 1980 sought an exemption for judicial JPs needing to travel
for court duties on carless days. And
the fact that one of their own was presiding at the Conference did not assist
the passage of the Canterbury notice
of motion seeking remission of capitation fees for JPs over 75 who had
been members of their association for
at least 10 years!
The present Southern Regional Representative, Gavin Evans, one of
John’s successors, presented John
with his 60 years’ service certificate
at the Canterbury association annual
lunch on June 22. Gavin described
him after that event as “an absolute
gentleman, very articulate and with
it”.
“He was to be respected and admired
for all his accomplishments and his
attitude to life,” Gavin said.
On behalf of all JPs, Past Federation Presidents Stan Hackwell and
George Ward, along with Canterbury
president Ian Hay and vice-president
Bob McGregor, joined me at John’s
Memorial Service on August 14 in
honour of this stalwart JP and to acknowledge with gratitude his service
to the community, his local association and the Federation.
Page 5
NEWS
Registrar ALAN HART reports from the Federation National Office
FROM THE REGISTRAR
Nominations for Federation office
A nomination form for Federation office has been forwarded to associations,
noting the relevant extracts from the
Federation Constitution.
Nominations must be received at the
Federation office no later than November 1 2014. The person nominated must
counter-sign the nomination and the CV
of the nominee must accompany nominations for the office of regional representative.
Formal nominations are required for the
offices of President, Vice-President, and
regional representative for the Northern, Auckland, Central, and Southern
regions respectively.
Conference 2015
The Auckland association’s planning
for next year’s Conference in Takapuna
from February 27-March 1 is well under way and the registration pages including the on-line form, programme
and information have been circulated to
associations but the Auckland association asks that you register and pay online through: http://www.jpconference.
org.nz/2015/conference or at http://
www.jpfed.org.nz/MemberServices/
Conference+documents.html
Remits and notices of motion from associations for the Conference must be
received at the Federation office no
later than November 1.
Circulars to associations
I have expressed the hope at regional
conferences again this year that association councils and others read through
the circulars and the hard copy items
which are distributed with them, but
ALL members have the right to know
what is in them and there is never any
“secret agenda” in the details included.
The electronic version is passed on by
some associations but all members can
access them at http://www.jpfed.org.nz/
MemberServices/Ministerial+Justices/
Federation+Circulars.html
Government House reception
Further details of this event to mark the
bicentennial of Thomas Kendall’s appointment and of Justices of the Peace
in New Zealand are being confirmed,
but it will be held at Government
House, Wellington between 5.30 and
7pm on Tuesday November 25 2014.
At this stage attendance will be limited
to 200 people altogether but invitations
will be allocated on the basis of twice
the number of Constitutional votes per
association. Individual costs (admission is by formal invitation only) will
be set at $20 per person (including for
partners). Attendees will need to arrange and cover their own travel and
accommodation. If you are interested in
attending please advise your own association directly as soon as possible.
Judicial Studies
From 2015 there will be one course
every year, running from April 1 to September 30. The next course will begin
on April 1 2015. Associations requiring
new panel members have been asked to
identify suitable JPs to enter the Judicial Studies Programme. Students are
chosen via associations’ own policies
and processes. Justices may undertake
the course only upon endorsement by
their association for the whole Judicial
Studies Programme. A JP may not undertake the course for personal interest
or in the vague hope of joining their local bench panel at a future time. If you
are interested in this part of our work
please contact your association.
Other roles for JPs
The Registrar-General Births, Deaths,
Marriages and Citizenship has now reviewed the trial of the ceremonies conducted in West Auckland by specially
authorised Justices of the Peace. While
there had been an expectation of greater
numbers (only 73 couples took part
since September 2013) he has advised
that feedback was very favourable and
he is happy to continue the West Auckland service. At this stage he has not
indicated any extension of the option to
other parts of the country, but we have
raised this as an issue with the Ministry
of Justice, which will be the instigator
of any move by court staff to cease providing the service in the various court
locations where it is currently offered.
We will advise associations further as
this project develops but associations
have been asked to also approach their
own court managers to canvass this and
other options for service to the public.
NEWS
Page 6
Board and staff
One of the attendees at a regional conference indicated that he learned more
about the organisation from his attendance at that event than ever before.
With several other board members attending it was an opportunity many
had to meet them for the first time.
Their details are shown elsewhere and
are also at http://www.jpfed.org.nz/
Contact+Us/Board.html which includes
the brief bio always submitted with the
original nominations and included in
the Conference papers, for example at
http://www.jpfed.org.nz/MemberServices/Conference+documents/2014/
Conference+Papers+2014.html
Our small paid staff (myself, National
Education Officer Sarah Loftus, Administration Assistant Helen Silverwood,
who works for us part-time, and Quarterly editor Geoff Davies, who works from
home) are also shown at http://www.
jpfed.org.nz/Contact+Us/Office.html
Also from the Webmaster: Home >
Member services > Website FAQs
You may log in with either your access
code, which is your surname followed
by your Ministry of Justice number (if it
has a leading zero it will be missing) or
by using your email address. Your email
address will only work if it is registered
in the database.
Your initial password was randomly
generated as a letter in lowercase followed by six numbers, so we recommend you change it to something that
suits you. If your email address is in the
database you can recover your password
automatically from the login page. Your
password must be at least 4 characters. It
is not good practice to use the same password for several websites. The password
for this site need not be complex
Food for thought
• Success should not go to head and
failure should not go to heart (Tamil
proverb)
• TEAM: Together Everyone Achieves
More
• There are two kinds of people, those
who do the work, and those who
take the credit. Try to be in the first
group; there is less competition there.
– Indira Gandhi
• Rules + Regulations - Relationships =
Resentment + Rebellion
• The envious praise me unknowingly. –
Kahlil Gibran
• Strive for perfection in everything you
do. Take the best that exists and make
it better. When it does not exist, design it. – Sir Frederick Henry Royce
of Rolls-Royce
• Life is too short to waste. Dreams
are fulfilled only through action, not
through endless planning to take action. – David J Schwartz, motivational
writer
OBITUARY
‘Fine servant’ to JPs
R
By GEOFF ADLAM
etired Stipendiary Magistrate
(SM) Edgar Crutchley JP (Rtd)
QSO passed away in Lower
Hutt on 11 August, aged 96.
Mr Crutchley was New Zealand’s
senior SM when he took early retirement from the bench in 1977 at the
age of 59 for health reasons and became well-known and respected in JP
circles for the guidance, knowledge
and experience he gave to New Zealand Justices.
Born in Wanganui in 1917, Mr
Crutchley attended Wanganui Technical College and St Patrick’s College
(Silverstream) and began to study law
at Victoria University of Wellington.
His studies were interrupted by World
War 2, but after war service he completed his law degree and began legal
practice in 1949, when he joined the
Nelson firm Ralfe, Ralfe and Boyle.
He was appointed to the partnership
after a few years, with the firm becoming Ralfe, Ralfe and Crutchley
(now known as Knapps). He focused
on litigation and appeared as counsel
in 10 cases which were reported in
the New Zealand Law Reports.
His standing in the profession was
recognised when he was appointed a
Stipendiary Magistrate in 1960 at the
relatively young age of 42. He was
initially based in Invercargill before
moving to Christchurch in 1961.
New Zealand Law Society Canterbury-Westland branch manager Malcolm Ellis recalls that when he started
work at the Christchurch Magistrates’
Court in 1968 Mr Crutchley was
senior magistrate. He said “proper”
would be a good way of describing
Mr Crutchley’s demeanour on the
bench.
Mr Crutchley’s daughter Nicola, herself a member of the legal profession,
remembers often being approached
by older court staff around the country who would ask if they could be
remembered to her father.
“They would talk to me about the
support and mentoring he had given
them,” she said. “He came across as
an old-fashioned gentleman.”
On his departure from the bench Mr
Crutchley became closely involved
with providing judicial training materials for the first judicial studies
course, known as the Judicial Functions course and offered through the
New Zealand Technical Correspondence Institute (now the Open Polytechnic).
Appointed a JP in 1963, separately
from his appointment as a magistrate
as was then the practice, Mr Crutchley was the first moderator of the
course, which began in 1977. He was
a life member of the Hutt Valley and
Districts association and became a JP
(Rtd) in 2007, one of the first to take
up that option after its introduction in
the JP Amendment Act 2007.
Federation Past President Britt Stephen-Smith well remembers Mr
Crutchley as his tutor: “He marked my
TCI papers for the 15 papers covering
the initial and advanced certificates.
[He was] always supportive and encouraging in his written comments - a
fine servant of and for Justices of the
Peace.” – Reprinted by permission of
the New Zealand Law Society
Page 7
EDUCATION
Page 7
By SARAH LOFTUS: [email protected] 04-918-8445
SPRING 2014
‘Things turn out best for the people who make the best out of the way
things turn out.’ – Art Linkletter
From the National Education Officer
G
reetings to all Justices of the
Peace. This no doubt finds
you enjoying some warm
spring days in amongst a few
windy ones!
The phases of the year do pass
quickly, although as Albert Einstein
said: “When you are courting a nice
girl an hour seems like a second.
When you sit on a red-hot cinder a
second seems like an hour. That’s
relativity.”
We are always glad to receive your
feedback about the content of the
Justices’ Quarterly education pages
– it’s good to know that JPs are reading it thoroughly and critically (in
the literary sense!). When you have
a question or point to make, please
Take a minute
to laugh
Albert Einstein
make it. Other Justices may
well be thinking the same
thing but not have the time
or inclination to send it in. If
you take the time, others can
learn from your efforts. The
email address is always at
the top of this page. You can
see some responses to various Justices’ queries on P8.
There is an article in this issue giving you some background and detail about the
new Judicial Studies course
which began on July 1. This
has been a major project
which has contributed positively to the Federation’s
credibility at the Ministry of
Justice.
“Hospitality: making your guests feel like they’re at home, even when you
wish they were.”
“The voices in my head may not be real, but they have some good ideas!”
Thesaurus challenge
How many words of the same or similar meaning (and in different contexts) do you know for each word?
Aim for at least 10 before referring to sources other than your own memory!
For example, white: pale, icy, ivory, cream, off-white, snowy, silvery . . .
Correct
Right,
Just
Unbiased, Page 8
EDUCATION
Page 8
SPRING 2014
JUSTICE OF THE PEACE ROLE
Original signatures for witnessing land transfer documents
Land transfer documents require the original signature of both the signatory and the witness. If you have a signature
stamp you must not use it to witness land transfer documents. The Registrar-General of Land, Land Information New
Zealand (www.linz.govt.nz) has advised that: “Witness certifications for Authority and Instruction forms should be
signed using original signatures as opposed to stamps”.
Questions from the Winter 2014 issue
Could I have a sticky label made with my
signature on it?
Although it is convenient to apply a sticky label with the
wording for a certified copy or an exhibit note, a sticky
label of your signature is not a good idea. While it is, of
course, possible for signatures to be forged by a criminal
with a simple pen, the provision of a sticky label which
can be removed and used again seems to be making it
too easy altogether. An ink stamp at least is permanently
applied to paper. Remember always that some documents
must be signed by hand with a pen (see above for land
transfer documents).
I understand that the Teachers Council insists on particular wording on certified copies, but why?
Keep in mind that it is any agency’s prerogative to accept
or decline a Justice of the Peace (or person in any other
role) as a certifier, and to place requirements on the certification if they so choose. The Teachers Council (www.
teacherscouncil.govt.nz) opts to do this, and it is a courtesy to your client to comply. The Federation received the
following explanation from the principal advisor on registration at the Teachers Council:
“The name of the JP is particularly important (city, contact details, JP number even better) in the event we need
to contact them to confirm any issues regarding the certification.”
But I phoned the Teachers Council and talked to someone who told me that he would accept certified copies
without that particular wording so long as he could read
the JP’s signature.
The Federation believes the best course of action is always to comply with the requirements of any agency, for
the client’s sake. Even if one of the agency’s employees
does not enforce the requirement there is no way for a JP
or client to know whether or not this will be the case, so
your client risks having their application rejected.
Correction: In the Winter 2014 issue, the P8 heading “Digital signatures” should have been “Electronic signatures”.
What is the difference between an electronic signature
and a digital signature?
An electronic signature is a typed or scanned version of a
signature. The person has used a different font to “sign”
the document (e g S Loftus) or has used a scanner to take
a “picture” of their signature, which they have pasted into
their document (e g
). They may even have taken
an actual photograph of their signature and put it into the
document.
A digital signature is a digitally encrypted set of data which
may include a private key code which the recipient is given
separately and can then use to prove the authenticity of the
document. A quick internet search will yield further information if you want to learn more.
You may also be interested to find out about a service called
RealMe (www.realme.govt.nz). This is a secure internet
portal where you can set up your verified identity in order
to identify yourself when interacting with government and
some other agencies. Although this is not a digital signature as such, it is an example of the way digital technology
can be used to verify your own identity to agencies. (However, it is not something that Justices would use to check
the identity of their clients).
Birth certificates should not be laminated
A Justice queried the propriety of having a child’s (or anyone’s) original birth certificate laminated. The Justice had
reluctantly certified copies of a laminated birth certificate,
the parent having explained that he simply wished to keep
the child’s certificate safe.
The Federation has received the following advice from the
Registrar-General of Births, Deaths, Marriages and Citizenship (www.bdm.govt.nz): “The birth certificate paper
has a number of security features that are not able to be
checked once the certificate is laminated, therefore a JP
may require a non-laminated version if they have any concerns about the validity of the document or the copy they
are certifying.
“It would be better for the certificate to be protected in a
plastic sleeve rather than be laminated. Or, it is possible
to buy an additional certificate from us if the original one
becomes damaged. This can be done by phoning us or ordering one through our website (using RealMe).”
Page 9
EDUCATION
Page 9
SPRING 2014
JUDICIAL STUDIES:
What a difference 200 years makes
S
By RACHAEL O’GRADY and SARAH LOFTUS
ince 1814 New Zealand’s court system has relied on a considerable degree of lay participation.
However, long gone are the days when Justices
of the Peace had the power to “restrain offenders, rioters
and all other Barators, and to pursue, arrest, take and
chastise them according to their Trespass or Offence”.
The days are also gone when Justices of the Peace were
called upon to conduct preliminary hearings and run
depositions and committal hearings. All of these no
longer take place in any court.
There has also recently been a significant drop in the
number of court sittings at which Justices of the Peace
are required. The reasons for this include police use of
warnings instead of charges and the recent changes in
the national court structure – five courts closed permanently in 2013, and eight others became hearing centres.
Nevertheless, Justices of the Peace have continued to
preside over many cases in District Courts around the
country. For example, they heard 8711 traffic-related
cases alone in the six-month period January-July 2014.
The one thing that has remained unchanged is that the
strength and integrity of the office of the Justice of the
Peace is dependent on having competent, knowledgeable JPs presiding when rostered in District Courts.
Training for judicial duties
Justices of the Peace performing judicial duties in District Courts have always received training in one form or
another. For a long time training was “person-to-person”
and frequently took place in court at actual court hearings. Associations had their own training and education
meetings; many created their own manuals and bench
books as well. Associations continue to provide comprehensive support, education and ongoing mentoring to all
court panel members.
The first course
The first judicial studies
course was developed by
the Federation in 1976,
based on an Australian
model. It was delivered
through the Technical
Correspondence Institute. The Open Polytechnic of New Zealand (TOPNZ) then provided a judicial studies course in several updated forms between
1977 and 2012 and over 1500 Justices of the Peace
completed that course.
In 2010, the Ministry of
Justice commissioned
TOPNZ to totally redesign the Judicial Studies course. The resulting course took a more
practical and applied
approach. While it continued to be print-based,
it had more on-line exercises and practical activities.
The number of assignments was reduced to bring the
course into line with other contemporary Open Polytechnic courses. The course no longer had open enrolment: where previously Justices could commence study
at any time of the year, they now had the option of just
two intakes per year.
Enrolment procedures also became more formal at
this point. The 2007 amendments to the Justices of the
Peace Act 1957 provided an opportunity to define and
establish nationally consistent requirements for selection and training of Justices for judicial duties. The major amendment to the Act was the requirement in s3B
(1) of the Justices of the Peace Act 1957 that judicial
Page
10 10
Page
EDUCATION
SPRING 2014
duties must not be undertaken without training which
has been completed to the satisfaction of the Chief District Court Judge.
Training for judicial duties now takes place in three
stages: an academic course, a two-day in-court practicum, and ongoing mentoring and training once rostered
to the bench. The two-day practicum has been provided
by the Federation since 2011, with 41 Justices (100% of
participants) having taken part successfully.
The end of an era
At the end of 2012 TOPNZ regretfully advised
that it would cease offering the Judicial Studies course. The time and
effort that would have
been required to update
the course for the commencement of the Criminal Procedure Act 2011
meant the course was
no longer viable as there
were so few students
taking part. In November 2013 the Federation
received confirmation from the Chief District Court
Judge that the Federation would be responsible for developing and delivering the academic component of the
judicial training. Planning and development began in
earnest.
A new process
Cooney, Rotorua and Districts.)
The Ministry of Justice provided overall project support and management, in particular from Alexia Ford,
Senior Advisor Performance and Improvement. The
new Judicial Studies Course fulfils the Federation’s obligation since Conference 2003, to provide training and
information on-line. This has already proved successful with both the Induction Training and Issuing Officer
modules.
Associations are charged with maintaining the highest
standard of performance of all their judicial JPs through
monitoring of bench performance, ongoing education,
and regular refreshment of the court panel members.
When there is an actual place available on a court panel, a new Justice may be chosen for judicial training via
association processes and enrolled in the judicial studies programme. Both the Justice and the association
commit to the whole three-part training programme,
and a bond is paid.
The course is accessed on-line via the Federation website and takes 200 hours to complete. Justices work
at home but meet regularly with their mentor (a local
court panel member) and are required to visit a court as
often as they can to observe a variety of proceedings.
The course is akin to an academic certificate course
and contains tertiary-level academic content with three
compulsory assignments which are independently
moderated by a professor of law.
The course consists of guided reading of the newly revised 2014 judicial duties manual as well as three textbooks. There is a range of activities to support learning, including on-line interactivities, worksheets with
self-marking answer sheets, and website research. The
Justice is fully supported in his or her learning and has
access to both the association mentor and the NEO.
Provided an individual is successful on the course and
at the practicum the Justice will then experience ongoing mentoring by their association as they begin their
practice in court.
The Federation is now delighted to announce that the
new Judicial Studies Course commenced on July 1
this year, with 15 Justices from nine associations taking part. Symbiont Ltd produced the online interactive
programme. The structure and content were written and
supervised by Sarah Loftus as the National Education
Officer (NEO), assisted by a focus group panel of current court-sitting Justices along with Rachael O’Grady,
the Northern Regional Representative. The focus group
members were Sue Scutter of the Wellington association; Alan Goddard, Central Districts; Geoff Fox, Hutt
Valley and Districts; John Bunny, Wairarapa and Cathy
Associate Minister of Justice Chester Borrows and the
General Manager District Courts, Tony Fisher, officially launched the new course at an afternoon tea in late
July. The Minister said that he was very pleased with
the level of training and support that Justices receive
through the Federation. Jeff Simpson, the Chief District
Court Judge’s research counsel, succinctly summarised
the feedback of people who have reviewed the course
throughout its development when he commented by
email: “I’ve now had the opportunity to go through the
on-line component of the training programme. In my
view it is excellent.”
Associations may enrol Justices on the new course by
forwarding the T4 form to the Federation Registrar
with the bond by March 31 2015.
Page 11
T
OPINION
The right to silence
he recent case in Brisbane
where a New Zealand woman
died as a result of a fall from
a multi-storey apartment block
has raised the matter of a person’s socalled “right to silence”.
In recent times, closer to home, this
has come up at the trial of Ewen Macdonald for the murder of Scott Guy, his
brother-in-law, where defence counsel
Greg King chose not to call his client
to the witness box, thus depriving the
jury of the opportunity to see and hear
the accused put his story to the test of
truthfulness.
But I’m getting a little ahead of myself.
This “right” has been in existence in
English law – from which our criminal
laws are derived – and was well established in common law as far back as
the 17th century. Back in those days an
accused was deemed “incompetent” to
give evidence on his own behalf, so
force, sometimes in the form of outright torture, was used to try and extract a confession. However, such behaviour was deemed unlawful, hence
the practice of allowing an accused to
make an unsworn statement from the
dock.
By the 1880s an accused could give
sworn evidence on his own behalf and
by the end of the century this had become commonplace. The right to make
an unsworn statement from the dock
was withdrawn.
But the right to silence remained, and
an accused could choose to exercise
that right, or not. But that was at trial.
What about pre-trial, and during the
police investigation stage? How was
the suspect’s right to silence to be addressed so that his rights were not infringed?
In the early 1900s, enter what became
known as the Judges’ Rules, which
clearly set out for the police – and
the judiciary – the rules as to how
the police were to conduct interviews
without infringing upon the suspects’
rights, especially the right to silence,
whilst not being overly restrictive of
the police.
Up until 1994 the UK judiciary, and
police, used a fairly standard “caution”
which would be read/said to
harmed if they omit to say
Trevor be
the suspect: “You do not have
something during questioning
to say anything but anything Morley JP that they might later rely on in
you do say will be taken down
court, if the suspect then later,
in writing and may later be
during court proceedings, ingiven in evidence.” Note that
vokes his right to silence – as
the two words “against you”
happened in the Scott Guy trial.
are missing from the end of the
In that case the judge and the
caution, and this is a deliberate
jury, not to mention the public
omission as it was feared that
at large, were prevented – by
if the police officer conducting
the simple expediency of Macthe interview added those two
donald exercising his right to
words it could prevent the sussilence – from hearing imporpect from saying something in
tant, some might say crucial,
his own defence.
evidence from the very person who, in
But this caution fairly informed the
my view, they should have heard from.
suspect of his right to silence, and cerSo why do we allow this right to still
tainly in my experience as a detective,
exist?
very few suspects actually remained
If I am a witness for the prosecution,
silent and did not speak at all during
whether of the most important or of the
an interview.
peripheral kind, then so long as I am
But in 1994, in the United Kingdom
correctly summonsed I cannot refuse
anyway, the caution was changed so
to attend court, and when my name
that it then (and now) read as: “You do
is called, to step into the witness box
not have to say anything. But it may
and give evidence, upon pain of being
harm your defence if you do not menfound in contempt of court if I don’t.
tion when questioned something which
And all the while the accused can sit
you later rely on in court. Anything
mute.
you say may be given in evidence.”
The rules and law relating to this right
The New Zealand Police have not exto silence were, as I have pointed out,
tended their caution like the UK pocreated over a hundred years ago,
lice did in 1994, so that today, when
when communications were not then
they wish to question someone where
what they are now. And the general
there is sufficient evidence to charge
level of education and sophistication
that person, the officer will advise the
of the “public at large” is now much
person that they have been arrested or
more advanced than it was then.
detained, why, that they have a right to
What then to do to redress what I see
remain silent, that they do not have to
is a great imbalance in our judicial sysmake any statement and that anything
tem, where juries and judges are not
they say will be recorded and may be
hearing the full facts of some cases?
given in evidence in court.
You cannot, of course, force someI think it is unfortunate that the NZ
one to give evidence, and I am not for
Police have not adopted the slightly
one moment suggesting that people
longer caution that the British use as
should be forcibly coerced into giving
to me, it achieves an important objecevidence. But with rights come obligative, namely that of putting the suspect
tions, and I think it is high time that if
on notice that whilst he has a right to
someone wishes to exercise their “right
remain silent that silence could work
to silence” they have to be made aware
against him because, as the caution
that if they wish to exercise that right
says, “… it may harm your defence if
then there comes with it an obligation
you do not mention when questioned
by the judge at the trial to draw the atsomething which you later rely on in
tention of the jury to the fact of the excourt…”.
ercise of that right by the accused.
But it’s all very well for the police
Just as there is a police caution, which
to advise someone of their right to
is worded in such a way as to warn
silence, and at the same time cau• Continued next page
tion them that their defence might
SALVO
OPINION
Page 12
CROSSWORD
• From previous page
1
2
3
6
10
15
4
7
11
8
12
9
13
14
16
17
19
21 22
5
18
20
23
24
25
26
9 Patience
11 Verse using metrical feet
12 Process between conception and birth
18 Singing voice
22 Eggs
24 Spar
25 High quality energy-saving light
bulbs
SOLUTION
O
O X
ACROSS:
1 Politician whose sister says she is
being hounded by the media like
Princess Diana was (6,7)
6 Radical reorganisations
8 Press
10 This issue
13 An encroachment
14 The Association of Southeast Asian
Nations
15 Type of cheese
16 Man’s name
17 Giant
19 Group of three
20 Cricket team
21 Morse elements
23 Motionless
26 Primary greenhouse gas
emitted through human
activities (6,7)
V
O
C A R B O N D I
E
I D E
T R O I K A
E L E V E N
E
C
T
T
C
D O T S
I M M O B I L E
S P R I N G
U
O
I
T
N R O A D
K
N
J U D I T H C O L L I N S
G
R
B
A
S H A K E U P S
U R G E
DOWN:
2 Exclamation of disgust 3 Annoy
4 Defiant
5 Torment
6 Believed to be guilty
7 Ages
8 Civil war-torn country
P
A S E A N
A
U
E D A M
S
A
I V O R
C
B
T I T A N
A
the suspect that he has a right to
silence and at the same time lets
him know that one of the consequences of not exercising that right
is that whatever he says could be
given in evidence, so too a judge
should have the ability to draw to
the attention of the jury that the accused has exercised his right to silence. But not only that, the judge
should also admonish the jury that
the accused has chosen to remain
silent and that his exercise of that
right, lawful and proper though it
might have been, also leaves them
in a position, having heard all the
other evidence, to place whatever
inference they might wish on the
choice of silence that the accused
has made.
Indeed, since 1994, in the UK,
there have been four statutory
rules in place governing when an
adverse inference may be drawn
from an accused’s silence:
• failing to mention any fact which
he later relies on and which in
the circumstances he could reasonably be expected to mention
• failing to give evidence at trial or
to answer questions
• failing to account on arrest for
objects, substances or marks on
his person, clothing or footwear,
in his possession or in the place
where he was arrested
• failing to account on arrest for
his presence at a place.
Further, and whilst this is not part
of the statutory rules, there is the
old adage that “by silence you acquiesce”. In my experience, those
who are falsely innocent, i e guilty,
will sometimes plead their lack of
guilt during interviews with protestations of innocence, but a genuinely innocent person will always
proclaim their innocence from the
rooftops.
The truly innocent never, ever, remain silent.
• The opinions expressed in
Salvo are those of Trevor Morley and do not represent those
of the Federation or the editor.
Mr Morley can be contacted at
[email protected]
Page 13
REGIONAL CONFERENCES
Four keys to
conference success
By Northern Regional
Representative
RACHAEL O’GRADY
ellowship, teamwork, energy and
hospitality: these were the four
components that were evident in
making the 22nd Northern Regional Conference held in Thames on
August 30-31 the success that it was.
The conference, hosted by the Hauraki
association, brought together 58 JP delegates from all nine Northern region
associations, the Auckland association
and Federation Board members.
In a year where the Federation has
been focused on implementing the first
Emerging Leaders Programme, launching the new Judicial Studies course,
commencing a communications review,
developing a strategic plan and finalising the triennial funding submission,
the theme for the conference was, appropriately, “Share the Vision: Delivering for Today, Building for Tomorrow”.
This theme was integrated throughout
the programme.
The conference began after lunch on
Saturday with a karakia from Federation President Graeme Kitto, and the
official opening of the conference by
Hauraki association patron and life
member Homer Stubbs JP. Hauraki
president Marise Morrison and Northern Regional Representative Rachael
O’Grady completed the welcomes before the business part of the programme
commenced with Graeme Kitto speaking on a wide range of issues.
The varied range of topics he covered
included Prince George being presented
with a set of Amanda Neil’s children’s
books (The Bicentennial Series), publicising JPs in the Coffee News publications which are to be found in cafes
throughout New Zealand and the various functions being arranged around
the country to celebrate our 200 years
of JP service in New Zealand, including the November Government House
function.
Looking ahead, Graeme spoke about
the growing number of JP service
desks. With the increasing patronage of
this service, he emphasised the need for
F
Graeme Kitto and Linda French (Hauraki) in conversation with Fergus Cumming.
statistics from service desks to support
the Federation’s funding bids and updated us on various projects that are being worked on by the Board. He ended
by quoting “If we always do what we
always did, we’ll always get the same
we always got”.
After group discussions, the first guest
speaker, local MP Scott Simpson addressed the conference. Scott is one of
five MPs (at the time) who is a JP, and
he is very supportive of all that JPs do.
Building on the concept of “digital natives” which he outlined at this year’s
Federation Conference in Waitangi,
delegates were introduced to the terminology of “devices”, which encapsulates more than just making phone calls
or sending texts from mobile phones.
For many people, Twitter has now taken
the place of the newspaper. Scott indicated that there are lots of things changing at a pace that is uncomfortable for
many, and in some cases putting the
role of the JP at a crossroads in terms of
relevance and where we can add value.
He stressed that the onus is on JPs to
look at ways to remain relevant as there
is no “fairy godmother” at the Ministry.
He concluded by mentioning the work
that has been done on the Judicature
Modernisation Bill to break down barriers to protect the judiciary, and the
new justice precinct in Canterbury that
is inclusive of all the different tiers of
the court system.
Capturing the attention of delegates
and the partners who also attended the
conference was the Saturday afternoon
workshop on “Te Mana i Waitangi: Human Rights and the Treaty of Waitangi”
run by a guest speaker from the Human
Rights Commission, Te Huia Bill Hamilton.
This workshop helped delegates to be
better informed on how the Treaty protects all New Zealanders, giving all
New Zealand citizens a tūrangawaewae
(a place to stand – our place in the
world, our home). Through the workshop delegates were encouraged to reflect on:
• where their tūrangawaewae is
• what their rights and responsibilities
are to their tūrangawaewae
• what icons identify this place?
• why they identified a particular place
as their tūrangawaewae.
Bill worked with delegates in such a
way as to give them the tools to better
understand the Treaty of Waitangi and
what it means to New Zealanders today:
• what are the rights and responsibilities associated with the Treaty?
• what does the Treaty mean in practice, especially the promise of two
peoples to take the best possible care
of each other?
Page 14
• how can we keep the promise in our
own lives/workplace/school/etc?
• how do you feel the Treaty applies to
you/your whänau/ workplace/community?
Both the Te Mana i Waitangi booklet
and powerpoint presentation can be
found at the following link:
http://www.hrc.co.nz/human-rightsand-the-treaty-of-waitangi/humanrights-and-the-treaty/
Good discussion and feedback resulted
from the group workshop sessions held
throughout the programme on both
days. Topics covered:
• the commemorative stamp project
(introduced to delegates by Central
Regional Representative Kath Blair)
• the Ministerial Activity Log
• the communications review (the
Quarterly and the Federation website)
• accreditation
• te Tiriti o Waitangi
• the Education Trust.
Delegates also had the opportunity to
provide separate feedback on any other
topics of interest through a sticky note
system.
Federation Vice-President Denise
Hutchins spoke to delegates about the
process and purpose of the draft Strategic Plan, before they had the opportunity to complete their own SWOT
analysis of JP organisation and the role
of JPs in New Zealand.
Feedback has been collated from each
of the workshops and has been separately reported on to associations and
the Federation Board.
Dinner catered by a local PTA group
and members of the local Plunket provided another opportunity for further
interaction amongst those at the conference, members of the local Hauraki
association and the Thames community.
Other than the good company, food and
the musical entertainment by local college students, the highlight of the Saturday night function was the debate
between the team representing Hauraki
association and a Federation Board
team.
During the course of debating the motion that “JPs are Just People”, there
was all manner of rowdy heckling and
even bribery of the adjudicator, but also
a lot of fun had by all. On behalf of the
REGIONAL CONFERENCES
Te Huia Bill Hamilton leads a
workshop on the Treaty of Waitangi.
Federation the winning Hauraki team
are to be commended for arguing their
position “fairly”!
Day two began bright and early with
Federation Registrar Alan Hart covering a range of practical management
matters. He remarked that there appear
to be fewer complaints about JPs, now
that JP services are being taken into the
community via the increasing numbers
of service desks. Alan reminded delegates that although there are specially
trained JPs who work in our courts, all
JPs are judicial officers.
Picking up on Scott Simpson’s comments about remaining relevant, Alan
stressed the need for issuing officers to be used, or else we risk losing a
significant number. This means being
proactive within our own associations
in communicating with the police and
courts. In covering Crown funding Alan
reminded associations about the importance of accurate and timely returns.
Janet Williams, the senior vice-president of the Waikato association, spoke
briefly about her time at the Emerging
Leaders Programme held in Wellington in July. She spoke highly of the
programme facilitator, the networking
bond that has developed with other participants, and most importantly the resources and skills acquired which will
provide a valuable reference for some
time to come. Gallagher’s and the Education Trust were thanked for making
the programme possible.
As in other years, each association had
an opportunity to report on their year
since the previous conference. This
year the Rotorua and Districts association had taken the initiative to prepare
a powerpoint demonstration where they
were able to share their work plan, and
the impressive display boards and banners used to promote service centres,
which have been made possible through
a variety of fundraising applications.
Among other initiatives Waikato spoke
about the work being done to create job
descriptions for council members, and
their upcoming bicentenary dinner on
November 12 at the Skycity function
centre, with Pio Terei as MC.
Some associations are reviewing or rewriting their constitutions, while others
have been busy addressing governance
matters. Most associations spoke of increases in service desks, and many are
taking up the Gisborne association’s
idea of having a JP on site at secondary
schools when students are making applications for tertiary study.
The presentation by the Far North association of boxes of Matakana chocolates went down a treat.
With no remits to be introduced, the
conference programme concluded with
various invitations being extended by
associations to future conferences.
The Auckland association invited all
delegates to both their regional conference to be held on September 14 at
Alexandra Park, and Conference 2015,
to be held February 27- March 1 at the
Spencer on Byron in Takapuna. Delegates were encouraged to get their registrations in and make their travel and
accommodation reservations promptly,
as the Conference coincides with the
Cricket World Cup. Options were also
canvassed for the 2015 Northern Regional Conference, to be hosted by the
Rotorua and Districts association.
In the welcome page of this conference
programme, delegates were wished a
stimulating and enjoyable couple of
days, and the hope was expressed that
they would pick up valuable new ideas
and personal contacts along the way, as
well as enjoying the hospitality of the
Hauraki association.
There is no doubt that these hopes and
wishes were all fulfilled. Despite the
fact that the weather in Thames was
rather bleak, there was no dampening
the energy and enthusiasm of those in
attendance. Thanks to all delegates for
their contributions and participation
throughout.
The Hauraki association is to be commended for hosting delegates and
guests at such a high level. Your efforts
certainly showcased the community
spirit!
Page 15
REGIONAL CONFERENCES
Plenty on our plates
The Central region is special in that regional conferences are held in both islands each year, one in Palmerston North and the other at the top of the South Island, this year in Blenheim. Marlborough association
registrar IAN CAMERON reports from the south
F
orty Justices came to Blenheim
from the West Coast, Tasman,
Nelson, Marlborough and Kaikoura for this year’s conference,
convened by Central Regional Representative Kath Blair at the Marlborough
Research Centre on August 16.
After Marlborough president Kate
Bristed welcomed Federation President
Graeme Kitto, Vice-President Denise
Hutchins and delegates, a warm and
relaxed tone was set during the first
item on the agenda - the presentation
by Marlborough mayor Alistair Sowman of Certificates of Appreciation to
long-serving Justices Julie McKendry
and Ramon Sutherland.
In his address to the two recipients, the
mayor said that Julie was appointed a
Justice in 1983 and went on to serve as
a judicial Justice for 25 years. She has
been Central Regional Representative,
Federation Vice-President 1999-2000,
President 2000-2001, and is a life member of the Marlborough association.
He cited “lengthy and professional service” and noted that she had also been
mayoress for nine years. In reply Julie
said that she has always “thoroughly
enjoyed” her work as a Justice.
Ramon was appointed a Justice in 1974.
The mayor told the conference that Ramon was widely known and respected
in the region and at the time of his appointment, was the only Justice in the
Wairau region. As the captain of the
Red Devils team who won the Ranfurly
Shield in 1973, he was regarded as a
“superstar” in the region. He regularly
serves on the service centre roster at the
courthouse, and the mayor concluded
his remarks by telling Ramon that his
time and efforts were “hugely appreciated” in the community.
In accepting the certificate Ramon noted that he had planted one of the first
commercial grape vines in the region.
He was pleased that after 38 years of
advocating for the service, service centres were in operation and were an effective way of providing our services to
the public. He modestly concluded that
“no doubt if we hadn’t won the shield, I
wouldn’t have been appointed!”
Kath Blair’s opening of the conference
Julie McKendry and Ramon Sutherland, pictured with Marlborough
mayor Alistair Sowman (centre), who presented the pair with Certificates
of Appreciation for their extensive service to their communities as JPs.
proper was followed by a wide-ranging
address by Graeme Kitto. His underlying theme was increasing the profile of
Justices and the increase in service we
provide. He mentioned our advertisements in Coffee News; service desks,
described as a “growth industry” in
which we need to get more Justices
involved; and restorative justice Community Justice Panels, which the Federation Board is discussing with police.
He also spoke about the Government’s
adoption of “results-based accountability” which will eventually devolve upon
us. Accreditation, a “work in progress”,
is one way in which the Federation can
demonstrate that our service is making a positive difference to the public
by providing the best service possible.
He appealed for members’ views, with
the comment that “The idea is great, we
just have to get the mechanism right”.
Other topics he covered were the Judicial Studies course, delivered on time
and within budget, the new judicial
manual, the Court Panel Management
Agreement, and the pending revision
of the ministerial Best Practice manual
which will be a priority for discussion
with our Minister after the election.
In answer to a question from David
Whyte as to progress on the Marlborough remit that mandated the Board to
seek other opportunities for JPs to serve
their communities, Graeme responded
that the topic was raised at every meeting with the Ministry of Justice and
he assured the meeting that the Board
would continue to have that conversation but that we cannot dictate to
Courts, who are conscious of their need
to meet their KPI of handling cases expeditiously. He also commented that the
reported drop in crime is having an impact on Justices’ judicial work.
The other main topic, before the conference enjoyed an excellent lunch provided by Friends of Seddon School as
a fundraiser for their community, was a
presentation by Federation Vice-President Denise Hutchins on the Federation’s draft strategic plan, followed by
breakout sessions to consider a SWOT
analysis.
Denise’s comments were helpful to associations who are commencing the
preparation of their own strategic plans.
She prefaced her remarks by explaining why we need a strategic plan in the
first place. The system we are used to is
changing and we need to change too, by
asking what we need to do. Other points
included the need to be more assertive
as an organisation and to stand back to
look at our next steps.
She challenged the conference to con-
Page 16
REGIONAL CONFERENCES
An action-packed day
Some 58 Justices representing the lower North Island associations gathered in the Silks room at the Awapuni Racecourse in
Palmerston North on August 9.
From left, Val Kenny, Sandra King,
Jenny Andrews, and Rosy Parsons.
sider whether, in 20 years’ time, we will be doing what we
are doing now - and will we be doing it the way we are
now? As an example she cited the enormous growth in the
number of service centres.
In the reporting-back session, Gavin Kerr received widespread approval for his comment that “we are volunteers
only in respect of the facts that we can say yes or no to the
appointment, and we don’t get paid. Beyond that we are
state-appointed officers of the law and have a responsibility to our communities to provide efficient and effective
service. To do that we must always be up to date with all
aspects of JP work.”
Kath wrapped up the morning session with the suggestion
that associations should consider updating their constitutions, with consideration of IT changes.
Group discussions took up the afternoon and the conference, described as “very successful” and “informative”
wrapped up at 3pm.
The room has a gorgeous view over the track and made for
pleasant surroundings on an action-packed day. Central Regional Representative Kath Blair led the programme, ably
supported by the hard-working organising team from Central
Districts and Board colleagues President Graeme Kitto, VicePresident Denise Hutchins, and Rachael O’Grady, the Northern
Regional Representative.
The day began with an address from Graeme Kitto in which he
elaborated on the Board’s current work programme, which is
extensive. A wonderful presentation on restorative justice from
Atholl Leask, co-ordinator of restorative justice practice for the
Manawatu Community Justice Trust, had the delegates totally
engaged; an interactive session including a SWOT analysis to
feed into the Board’s strategic plan was led by Denise Hutchins, and an alternative model of accreditation was presented
by Hutt Valley and Districts. As expected, much discussion
ensued.
A workshop to discuss the review of the Justices’ Quarterly, a
proposed ministerial activity log on the website and the usability and functions of the website also created much discussion
and debate. The draft designs for the commemorative stamp to
celebrate 200 years of Justices of the Peace in New Zealand
were displayed and attracted many helpful and constructive
comments.
Overall, it was another great day of collaboration, networking
and stimulating discussion.
Inter-faith service in Hawke’s Bay
I
n order to acknowledge
the diversity amongst
our Justices of the Peace
and to celebrate 200 years
of community service, the
Hawke’s Bay association held
an inter-faith service in July.
Contributing to the service at
St Luke’s in Havelock North,
which was led by Rev Brian
Carey, were kaumatua Heitia Hiha JP, who welcomed
us, Rev Andrea Bussell, who
represented both Christian
and Jewish faiths, and Indian
priest Varinderjit Singh. Jagnail Singh JP translated the
prayer, and Hawke’s Bay association president Sandra
McNeil also read a prayer.
Afternoon tea was served and
attendees enjoyed the opportunity to connect with other
Justices.
From left, Sandra McNeil, Jagnail Singh, Varinderjit Singh, Rev Brian Carey,
Rev Andrea Bussell and kaumatua Heitia Hiha.
Page 17
CERTIFIED TRUE COPY OF A DOCUMENT
PRESENTED TO ME AS AN ORIGINAL
Signed
EXHIBIT NOTE
#1
Trodat 4911 (38mm x 14mm)
Price: $24.75
Date
This is the annexure marked “
“ referred to within the
affidavit of
Trodat 4926 (70mm x 35mm)
and sworn/affirmed at
this
day of
20
Trodat 4922 (20mm)
Max Smith
Marriage Celebrant
Price: $48.00
#6
Price: $29.20
Justice of the Peace for New Zealand
before me
Signature
#2
M..S Walker, JP
#88888
WELLINGTON
#5
Trodat 4922 (20mm)
Price: $29.20
JP Number:
#3
Trodat 4911 (38mm x 14mm)
Certified true copy of a document
presented to me as an original
Price: $24.75
#7
Signed
#4
Date
Trodat 4911 (38mm x 14mm)
Price: $24.75
Trodat 4926 (70mm x 35mm)
M.S. Walker, JP
#88888
WELLINGTON
Justice of the Peace for New Zealand
Wording for #3 / #4 /#7
Telephone 04 802 5471 Email [email protected]
Email your order and paid by internet banking to BNZ 020 500 0651731 00
Mail your order with a cheque to Prestige Print, PO Box 9256, Wellington
All prices include G.S.T. and the courier fees.
Offers runs from September 1st 2014 - November 30th 2014
Delivery address
Price: $48.00
Page 18
JUSTICES APPOINTED
PURSUANT to section 3 (1) of the Justices of the Peace Act 1957, His Excellency the
Governor-General has been pleased to appoint the following persons to be Justices of the
Peace for New Zealand.
Barrett, Tina May, Rotorua
Moeroa, Keni Upokotea, Dunedin
Bryers, Ellis Mayne, Mount Maunganui
Nakhle, Roger Elias, Auckland
Browne, Lyndsay Anne, Napier
Parnham, Margaret Anne, Ashburton
Cato-Symonds, Susan Hilda, Auckland
Patel, Suresh Chunilal, Dannevirke
Codling, Andrew Peter, Auckland
Patel, Shashikant, Rotorua
Davey, Leah Nadine, Auckland
Horan, Miranda Jayne, Mount Maunganui
Koopal, Vicki Maria, Mosgiel
Laing, Donna Maria, Masterton
Lane, Cynthia May, Hastings
Mackinder, Clarice Linda, Matiere
Marshall, Jonathan, Whangaparaoa
McKeown, Lorraine Mary, Christchurch
‘Earthly Farewell’
Robinson, Joady Michelle, Tauranga
Empowering people to plan and
conduct their own family and friends’
funerals.
Savage, James Vaughan, Auckland
Extensive anthologies in both books
Prendergast, Dianne, Ashburton
Gavan, Michael James,Taumarunui
Klitscher, Lorraine, Mosgiel
Choices for weddings and civil unions
plus commitment, baby naming and
renewal of vows.
Patullo, Robert Brian, Napier
Elliott, Joelene, Ngongotaha
Jury, Katherine Mary, Hikuai
‘Vows, Words of Love and
Promise’
Morris, Rex, Nelson
Cain, Geoffrey David, Christchurch
Hazelwood, Sheryl, Auckland
21st Century Ceremonies
by Hilary Hudson J.P.
Russell, Anne Bernice, Palmerston North
NZ celebrant author for 30 years
Tafililupetiamalie, Va’afusu’aga
Falemalama Iutoi, Auckland
Todd, Matthew Peter,Gisborne
More than 5,000 ceremony books sold
Wasoori, Sudesh Chander, Wellington
Dated at Wellington
this 28th day of July 2014
Hon Chester Borrows
Associate Minister of Justice
Order from:
Concepts Distribution
PO Box 223 Otaki 5543
$20 each, inc postage
any questions to
[email protected]
Chinese Justices at Conference 2014 in Waitangi got together for a group picture: from left, Kuan Yap JP (Auckland),
Jackie Hui JP (Auckland), S S John Wong JP (Christchurch), Lee Sing Ling, Shirley Sue, and George Sue JP (Central
Districts).
THE NZ JUSTICES’ QUARTERLY
Published in Autumn, Winter, Spring and Summer
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 [email protected], to reach him not
later than January 31, April 30, July 31 and October 31 to ensure publication in the next 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.