Female first for Federation - QUARTERLY April 2016 Volume 85 Number 1 - Auckland Justices Of The Peace Association
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Justices’
Page 1
QUARTERLY April 2016
Volume 85 Number 1
Female first
for Federation
FIAT JUSTITIA
RUAT CAELUM
Page 2 PRESIDENT’S PAGE 1
A busy year ahead
G
reetings to all Justices • Central Regional Represent-
of the Peace, wherever ative Terry Byrne: Ministe-
you are in Aotearoa- rial Education
New Zealand. • Southern Regional Repre-
It was my privilege to assume sentative Gavin Evans:
the office of President of the Finance and Funding Bid
Royal New Zealand Federa- Along with new Board mem-
tion of Justices’ Associations bers, the Federation’s National
at the recent Annual General Office will welcome new staff
Meeting and Conference in in the near future. We had the
Dunedin. Thank you to all as- opportunity in Dunedin to say
sociations for your faith in my farewell and thank you to Sa-
ability to carry out the role for rah Loftus for her five and
the next year. a half years as our National
Justices gathered in Dun- Education Officer (NEO). I am
edin from far and wide and it sure you will all join with me
was pleasing that all 29 asso- in wishing Sarah all the very
ciations were represented in best in her new position as Pro-
person. The feedback I have New Federation President Denise Hutchins after her gramme Director for Continu-
received indicates that most investiture at Conference by predecessor Graeme Kitto ing Legal Education, a compa-
participants identified at least ny owned by the Law Society.
one “take-home message” from the busi- At the time of writing, interviews for the
ness, education and social sessions we a valuable tool for every Justice in New new NEO were about to get under way
enjoyed that will be useful to them and/ Zealand. Greg would be the first to say and the Administration Officer position
or their associations. it was a start and needs to be constantly interviews were in progress. The Regis-
The Otago association is to be congratu- improved, but we may not have even got trar will inform associations once those
lated for the organisation of the event. where we are today unless Greg, ably appointments have been made.
Good planning with the ability to be supported by Liz, had been prepared to Announcements regarding two key ini-
flexible and adapt to situations as they commit considerable time to the project. tiatives were made at Conference. The
arose were the hallmarks of this very Typically, in his farewell address to Con- Ongoing Education Module (OEM) was
successful event. I am sure all associa- ference, Greg looked to the future and made available on the Federation web-
tions will join with me in thanking them challenged those present to grasp the site on Sunday February 28. The mod-
for all their hard work. nettle of change and work with it. ule is intended for all Justices to access
A new Board took office at Conference We welcomed two new regional repre- in their own home and has been devel-
and we farewelled two retiring mem- sentatives on to the Board in Dunedin oped to support education sessions held
bers: Central Regional Representative - Terry Byrne, Central, and Peter Os- by associations. We all learn differently
Kath Blair and Greg Weake, the Imme- borne, Northern. The other five members and the Federation is trying to assist in
diate Past President. The JP community continue on from 2015. The full line-up providing different options to meet those
throughout New Zealand owes a consid- includes a “first” for the Federation in needs. The activities in the module are
erable debit of gratitude to them both. that never before has there been a fe- based around the 2015 Ministerial Man-
male President and Vice-President at the ual. The OEM is a work in progress and
Kath has been on the Board for two same time. Rachael O’Grady and I will will be subject to ongoing development.
years, and two action-packed years they endeavour to make it a memorable first!
have been. She carried a significant The second announcement related to
workload including the communications The Board met immediately after Con- accreditation. Approved by Conference
review survey and report, 200th celebra- ference finished and amongst other 2015, it is intended that this voluntary
tion stamp project and the Vice-Regal things the portfolios for the 2016-17 process will go live on the website on
reception in November 2014. Along year were confirmed: July 1 2016. At that time Justices will be
with these initiatives she was actively • President Denise Hutchins: Strategic able to log whatever education sessions
engaged in many other activities during Planning and the Justices’ Quarterly they have attended recently and answer
her tenure. When you consider she has • Vice-President Rachael O’Grady: Ju- the 50-question test. More information
been her region’s representative while in dicial Education and Legislation will be made available to you as we get
full-time employment, you will under- • Immediate Past President Graeme nearer the go-live date.
stand the commitment she has to Justices Kitto: Policy review and revision I am looking forward to a busy and fruit-
of the Peace. ful year maintaining and growing the of-
• Northern Regional Repre- fice of Justice of the Peace in Aotearoa-
Greg has had a significant impact at sentative Peter Osborne: Com- New Zealand. I am also looking forward
national level. He was the member re- munication and website
sponsible for the governance review in to meeting as many of you as I can dur-
his early days on the Board, and later • Auckland Regional Representative ing the next 12 months.
he spent months bringing the Federa- Pat Samson: Education Trust and Every good wish for 2016.
tion’s website up to date and making it Finance
Denise Hutchins
Page 1 NEWS
Ashburton association
scholarship winner
EDITOR: GEOFF DAVIES JP
Email: merlin81@xtra.co.nz
Phone: 04-472-5566
Telephone 04-918-8447 Fax 04-918-8034
Email: registrar@jpfed.org.nz
Website: www.jpfed.org.nz
ISSN 2382-12164 (print)
ISSN 2382-1272 (on-line)
APRIL 2016
VOL 85 No: ONE
Conference 2016 2-6
Education 7-10
Salvo 11 Ashburton scholarship committee convenors Jan Butterick, left, and Maria
Hibbert with 2016 winner Sally Cunneen, holding her scholarship certificate.
T
Crossword 12 Picture: NOEL LOWE
High praise for Timaru JP 14
he Ashburton Justices of the Peace Association and Ashburton Law Practi-
Family violence law review 16 tioners Society 50th Jubilee Scholarship for 2016 has been awarded to Sally
Cunneen.
Hubbard inside back cover
Ms Cunneen recently completed her secondary school studies at Ashburton Col-
Appointments outside back cover lege with NCEA exam successes in history, English, maths, graphics and New
Zealand law. She is now attending Canterbury University, where she is major-
ing in law and criminal justice.
Patron: His Excellency Lt Gen The Rt Hon
The $1000 scholarship is awarded annually to an “A” student who intends to
Sir Jerry Mateparae GNZM QSO continue in law, and is a contribution towards the considerable cost of purchas-
Governor-General of New Zealand ing law books and other essential materials.
President: Denise Hutchins JP Sally’s twin sister recently received an agricultural scholarship.
Immediate Past President: Graeme Kitto JP
Vice-President: Rachael O’Grady JP
ON THE COVER: Although new
Northern Regional Representative: Federation President Denise
Peter Osborne JP
Hutchins is not our first woman
Auckland Regional Representative: President (she’s the fifth, after Mary
Patrick Samson JP
Symmans, 1994; Julie McKendry,
Central Regional Representative: 2000; Robyn Paterson, 2004; and
Terry Byrne JP Alison Thomson, 2009-10), having
Southern Regional Representative: Rachael O’Grady as her Vice-President
Gavin Evans JP makes her the first to have another
Honorary Solicitors: Buddle Findlay woman alongside her at the “top
Registrar: Alan Hart JP table”. The pair took office at
National Education Officer: Vacant Conference 2016 in Dunedin in
Editor, NZ Justices’ Quarterly: February. Conference coverage can be
Geoff Davies JP found on PP2-6. Picture: NOEL LOWE
Page 2 CONFERENCE 2016
Plaudits for Otago Conference
By Quarterly Editor portant that JPs embrace this change,” she
GEOFF DAVIES said.
Pictures: NOEL LOWE “This includes increased ethnic diversity,
continued recognition of the indigenous
T
Maori culture, an aging population and
he Federation’s 88th National Con- more inclusion for disabled citizens.
ference in Dunedin on February “This Conference also coincides with the
26-28 was a productive and enjoy- Otago association’s 90th birthday. While
able event which has attracted well- this birthday may not seem overly sig-
deserved praise from attendees. The oc- nificant, it is good to celebrate occasions
casion also marked the 90th anniversary such as this. We never know where we or
of the Otago association, the Conference the person next to us will be in 10 years’
hosts. time.”
The opening ceremony on Friday night The official speaker for the event was the
began with a welcome by the King’s and President of the Law Commission, Sir
Queen’s High Schools kapa haka group, Grant Hammond, whose subject was the
He Waka Kotuia, followed by mihi by Changing Concepts of Justice. (The full
Komene Cassidy, to which President Secretary for Justice Andrew speech can be found on the Federation
Graeme Kitto responded for the Federa- website: jp.org.nz)
Bridgman addresses the Saturday
tion. Other speeches of welcome were The first business session on Saturday
given by Otago association president morning business session.
morning featured an address by Secre-
Helen Meiklejohn, Dunedin Mayor Dave tary for Justice Andrew Bridgman. In his
Cull, and the Minister of Immigration, the theme of Conference 2016 was “Jus- speech Mr Bridgman focused on the Min-
Michael Woodhouse, who is a Dunedin- tice for all”. istry’s current key goals and concluded
based list MP. “The composition of New Zealand’s so- with words of praise for the work of JPs
In her remarks Mrs Meiklejohn noted that ciety is continually changing and it is im- in the community.
New Federation President Denise Hutchins, of Nelson in the Central Region, was invested by predecessor Graeme Kitto at
the Conference dinner on Saturday night. From left, Immediate Past President Greg Weake (the most recent holder of the of-
fice from Central), new Central Regional Representative Terry Byrne, Ms Hutchins, outgoing Central Regional Representative
Kath Blair, Caitlin Milne, guest of Ms Hutchins’ great-nephew Christian Kelly, who is at far right, and Mr Kitto.
Page 3 CONFERENCE 2016
“New Zealand takes pride in its democrat-
ic heritage and its commitment to justice,
the rule of law and wider civil and politi-
cal rights,” he said.
“JPs have been involved in ensuring
justice is done without fear or favour in
New Zealand’s communities for more
than 200 years. It is a mighty record of
commitment to service of which you can
all be proud. Thank you for your service,
your contribution to New Zealand and
your commitment to justice.” (His speech
notes can also be found on the Federation
website: jp.org.nz)
At the conclusion of his address Mr Bridg-
man presented a Ministry of Justice Cer-
tificate of Appreciation to Past Federation
President Stan Hackwell of Canterbury,
the senior Past President in attendance.
Mr Hackwell held the role in 1991-1992.
Before the morning tea break Confer-
New President Denise Hutchins pays tribute to outgoing President Graeme
ence was addressed by Mrs Lesley Elliott,
mother of Dunedin woman Sophie Elliott, Kitto and his wife Lalita Hari.
who was murdered by her ex-boyfriend in
2008. Mrs Elliott described the work of vestment” as it stood be deleted and re- • “That the Royal Federation of New
the Sophie Elliott Trust, whose aim is to placed with: “All monies received by or Zealand Justices’ Associations ap-
raise the awareness of all young women, on behalf of the Federation shall be de- proach the Minister of Justice to seek
and their families and friends, of the signs posited to a bank approved by the Board, an amendment to Section 3C (2) of the
of partner abuse. and all accounts shall be paid in a man- Justices of the Peace Act 1957 to give
ner approved by the Board” and “That the the Secretary for Justice discretion
Morning tea was followed by workshop
following be added to the commencement when considering and deciding appli-
sessions on a variety of subjects, and the
of the Constitution: ‘Royal Federation cations by Justices of the Peace seeking
business session resumed after lunch with
of New Zealand Justices’ Associations retired status and who have served less
the presentation of the Board’s annual re-
Incorporated recognises Te Tiriti O Wait- than 10 years’ service.” (Moved Bay of
port and the financial statements. Further
angi, The Treaty of Waitangi and endeav- Plenty, seconded Central Districts)
workshop sessions followed through till
ours to adhere to its principles’. Both After discussion Conference agreed that
afternoon tea, when the business session
were carried. the next remit, seeking to hold Confer-
reconvened to consider two notices of
motion proposed by the Board. Next up were the remits from associa- ence every second year (after the 2018
tions. Those carried were: Canterbury event) and that regional con-
These were that rule 31 “Banking and in-
Denise Hutchins leads a Saturday workshop.
Page 4 CONFERENCE 2016
ferences be held in the intervening years (i e
also every second year), could be split into
two.
The first portion was carried:
• “That after the Canterbury Conference
in 2018 the national Conference be held
every 2nd year.” (North Otago/Central
Districts)
The second, “That the regional conferences
be held in the intervening years i e every
second year as well” (North Otago/Wairara-
pa) was lost.
The Conference dinner on Saturday was Dunedin Mayor Dave Cull shares a hongi
an outstanding meal at the Dunedin Centre with Komene Cassidy.
(the venue for all Conference sessions) with
New Central Regional Rep- an impressive Address to a Haggis by Past
resentative Terry Byrne. Federation President John Falconer and ex-
cellent entertainment provided by the Taiko
Drum Group and junior members of the
Otago/Southland Chinese Association.
On Sunday, many Justices and partners at-
tended an 8am service at nearby St Paul’s
Cathedral, and Conference resumed at 9am
with an address on the Protection of Per-
sonal and Property Rights Act 1988 and
Capacity Issues by Dunedin barrister Geoff
Mirkin.
General business was taken, including re-
porting back from the separate association
presidents’ and registrars’ meetings which
were held before Conference officially be-
New Northern Regional gan, on Friday afternoon. (Regional meet-
Representative Peter ings were also held on Friday afternoon,
Osborne. after the tea break.)
The Budget for the year ending October 31
Past Federation President Stan Hackwell of
Canterbury was presented with a Ministry
Certificate of Appreciation by Secretary for
Justice Andrew Bridgman. From left, Canter-
bury president Bob Macgregor, Mr Hackwell,
Graeme Kitto and Mr Bridgman. The Taiko Drum Group performing at dinner on Saturday night.
Page 5 CONFERENCE 2016
Southern Regional Representative Gavin Evans leads his region’s workshop.
2016 and the Indicative Budget for the
year ending October 31 2017 were adopt-
ed, and Rotorua and Districts associa-
tion president Noel Stevens spoke to the
printed invitation distributed to delegates,
encouraging all associations to attend the
89th Conference to be held in Rotorua
over March 3-5 2017.
It fell to Immediate Past President 2014-
2016 Greg Weake to farewell National
Education Officer Sarah Loftus, who has
resigned to take up a position with the
Law Society.
Greg was on the panel which appointed
Sarah in 2010, and said that he was privi-
leged to be the one to express the Fed-
eration’s gratitude to her for all she had amongst other things Sarah has had to “She has also been very involved with the
contributed. organise the Visiting Justices seminars, website, sorting content and setting up
“With her can-do attitude and huge com- ministerial and judicial trainers seminars, pages of interest and information, all for
mitment to ‘JP land’ she set the scene for judicial practicuums, write articles for the your benefit.
all that we enjoy today by way of educa- Quarterly, write the Judicial Education “If that wasn’t enough, Sarah also re-
tion resources, for initial training, Issuing Bulletin, and create and run the Judicial wrote the Ministerial Manual (amongst
Officer training and now, ongoing educa- Studies course, all the while answering others) and I think this epitomises the
tion with the OEM,” he said. queries from JPs and the public on mat- change that she has brought to the or-
“During a period of intense development, ters of education and development. ganisation: once upon a time, JPs wanted
At the registrars’ workshop.
Lesley Elliott tells
Conference of the mur-
der of her daughter
Sophie.
Page 6 CONFERENCE 2016
Departing NEO Sarah Loftus was farewelled by outgoing Immediate Past
President Greg Weake.
every form in hard copy and specific in- tion website. His energy, dedication and
structions on how to complete them. Now technical skill in that project have been John Falconer addresses the hag-
there is much more focus on having the used to great effect to the benefit of us all.
gis on Saturday night.
knowledge and understanding to com- “Eight years on, Greg, you can look back
plete any document or form and being on your time on the Board and feel justifi-
flexible in one’s approach to the task - be- able satisfaction on your record of accom- significant contribution to JPs in NZ.”
ing more customer-focused, if you like. plishment on behalf of JPs throughout the President Denise Hutchins then invited
“Sarah now inevitably moves on to big- country.” new regional representatives Peter Os-
ger and better things. We knew this day Turning to Kath Blair, Rachael said that borne (Northern) and Terry Byrne (Cen-
would come, but we are so very grateful in her two years as Central Regional Rep- tral) to take their seats with the Board and
for the privilege of having Sarah as part of resentative she has served the 10 Central welcomed them into the role, after which
the team for six years. associations “above and beyond”. she formally closed the Conference.
“We wish her all the very best in her new “At both Board and regional levels Kath • Full details of the Conference busi-
venture with the Law Society.” will be remembered for her unrelenting ness sessions, including reports from
pursuit of focused excellence, as well as workshops and many of the speech-
Vice-President Rachael O’Grady paid
being a person of great kindness and de- es, can be found on the Federation
tribute to the Otago association, espe-
cency. website: jp.org.nz
cially the Conference organising commit-
tee for a “very successful and productive “We are all very grateful to her for her
Conference”.
“Everyone involved is to be
congratulated for their hard
work and commitment,” she
said. A vote of thanks was
passed by acclamation.
She also formally thanked re-
tiring Board members Greg
Weake and Kath Blair.
“Greg’s involvement with
the Federation Board began
in 2008 when he was elected
Central Regional Representa-
tive,” she said.
“During Greg’s time on the
Board, the way we operate as
an organisation has undergone
considerable transformation,
and much of this can be attrib-
uted to Greg’s commitment,
vision, and professionalism,
that all of us value so much.
“During his time as Vice-Pres-
ident Greg committed an ex-
tensive number of hours to the The new Board: seated, Denise Hutchins and Rachael O’Grady. Standing, from left,
redevelopment of the Federa- Terry Byrne, Graeme Kitto, Pat Samson, Gavin Evans and Peter Osborne.
Page 7
EDUCATION Page 7
APRIL 2016
By SARAH LOFTUS: trainer@jp.org.nz 04-918-8445
‘If you want others to be happy, be compassionate. If you want to be happy,
be compassionate.’ – Dalai Lama
From the National Education Officer
I
f you were appointed a Justice of the Peace before
September 2010 you may remember the Spring is-
sue of the Justices’ Quarterly that year, shown at
right. (If you are a newer Justice you can find it on
the website).
Valerie Redshaw had retired as National Education Of-
ficer and I had taken up the role. Now it is my turn to say
goodbye and open the door for someone else to carry on
the work of supporting JPs in all their roles.
For five and a half years I have been one of those lucky
people who can say they love their work. This has not
only been because of the fascinating challenges involved
in writing the new Ministerial Manual, the Initial Train-
ing Module and assessment, the Visiting Justices’ Man-
ual, Issuing Officer Module and assessment, Judicial
Studies Course, Judicial Education Bulletin and these JQ Education Pages, but also because of the people.
He aha te mea nui o te ao? He tangata, he tangata, he tangata!: What is the most important thing in the world?
It is people, it is people, it is people. I’ve said it before and I’ll certainly be saying it in future – Justices of the
Peace are a very special group in our society. Reading this, you may think “Well I’m not particularly special
myself”, but the very fact that you are a Justice means that you have carried out significant community service
both as a Justice and earlier, before your nomination - service which many other members of society do not
contribute.
Thank you for that. And thank you for your communication with me about Justice of the Peace matters, by
email and phone and in person at meetings and conferences. It has always been both interesting and exciting to
learn from you and with you. I hope I have been able to impart some useful and interesting aspects in return.
I wish the Federation and all Justices of the Peace the very best for continued success in all your endeavours.
In these education pages:
Certifying copies for banks and financial institutions P7 Justice of the Peace personal audit P9
Certifying copies for banks and financial institutions
Consider this scenario: A man named Joe Bloggs comes to you with a photo-
copy of his passport to be certified (and a copy of his driver licence, 18+ card
or other ID with a photo). He says “I’m opening an account at a new bank”.
What would you do? What would you write on the copy? Why?
The correct answer is that you would look at him and check that the picture is of him. Then you would write
Certified true copy of passport that represents the named individual Mr Joe Bloggs.
Then you would sign, print your name, “JP”, your JP number and the date (or use your stamp with some or all of this
information.)
Page 8
Page 8 EDUCATION
APRIL 2016
Why? Why use this sentence that is different from an ordinary certi-
fied copy? This sentence and the provision of all the information
about the JP are the requirements of the guidelines for banks and
other financial institutions under the Anti-Money Laundering and
Countering Financing of Terrorism Act 2014. Thus there are differ-
ent requirements for an ordinary copy and a copy for a bank or finan-
cial institution. If the copy is for a bank or financial institution you
must meet the person depicted on the identification and state that the
picture represents him or her. Re-read all the information about this
in your June 2015 manual on PP28-30. There have also been articles
about this in JQ Education pages Summer 2014/15, Spring 2013 and
Summer 2013/14, all of which can be accessed on the website.
The reason it is very important that all JPs grasp this is that people’s
applications for banking and financial services may be rejected if the
copies have not been completed correctly. The Federation receives
regular complaints from banks that certified copies have not been completed correctly, along with requests that this infor-
mation be included in training material. Our response is to apologise and state that not only is it clearly in the manual but
also has been mentioned in our training material three times since 2013.
The standard wording is Certified true copy of document presented to me as an original
(or similar).
The special wording is Certified true copy of
(identification document) that represents the named
individual (client’s name). This is for certified copies of identification
documents that will accompany a form or application that is to do with a bank or financial institution. You do need to
meet the person whose document it is, otherwise you can’t state that the photo represents him or her.
But how do you know what the certified copy of a photo identification is going to be used for? You don’t. If the
client does not mention it, you need to ask.
Study the following scenarios before trying a couple yourself.
Which wording should be used on the certified copy?
1. Jane says she is going overseas and wants to take a cer- He says again that he wants the standard wording so
tified copy of her passport with her, as well as leave one you should use the standard wording. (Make a note
with her parents: standard wording. of this in your notebook in case an irritated person from
a bank rings you in future.)
2. Amanda gives you a photocopy of her power bill and
one of both her driver licence and passport. You ask 5. Ralph says he has been told by the bank to get his iden-
her what these are for and she replies she is opening an tification photocopied and certified by a JP in order to
account with a financial manager. You will need to use open his account but they didn’t say anything about it
the special wording on the two copies with her photo needing anything special. Use the special wording.
on them and the standard wording on the power bill. You know about it and Ralph doesn’t. The bank worker
is entitled to expect that you know what to do when
3. Jack brings a photocopy of his firearms licence and his certifying a copy for a bank.
driver licence. You ask what they are for and he says he
is opening an account at Kiwibank: special wording. 6. Alofa has come with her daughter’s passport and 18+
card and says that her daughter is opening her own new
4. Michael has four copies each of his passport and driver bank account now that she has left school. You can’t
licence and 18+ card. When you ask what they are for certify these copies. Because it is for a bank you
he is affronted and refuses to tell you. You explain to must meet the client’s daughter who is depicted in
him that there is a difference in the wording depend- the photo identification so that you can write “certi-
ing on whether they are going to a bank or financial fied true copy of passport that represents the named
place, or somewhere else like a university or polytech. individual ______” (with the daughter’s name).Page 9
EDUCATION Page 9
APRIL 2016
Now answer a few yourself. Which wording should be used on the copy? Answers below.
1. Kimi has brought her sister’s degree with four copies of it for certifying. Her sister wants copies to take overseas.
2. Junior has brought copies of his 18+ card and driver licence. You ask him what he needs the copies for and he says he
is joining an investment account with his parents.
3. Jennifer gives you a copy of her passport and rates bill and says she is applying for a scholarship from a local com-
munity group.
4. Xavier has brought copies of an overseas driver licence and passport as well as a New Zealand driver licence and
firearms licence. You ask him what they are for and he says he is going to transfer to a new KiwiSaver scheme.
Answers 1. Standard wording. It is not a form of photo identification.
2. Special wording. This is a financial institution.
3. Standard wording. A community group is not a bank or financial institution.
4. As this is a financial matter you would use the special wording.
Justice of the Peace personal audit
There have been quite a few innovations in the JP world over the past few years. To help you ensure you are up to date
with all of them, you’ll find below a “personal audit” tick-sheet to complete. At right there are notes to help if you find
you cannot tick any particular point or are not sure what it’s about.
CHECKLIST 3 NOTES
I know my JP number. You can check with your association registrar or the
3 Federation to find out your number.
Your JP number is nearly always the number on the
end of your website username.
(e g username: bloggs12345 = JP number 12345)
I know my username and password for the Your username is your surname with your JP number
Federation website. on the end. A good way to remember both!
I have a Ministerial Manual dated June 2015. (And I Contact your association registrar if you have not yet
have read it.) received your manual. (In Auckland, contact your
support group co-ordinator).
• Continued on next pagePage 10 10
Page EDUCATION
APRIL 2016
CHECKLIST 3 NOTES
I receive the Quarterly four times a year. If you have had any problems receiving your JQ
magazine, check that your postal address in the web-
site is correct, by looking yourself up on Find a JP.
If you move house remember to log in and change
your address in the My Account area of the
website.
I am aware that I may request an online version of If you want to stop getting your hard copy of the
the Quarterly instead of getting a hard copy in the magazine and instead receive an email to let you
mail. know a new issue is available on the website, email
the Federation Administrator.
administrator@jp.org.nz
I read the Quarterly Education pages and apply the That’s wonderful! The Ministry of Justice requires
information to my practice. the Federation to provide Quarterly education up-
dates to all Justices and expects that they read them.
I remove the Education pages from the middle of the Keeping a folder of the Education pages is certainly
magazine and keep them in a folder. best practice and is by far the easiest way to look for
something you remember you saw “somewhere” in
the Education pages.
I log into the Federation website regularly. If you have a question about JP practice always check
your manual first. Then log in and go to the Ministe-
rial Resources section of the website. If your topic is
not listed there, email the Federation.
I have found myself on Find a JP to check my details It’s worth looking yourself up on the website so that
are correct. you are sure of what members of the public see when
they find you.
I know that I should log in and access My Account if You can add a short note to your Find a JP entry,
I need to change my address or phone numbers, and such as: “Please phone first” or “Available most af-
to make notes about my availability and languages ternoons”.
spoken.
I know that I can amend my contact details in My Ac- When you log in and amend your contact details the
count when I move house or get a new phone number system automatically emails the Federation, the Min-
and that this will automatically alert the Federation, istry of Justice and your association registrar. This is
the Ministry of Justice and my association registrar. a really efficient and useful way of letting three peo-
ple know your new details at the same time.
I know who my association registrar and president If you have not attended your association’s AGM and
are. you are not sure who your current local office-hold-
ers are, check the Contact Us page of the website.
There is a list of all registrars and presidents there.
I have joined my local JP service desk roster or I In many areas, public JP service desks have rapidly
have a reason I cannot join a JP service desk roster become one of the most popular ways to access a JP.
or my association does not yet run a JP service desk. Some Justices have noticed they are receiving fewer
calls at home because of the service provided at these
desks. If your association does not run service desks,
why not help set one up?
I am confident I use the correct wording on certified See article in these pages and check the manual.
copies according to whether they are ordinary copies
or copies for banks or financial institutions.Page 11 OPINION
‘Guilty but insane’
a better verdict
R Trevor
ecently, in the High Court in had refused to take their med- the patient so how much, if
Wellington, a young woman ication, then I would need to any, weight should have been
with a long history of men- be absolutely convinced, ab- Morley JP placed on the patient’s asser-
tal illness was found not guilty by solutely, that she had done so tion that they were? Clearly
reason of insanity of the murder in on this occasion. none. But how, then, to sort
Johnsonville in July last year of a Some of you may well recall out the genuine “fact” from
67-year-old man. the scenes in the mental in- the non-genuine “fact” with
Earlier that day, after family became stitution depicted in the Os- the latter merely a figment of
worried about her condition, she had car-award winning film One the patient’s imagination?
been treated in Wellington Hospital Flew Over The Cuckoo’s I am, of course, relying en-
and had steadfastly refused to swal-
low what I understand was medica-
Nest, which clearly showed
how a cunning patient could
SALVO tirely on public news media
reports of these deaths and
tion of just one tablet. fool a nurse that they had injuries for this article, and it
However, by the early evening she swallowed their medication when is to be hoped that the medical per-
had managed to convince the medi- they hadn’t. sonnel involved have learned a les-
cal staff that she had indeed swal- But wait, there’s more. son, particularly when it comes to
lowed the medication and that it was mentally disturbed patients and the
A lawyer acting for the offender said medication they are supposed to take
safe to allow her to leave the facility. that the man she stabbed to death (under supervision, I might add). In
It may come as no surprise to those was one of the offender’s closest this instance there was apparently a
of you who have some inkling as to “allies” and that prior to her stabbing breakdown in the procedures which,
how the mental health authorities him he did everything he could do if followed, would most probably
treat their “clients” – and there’s a to help her. What’s that old saying have prevented a killing.
misnomer if ever there was – that - something like “with friends like
she was discharged. that who needs enemies?” But there is another issue arising
from this sorry chapter of events,
The tragic consequences of her “free- And none of us should take any and it has much wider implications
dom” resulted in her promptly stab- comfort from the words of a senior for many more innocent individuals
bing to death a member of the public medical practitioner when he said, in New Zealand, and that is the fact
who had been helping her “recov- speaking of the incident, that “… I that we still pursue a practice of re-
ery” that day, plus seriously wound- can assure the public that our staff quiring a court to bring in a verdict
ing a further four individuals, one of constantly considers the safety of of “not guilty by reason of insanity”
whom was a young boy. Upon being our clients and the community…”. rather than my preferred verdict of
arrested a blood sample was taken There’s that damned word “client” “guilty but insane”.
and – no surprises here – there was again. Since when was a “patient”
no trace in her bloodstream of any When a defendant is found “not
in a hospital - and a mental illness guilty by reason of insanity” that
residue of the drug she was believed facility to boot – a “client” of that
to have eventually swallowed. does not, of course, mean that the
facility? Maybe it’s no wonder that person has a conviction entered
A check of her medical file re- the patient thought that the doctors against their name simply because
vealed that during the previous three were trying to poison her. they have not been convicted. In-
months, she had steadfastly refused The family of the client/patient said variably anyone the subject of a ver-
to take her medication. On this par- that they “... had trusted the profes- dict so worded will be locked up in
ticular night she continued in her sionals to exercise correct judge- a prison, or a secure mental health
refusal to ingest the medication, and ment, based on the facts presented facility, until such time as they are
only after several attempts were the …”. I wonder now, is a fact a fact deemed “cured” or otherwise re-
staff convinced that she had in fact when the premise it is based upon is a formed. So they are released into the
swallowed it. figment of the individual’s imagina- wider community under, generally
If I was confronted with someone tion? The medical staff at this facil- speaking, “supervision”.
who, for a period of several months, ity were clearly not trying to poison Being the benign society we are thatPage 12 OPINION
individual will no doubt be CROSSWORD
found some employment ACROSS: 1 2 3 4 5
and they will be left to “fend 1 Path form-
for themselves” (putting it ing a route
nicely) in the big wide world. between
two places
But speaking of employment,
6 US sum-
6 7 8 9
when they apply for employ- mons to
ment they will inevitably be appear in
asked by a prudent employer court
“Have you ever been con- 8 Long, he- 10 11 12 13
victed of a crime?” roic story
10 A marked 14
Given that the decision at effect
their trial was that they were 13 Turn (to) to 15 16
found “not guilty by reason of resolve a
insanity” they could honestly situation 17 18
and truthfully answer that 14 Eighth
question with a firm “no” – Greek letter 19 20
15 Highest
as no conviction would have adult male
been recorded in the criminal voice
record book. 16 Dutch type 21 22 23 24 25
So if for no other reason, and of cheese
17 Pawns
I think it is a very important something
reason, we should drop the 19 Flag 26 26
ability of a jury (or a judge 20 Each of two
alone) to bring in a verdict of 21 Active male achieve a purpose
principle of the
H I D D E N A G E N D A
“not guilty by reason of in- 7 Technician (abbr)
universe in Chi-
S U I D
sanity” and replace it with a 8 Asset ie (anag)
nese philosophy 9 Twin-hulled vessel
Y A N G Q U E S T I O N
verdict of “guilty but insane”
23 Raise a doubt 11 Making reparation
R N I S O
instead. 26 Ulterior motive or amends
E N S I G N E I T H E R
• The opinions expressed in (6,6) 12 Effective procedure
N N H O C K S A
Salvo are those of Trevor 18 Touch lightly
A L T O C N E D A M
DOWN:
Morley and do not represent 22 Anti-smoking group
C T H E T A I A
2 Large ceremonial
those of the Federation or gathering (Maori) 24 Draw
R E S O R T I M P A C T
the editor. Mr Morley can 3 Great spotted kiwi 25 Unusual, D A A H E
be contacted at salvo@clear. 4 Blockage unexpected N E P I C C I T A T I O
5 Biblical high priest
I L U O
net.nz
6 Use of tricks to
H F A R E T H O R O U G
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Support the JP Education Trust
The Justices of the Peace Education appropriate for the furtherance of
Trust was established in 1974 in con- these objects.
junction with the Federation’s jubilee. Trust funds were used to support the
Its purposes are: Emerging Leaders Programme in 2014
· to educate JPs throughout New Zea- and 2015 but the trustees wish to again
land on all aspects of their functions, draw the Trust to the attention of all
responsibilities and role in the com- members and to invite donations to in-
munity crease the work it is doing.
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tasks performed by JPs and the activi- tax-deductible for the purposes of the
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ments of individual JPs · to provide resources and facilities for Donations may be sent to:
· to award scholarships to JPs or others research into any matters of relevance The Secretary
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eration or its affiliated associations such methods as the Trust considers Wellington
NEW Ongoing Education Module
Introducing the new Ongoing Education Module (OEM) for all Justices of the Peace.
All Justices of the Peace now have a web-based resource to access at home in their own time. The module of activities is
designed to support your understanding of the Justices of the Peace Manual: Ministerial Duties, and to support the learning
that takes place at association education sessions.
The Ongoing Education Module can be found in the Member Services page of the Federation website.
Points to note:
• You are able to access the OEM activities as often as you like.
• No record is kept of whether, when or how often you use the OEM.
• The OEM is a “living entity” and will be updated and added to from time to time.
• All activities are in the form of PDF documents. They may be printed to be completed, or opened in your computer to be
written on. There is a separate worksheet and answer sheet for each activity.
• Each set of activities relates to a certain chapter or chapters of the June 2015 Ministerial Manual. It’s a good idea to be
familiar with the manual before you tackle the activities.
• The OEM is not intended to replace association KU2D or other education sessions.
Ongoing Education Module Ongoing Education Module
Section one Section two Section One
Statutory Declarations Certifying Copies Statutory Declarations
Activities relating to Ministerial Manual Chapter 7
Section three Section four Activity Number Date uploaded
Affidavits Witnessing
1.1 February 2016 Questions
Section five Section six
Dealing with Documents Engaging with Clients Answers
Section seven Section eight 1.2 February 2016 Questions
Forms Life as a Justice of the Peace
Answers
History and rolePage 14 NEWS
Left to right, South Canterbury association president Russell Hendry, Kevin Dey, Marie Dey
and association registrar Kath Wills.
High praise for court JP
L
ong-serving South Canterbury JP standing service and was created by the “The year he was appointed Kevin’s
Kevin Dey has drawn the curtains South Canterbury association in 1996. name was one of the 21 JPs included
on judicial work after 28 years. It is only awarded within the South on a minor offences roster which was
In a full-page feature in February, the Canterbury association and is similar to held in the chambers of the courthouse.
Timaru Herald reported that in his court life membership but recipients do not In 1990, Kevin was on the council and
work Mr Dey, 70, “has seen cases rang- necessarily have to be life members. working on the education committee,
ing from burnouts to murders”. and was also the training officer from
Leo Farthing was an outstanding Justice 1990 to 1996.
“At a special sitting of the Timaru Dis- of the Peace and was association regis-
trict Court to honour his service, South trar from 1956 to 1982 (26 years). He “During that period Kevin conducted
Canterbury Justices of the Peace asso- was also treasurer from 1984 to 1991 search warrant issuing training and
ciation president Russell Hendry said and served 38 years on the court panel. mock defended traffic hearings which
that ‘Kevin’s unseen and unknown at- He was a life member and received a benefited other JPs who assisted with
tendance at court could be easily over- judicial work or those who were in-
silver tray on achieving 35 years’ ser-
looked’, including by his fellow JPs. terested in that aspect of JP work. He
vice. Mr Dey has been the only recipi-
Nevertheless, he appeared in the back- attended ministerial training and the
ent of the award.
ground of most of the region’s most se- Southern Region’s training seminars.
The citation notes that he was appointed
rious trials,” the paper said. “Kevin was our vice-president in 1995
a Justice on May 31 1985. and was co-opted on to a sub-commit-
The Herald said that Mr Dey’s approach
had earned him praise from both sides “Recognition and appreciation is now tee to discuss the number of people
of the courtroom: “Timaru lawyer Tony especially conveyed to him for the out- available for court work in 1999.
Shaw told the court Mr Dey ‘was not standing and continuing years of ser- “Without a doubt Kevin’s long and
easily won over by smart-talking law- vice as a judicial JP in Timaru. dedicated service deserves our recog-
yers’ but was ‘non-judgemental’. He “Prior to his arrival in Timaru, Kevin nition. Thank you, Kevin, for all your
has also received praise for his commit- had worked with the local judge on the hard work.”
ment from Crown prosecutor Andrew West Coast, although not on the bench. Although retiring from court duties Mr
McRae.” We are pleased that his West Coast ex- Dey will continue to handle ministerial
Mr Dey received the South Canterbury perience with the court motivated him tasks.
association’s Leo Farthing Memorial to serve as a judicial JP on the bench in
Award in 2012. The award is for out- Timaru after he arrived here.Page 15
A Bloody Journey!
Crime fiction and culture
in southern Italy
15 SEPTEMBER - 9 OCTOBER
Spain: 80 years on from
the Civil War
15 OCTOBER – 9 NOVEMBER
Preventive Conservation
Field School: Italy
7 - 25 NOVEMBER
For more information visit www.victoria.ac.nz/studytoursPage 16 NEWS
Good response to family New measures
track progress
violence law review
T
hree new Better Public Services
N
(BPS) supporting measures will
ew Zealanders have supported help drive the public sector to un-
the Government’s call for new derstand the scale and impact of family
and bold ways to address fam- violence and the number of re-offend-
ily violence, Justice Minis- ers.
ter Amy Adams has said in a media Justice Minister Amy Adams recently
statement issuing a summary of the released the sector’s BPS results for the
submissions received during a public quarter ending September 2015, which
consultation about the Government’s show reductions in the rates of total
comprehensive review of family vio- crime (down 17%), youth crime (down
lence laws. 39%), re-offending (down 7.7%) and
The summary details the range and violent crime (down 10%) since 2011.
strength of views on the ideas in the “The BPS violent crime measure com-
public discussion document released bines both family violence and other
last August, as well as additional ideas types of violence which clouds progress
raised in the submissions. and conflates two different crime prob-
“The discussion document included a lems, each of which requires a different
range of innovative ideas to stir debate response,” Ms Adams said.
Amy Adams
and kick-start a national conversation “The creation of two new supporting
around how we deal with family vio- ily violence. People who had a say on measures of violent crime will provide
lence,” Ms Adams said. protection orders and other legal tools better insight about the violent crime
“While the legal framework is only thought they should be easier to get, rate.”
one part of the family violence system, and the consequences for breaching
them should be swift and certain.” These two measures are:
all of which is being reviewed as part
of our all-of-government work pro- The discussion document garnered a · violent offences in private dwellings
gramme, the laws that apply to family strong response, with almost 500 de- (a proxy for family violence)
violence underpin how agencies, or- tailed submissions received from indi- · violent offences in public places.
ganisations and institutions respond to viduals, groups and organisations. “This new way of representing family
victims and perpetrators, so we need “I thank people for taking the time to violence in our BPS results will help us
to make sure the laws are effective and share their personal stories, observa- gain a better understanding of the lev-
work well together.” tions, frontline expertise, advice and els of violence within the home. This in
The topics that received the most com- research. All submissions have been turn can help target services where they
ments were: read and analysed, and are provid- are needed,” Ms Adams said.
· updating the definition of domestic ing a valuable source of information The latest BPS figures also include a
violence and insight as we develop options for new supporting measure for the re-
change,” she said. offending rate, to provide more clar-
· making protection orders more ac-
cessible and effective Decisions about specific proposals for ity about the number of criminals who
law changes will be announced in up- re-offend within 12 months of being
· removing barriers to safety faced by coming months, with a view to intro- released from prison or starting a com-
specific population groups ducing a Bill later in the year. munity sentence.
· improving information-sharing in The family violence legislation review “The measure shows that despite the re-
family violence cases is part of the whole-of-government duction in the reoffending rate slipping
· creating an additional pathway for work programme that aims to stop back recently, there has been a 25%
victims, perpetrators and whanau family violence from occurring in the decrease in the number of people reof-
who want help to stop violence, but first place, reduce the harm it causes, fending since June 2011. This was driv-
don’t want to go to court. and break the cycle of re-victimisation en by a 27% fall in the number of re-
Ms Adams said that overall, peo- and re-offending. convictions of people who have served
ple who had their say were broadly The programme is overseen by the community sentences. What this tells us
supportive of the ideas for potential Ministerial Group on Family Violence is that volumes overall have fallen but
change, and the consultation con- and Sexual Violence, co-chaired by there are a number of offenders who are
firmed that the discussion document Ms Adams and Social Development more likely to re-offend,” she said.
identified the key issues. Minister Anne Tolley and involving “These supporting measures are not
“As an example, many of the submit- ministers responsible for 16 portfolios. about shifting the goalposts, but help-
ters who commented on information The summary of submissions is avail- ing paint a more complete picture of
sharing between agencies agreed that able at https://consultations.justice. progress so we can target funding and
safety trumps privacy in cases of fam- govt.nz/policy/family-violence-law services to areas of greatest need.”Page 17
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Price: $24.75 Justice of the Peace for New Zealand
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Mail your order with a cheque to Prestige Print, PO Box 9256, Wellington
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September - June
201430- November
2016 30th 2014Page 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.
Bade, James Juergen Dacre Northcote, Auckland Miller, Sarah Louise, Wellington
Banks, John Archibald, Auckland Old, Janice Mary, Palmerston North
Barber, Karen Margaret, Masterton Paulsen, Sabrina, Whangarei
Barbour, Karen Louise, Masterton Polkinghorne, Geoffrey Reid, Auckland
Betts, Sharron Gaye, New Plymouth Poša, Rachel Anne, Hamilton
Cashmore, Maria Cecilia, Hawera Reddy, Vijendran, Gisborne
Chen, JiaJia, Auckland Robertson, Georgina May, Omarama
Deller, Brian Timothy, Carterton Rutherford, Aleisha Kate, Ashhurst
Devgun, Baljinder Kaur, Wellington Shepherd, Matua Richard Henry, Whangarei
Dunlop, Moya Elizabeth, Patea Singh, Joga, Auckland
Evans, David Rawiri Thomas, Wainuiomata Stillion, James Robert, Marlborough
Fernandes, Elaine Maria, Hamilton Thornton, Ross, Wellington
Furness, Jean Elizabeth, Omokoroa Torwick, Murray David, Palmerston North
Gailer, Wiebke, Auckland Va’a, Andrew, Auckland
Glassey, Robert Mark, Bluff Wheeler, Christine Ann, Waipawa
Gomes, Maria Collette, Auckland Williams, Dale Frank, Porirua
Harrison, Margaret Louise, Waihi Young, Andrea, Levin
Hughes, Pamela Maree, Alexandra
Karamat, Parwaiz, Upper Hutt Dated at Wellington
Mardle, Dennis, Southbridge this 6th day of February 2016
Martin, Diane Francis, Katikati Hon Simon Bridges
Mataio, Charlene Bronwyn, Auckland Associate Minister of Justice
CORRECTION
The name of one of the appointees on the list dated September 11 2015 and published in the Spring 2015 issue of the
Justices’ Quarterly was incorrect in the New Zealand Gazette announcement.
The appointee’s correct name is Gilkison, Teri, of New Plymouth.
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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.
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