Justices'January 2021 - QUARTERLY - West Coast JP honoured for service to community - Royal Federation of NZ Justices' Associations
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Justices’
QUARTERLY January 2021
Volume 89 Number 4
FIAT JUSTITIA
RUAT CAELUM
West Coast
JP honoured
for service
to community
PRESIDENT’S PAGE
Strong under pressure
Tēnā koutou katoa ma te tau hou: Greetings to participated in the practicum (see story in this
you all for the New Year. issue). There is a record number of students
enrolled for the 2021 Judicial Studies Course
I hope that the Christmas/New Year season has
which starts in early February 2021.
given you a chance for some quiet reflection on
everything that occurred in 2020. It was certainly In December the National Manager and I attend-
a year that tested the resolve of all of us person- ed a “Road Show” at Parliament. This event was
ally and in our role as Justices of the Peace as part of the induction process for new Members
we served the public. Yet I often think that it is of Parliament. Although it was directed primar-
times when we are under pressure that makes ily at them and their staff, invitations to attend
us realise how strong we are. were also sent to sitting MPs and their staff.
Federation President The road show included a number of service
During the latter part of 2020 Board members Garry Nicholls providers and we were part of that group. While
and I were able to attend a number of associa-
the numbers attending were not as large as was
tion Annual General Meetings. For me, this is one
expected we will be following up with all MPs early in 2021,
of the most enjoyable parts of the President’s role – getting
to make sure that they are familiar with the appointment
to meet Justices of the Peace throughout New Zealand
process and in particular the attributes that we regard as
from all walks of life, but with a common goal of serving the
important for new Justices of the Peace.
public. I was able to meet new Justices of the Peace as well
as those who have served for many years. It was especially Planning is well under way for the 2021 Royal Federation
important that we were able to get a first-hand understand- Annual General Meeting and Conference to be held in Wel-
ing of the challenges that Justices of the Peace faced during lington between Friday February 26 and Sunday February
the various lockdown periods. 28. I am sure that Conference is going to be very enjoyable
for all of those attending. Conference provides an important
I felt particularly privileged to be able to celebrate and
opportunity for participants to meet members from other
present certificates to Justices for long service as well as to
associations and to share ideas and experiences.
those who have made the decision to retire from active ser-
vice, and I have also been very impressed by the number of In 2020 we had to cancel a number of meetings including
members who are prepared to step up and serve on associ- regional conferences and national training sessions, so
ation councils. Congratulations to those who have taken this this Conference plays a particularly important role in our
important step. I am sure that you will enjoy the experience. activities. There is a range of interesting interactive work-
shops covering a wide range of topics as well as a line-up
I also especially thank those who have stepped down or who
may not have been successful in standing for office. Don’t of interesting speakers. The business sessions will include a
forget that even though you are not on your association’s number of remits and notices of motion which I am sure will
council please do not hesitate to put your name forward to lead to some lively discussion. I look forward to seeing as
help if you have a particular skill that you think could be use- many of you as possible at the Conference, which is open to
ful or you have time available. I am sure that your offer would all members. If you would like to attend contact your associ-
be very welcome. ation president or registrar.
While we continued to be challenged by COVID-19 during The Annual General Meeting will see a change in the mem-
most of 2020 I am pleased to report that over recent months bership of the Board. You will all be aware of the changes
the Board and the hard-working team in the Federation of- that occurred in May 2020 after the unexpected resignation
fice achieved some important milestones. The new website of the President. As the new President I was particularly
is now up and running and new material is constantly being grateful to Rachael O’Grady and Denise Hutchins, who
added. Several associations are looking at running education quickly agreed to step into the roles of Vice-President and
courses on the new website. If you have questions about us- Immediate Past President respectively. This has been a busy
ing the website I suggest that you contact your association year, particularly with the fallout from COVID-19, and assum-
registrar in the first instance. Unfortunately, on occasion it is ing these roles meant that both Rachael and Denise have
not possible for the small Federation team to handle queries made significant personal sacrifices to ensure that there was
from individual association members. continuity at the Board table.
The new Ministerial Manual has been printed and is being In 2021, Justices of the Peace will be celebrating 207 years
distributed to associations. There is a hard copy for every of serving the public of New Zealand. There are few volun-
member as well as additional copies for service desks. Apart tary organisations in this country who have achieved this
from updated content the key noticeable difference is that milestone. We as Justices should be extremely proud of the
the new manual is in colour, which makes it much easier to respect in which we are held by the community, earned over
distinguish the different sections. so many years.
In November the 2020 Judicial Studies Course was com- Haere whakamua me te whakaute ko wai koe me nga mea
pleted. There were 13 new Judicial Justices who success- kua tutuki i mua i a koe: Go ahead with respect for who
fully completed the practicum, which is the final step in the you are and what those who have gone before you have
course. The students and the course received high praise achieved.
from the two members of the judiciary who attended and Garry Nicholls
THE OFFICIAL JOURNAL OF THE NEWS 1
Promoting inclusion for all
In December the Government announced a
raft of initiatives in response to the recommen-
AND ITS AFFILIATED ASSOCIATIONS
dations to the Royal Commission of Inquiry
Te Kāhui Pou Whakatau Ture O Aotearoa
into the Terrorist Attack on Christchurch Mas-
jidain.
EDITOR: GEOFF DAVIES JP
The moves will promote inclusion for all New
Email: merlin81@xtra.co.nz
Zealanders while recognising and responding
Telephone: 021 900 228
to the value diversity brings to our communi-
NATIONAL OFFICE: TONY PUGH JP ties, the Government said in a press release.
PO BOX 5005 WELLINGTON The Government will support our diverse com-
Telephone 04-918-8114 Fax 04-918-8034 munities by:
Email: registrar@jpfed.org.nz • creating a Ministry for Ethnic Communities
Website: www.jpfed.org.nz
ISSN 2382-12164 (print) • establishing an Ethnic Communities Gradu-
ISSN 2382-1272 (online) ate Programme
FIAT JUSTITIA RUAT CAELUM • providing wraparound services for the
Let justice be done, though the families of 51 shuhadah and others affect- Priyanca Radhakrishnan
heavens may fall ed by the attack
January 2021 VOL 89 No: Four • establishing a National Centre of Excellence to focus on diversity, social
CONTENTS cohesion, and preventing and countering violent extremism
From the National Manager 2 • trialling support for young children to improve their self-regulation,
Judicial Studies practicum 4 resilience, and social skills.
Education 5-12 The Government will tackle harmful behaviour and discrimination by:
Cover story: Civic award for JP 13 • establishing the New Zealand Police programme Te Raranga, The Weave,
New Year Honours 14
to respond to hate crime and hate incidents
• strengthening the capacity of the Human Rights Commission
Crossword 14
• implementing early intervention to prevent terrorism and violent ex-
Complaints processes 15
tremism through the Multi-Agency Coordination and Intervention
Tech Tips 16 Programme
Hubbard inside back cover • making changes to the incitement provisions in the Human Rights Act,
Appointments outside back cover including amending protections against discrimination to explicitly pro-
tect trans, gender-diverse and intersex people
FEDERATION OFFICERS
• extending the Safer Communities Fund.
Patron: The Rt Hon Dame Patsy Reddy GNZM QSO
Governor-General of New Zealand “Some groups within our communities are not able to access the same
President: Garry Nicholls JP opportunities as others, and experience discrimination, racism, and risks to
Immediate Past President: their safety. This Government is committed to ensuring all people feel safe,
Denise Hutchins MNZM JP that they belong, are valued and can contribute,” said Minister for Diversi-
Vice-President: Rachael O’Grady JP ty, Inclusion and Ethnic Communities Priyanca Radhakrishnan.
Northern Regional Representative:
Nigel Tate JP
Auckland Regional Representative:
Terry Holding JP
Central Regional Representative:
Service for Salvo
Laurie Gabites JP A memorial service for the late Trevor Morley –
Southern Regional Representative: “Salvo” to Quarterly readers – will be held on April
Lindsay Dow JP 9, the first anniversary of his death. Trevor’s passing
Honorary Solicitors: could not be appropriately marked last year because
Buddle Findlay of the COVID-19 lockdown.
National Manager and Registrar:
Tony Pugh JP MBA BBS ACA The memorial will be held at the Harbourside
Professional Development Advisor: Function Centre, 4 Taranaki St, Wellington, at 1pm. All
Shinae Skelton BA LLB are welcome.
Administration Officer: Sarah Gillard BCA
Editor Justices’ Quarterly:
Geoff Davies JP
ON THE COVER: From left, West Coast JP Jeanette Oliver, Grey District
mayor Tania Gibson and Jeanette’s husband John Oliver ... story P13
2 NEWS
TONY PUGH reports from the Federation office
FROM THE
NATIONAL MANAGER
Conference 2021 THREE:
The 2021 Royal Federation Annual Conference will take That the RFNZJA Board review the education and train-
place in Wellington over the weekend of February 26- ing policy and procedures with a view to increasing the
28. The Conference will be hosted by the Wellington allowances and reimbursable expenses.
association and includes the Federation AGM. Proposer: Taranaki
Board elections FOUR:
The following nominations for the Board were received: That the RFNZJA Board review the current Federal
model of association membership and consults member
President: Garry Nicholls associations as part of the review, with an initial report
to be provided to the Royal Federation Annual General
Vice-President: Lindsay Dow, Peter Osborne Meeting in 2022.
Northern Regional Representative: Nigel Tate
Proposer: Northland
Auckland Regional Representative: Terry Holding
Central Regional Representative: Laurence Gabites
FIVE:
Southern Regional Representative: Graeme Barber That Royal Federation Board be empowered to use
The confirmation of President and the election of electronic communications directly to all members of
Vice-President will take place at the AGM in associations, without pre-approval from associations,
Wellington. and where the Board believes that such communication
is being made in the best interests of the member or the
All Board positions take office at the conclusion of the public. Such communications are to be approved by at
Annual General Meeting on February 28 2021. least two Board members prior to sending.
Proposer: Northland
Remits
Full details have been provided to associations including SIX:
supporting statements. That the RFNZJA Board review the format and appropri-
ONE: ateness of Regional Conferences with regard to whether
they deliver outcomes which reflect the needs of associ-
That the RFNZJA Board identify institutions that could ations and Justices.
influence their members to insert their own required
wording for the attestation, above the Jurat, on doc- Proposer: Northland
uments requiring certifying by Justices of the Peace to
comply with their specific AML/CFT requirements.
Proposer: Eastern Bay of Plenty Notices of motion
All notices of motion refer to the Constitution of the
Royal Federation of NZ Justices’ Associations.
TWO: ONE:
That RFNZJA approach the Ministry of Justice with a That the RFNZJA Constitution be amended at Section E
request to have the official wording of affidavits and to read:
declarations in te reo as well as English.
Section E3 (c) Regional Representatives
Proposer: Auckland (i) Written nominations for the positions of the four
NEWS 3
Regional Representatives will be called for by the • A potentially longer period of induction is enabled
National Manager on 1st August annually and may for the incoming President and Vice-President.
be received from any affiliated Association in the • The voting completion date is amended to the first
respective region. An Association may forward only Monday in December and the revote completion
one nomination. date to the second Friday of January. This is for
The date for calling for nominations be changed purposes of clarity where previous prescribed dates
to the 1st June annually. may have been a non-working day.
(ii) Following the 31st July closing date for nomina- The proposed motion has the effect of creating one pro-
tions the National Manager shall advise Associations cess for the election in the two key processes of nomina-
in the respective regions of the nominations re- tion and voting. The eligibility and appointment criteria
ceived…. remain unchanged.
The 31st July date for the closing of nominations Proposer: Federation Board
be added to clause (ii).
(d) Nominations for all Board positions are:
(ii) to be delivered to the National Manager not THREE:
later than 1st November in each year “That a new sub-section be added to Section E of the
Constitution to incorporate two new positions. This
would impact Section E2 – sub-section “v” required, and
This clause to be amended to Nominations for
corresponding amendments to Section E3”.
Regional Representatives to be delivered to the
National Manager not later than 1st August in That two additional positions on the Royal Federation
each year. Board be created, to be filled by representatives elected
from the general membership of Associations without
Rationale reference to any particular Association or Region.
The calling of nominations date of June 1 and a closing Further details and rationale for the changes required
date of July 31 will allow all associations to have a can- have been sent to all associations.
didate chosen prior to the Regional Conferences (usu-
ally held late August/early September) and allow those Proposer: Nelson-Tasman
standing for their respective positions the opportunity to
attend regional conferences and to meet and address the
attending delegates. FOUR
Currently the closing date (November 1) is often more The Board will move that F11 and F12 of the RFNZJA
than two months after the regional conferences are held Constitution are amended in order to enable the Board
and these changes would make sure that all the candi- to provide their comments to any Remits or Notices of
dates are known prior to the regional conferences and Motion (NoM).
ensure that all candidates have an equal opportunity to
address their respective conferences. Rationale
• The Board, with governance oversight of the RFNZJA,
Proposer: Canterbury has a responsibility to provide comments in regard to
remits or NOMs to ensure what is being proposed is:
o consistent with the Justice of the Peace Act 1957,
TWO: the rules of the organisation and other relevant
The Board will move that that there be an amendment to legislation
the Constitution E3 that would align the election of the o does not:
President and Vice-President with that of the regional
representatives. At present the voting for the President – confer any benefit on a member
and Vice-President occurs at the AGM in February-March, – adversely affect the Federation’s charitable status.
while the regional representatives are elected through
• In line with the Board’s fiduciary responsibility it would
associations with voting completed (unless there is a tie)
be appropriate for the Board to comment on any fiscal
by December 1. The change would mean that:
implications of a remit or NOM being presented to
• There is a common and consistent process. conference.
• It would eliminate some of the administrative • The Board is in a position to comment about a remit or
complications in the President and Vice-President NoM against the RFNZJA budget.
election taking place at Conference.
• Seldom do associations provide any financial analysis
• An extended period of consideration is given in the rationale that accompanies a remit or NOM.
to associations for their choice of President and
Further details and rationale for the changes required
Vice-President.
have been sent to all associations.
• The issue of a tied vote for either the President or
Vice-President is clarified by adopting the same pro- Proposer: Federation Board
cedure as if it were for a regional representative.
NEWS 4
Final step in judicial training
By Southern Regional Representative LINDSAY DOW
I attended the two-day 2020 Judicial Studies Wellington association were also involved.
Course Practicum in Wellington at short no-
Aspects of bail applications, Family Court and
tice, standing in for fellow Board member Terry
conduct of the court in general were discussed
Holding, who had had to withdraw because of a
and Judge Morris was very helpful in those areas.
family bereavement. Naturally I was pleased to
We were very lucky to have her input.
have been able to support a colleague, but I also
found it to be a very rewarding experience. The second day was full on, with the students
attending mock courts while also preparing their
Federation Professional Development Advisor
written decisions for the final assessment.
Shinae Skelton had put together the practicum
content and began by introducing Executive Judge Hinton and Judge Morris reinforced to the
District Court Judge Laurie Hinton and District students the gratitude of the Chief District Court
Court Judge Barbara Morris, whose input and Judge for the tremendous work performed by
critiquing over the two days was extremely valu- Judicial Justices in the District Court. The amount
able. After introductions all round, the students of time that JJPs commit enables the judges to
started to relax a little. function with greater flexibility and efficiency. To
quote Judge Morris: “I am stunned by the collec-
The practicum is designed to prepare the stu-
tive expertise and the abilities demonstrated by
dents for actual work “on the bench” and covers
the people who have attended the practicum. I
mock Traffic Court fixtures and presentation of
am confident that we are in safe hands.”
written decisions. The course is supported by the
Police Prosecution Service and the Public De- At the conclusion of the practicum, the students’
fence Service, whose representatives are there to individual reports from both the course (Shinae
assist in these sessions. Skelton) and the practicum (Judge Morris) were
forwarded to the Chief District Court Judge for
The Board supplied two Judicial Justices (myself
his decision on appointment. I wish them every
and Federation President Garry Nicholls), and
success.
Hewitt Humphrey and Caroline Ludford from the
At the Judicial Studies Course Practicum: from left, Jill Wilkinson (Wellington association), Aliah Jan (Frank-
lin), Carolyne Brooks-Quan (Far North), Claire Ashcroft (Auckland), Jacqueline Jonson (Auckland), Mary-Anne
McAllum (Taranaki), Murray Cox (Central Districts), Neil Bleaken (Waikato), Gary Kenny (Eastern Bay of Plenty),
Wiebke Gailer (Auckland), Federation President Garry Nicholls, Southern Regional Representative Lindsay Dow,
Jeffrey Wong (Whanganui), Ian Gibson (Auckland). Absent: Todd Skilton (Wellington)
EDUCATION – January 2021 5
From the Professional
Development Advisor Shinae Skelton
Exhibits with statutory declarations
In the Oaths and Declarations Act 1957, there is 5. Complete an exhibit note on the attachment
no specific requirement for attachments to stat- (see 5.9.4)
utory declarations to be treated in a particular
Annexing (also called exhibiting) attachments to
way.
statutory declarations has become convention
However, best practice is to treat attachments to over time with government departments who
declarations the same as you would an attach- handle statutory declarations often coming to
ment to an affidavit. expect attachments to be accordingly exhibited.
Paragraph 5.9 of your manual: Checklist See, for example, the KiwiBuild statutory declara-
tion. This declaration is one where the organisa-
For each attachment:
tion has included set text within the body of the
1. Certify the attachment as a copy, if required declaration. Rather than the declarant writing
(see chapter 3 for information on how to do their declaration personally, they only need to
this) select the boxes of text that apply to them. The
set text refers to specific documents that the
2. Check the attachment is referenced in the declarant must include with their declaration.
declaration (see 5.9.3) The text also designates letters to each of the
3. Write a distinguishing letter/number on the required attachments. When completing exhibit
attachment (see 5.9.2) notes on the required documents, you would use
the pre-designated letters as indicated in the doc-
4. Have the declarant refer to the attachment ument.
by its distinguishing letter in the declaration
(see 5.9.3)
Statutory declaration quiz
1. The wording used at the beginning and end
of the statutory declaration document is
based upon law. True or false?
2. It is convention for clients to write their occu- declaration in a language other than English
pation on their statutory declaration. True or but must provide a translation of that declara-
false? tion to the receiving agency. Is this correct?
3. If a receiving agency produces a form pur- 6. The Oaths and Declarations Act requires doc-
porting to be a statutory declaration but the uments attached to statutory declarations to
declaration does not match the form of a dec- have exhibit notes on them. True or false?
laration set out in the Oaths and Declarations
Act 1957, would you take that declaration? 7. Only Justices of the Peace, court registrars and
barristers and solicitors are authorised under
4. A statutory declaration cannot be taken if the the Oaths and Declarations Act 1957 to take
client is outside of New Zealand. True or false? declarations. True or false?
5. A client can write the body of their statutory • Answers P10
6 EDUCATION – January 2021
Privacy is precious
“The Privacy Act 2020 introduces greater protec-
tions for individuals and some new obligations for
businesses and organisations.” – Office of the Priva-
cy Commissioner
The Privacy Act (the act) sets out rules for the col-
lection, storage, security and disclosure of personal
information.
To whom does the Privacy Act apply?
According to privacy.org.nz • government departments The definition of “agency” is
(belonging to the Office of the • companies very wide and includes activities
Privacy Commissioner) the act performed by individual Justices
applies to “any organisation or • small businesses of the Peace.
business (referred to in the leg- • social clubs
Judicial tasks performed by Jus-
islation as an ‘agency’), whether • other types of organisations.” tices of the Peace in the District
it’s in the public sector or pri- – Office of the Privacy Commis- Court are not subject to the act.
vate sector. This includes: sioner
Collection of personal information
Are you collecting personal words, personal information.
information from clients? In summary, yes, Justices of the
“Whenever you get personal in- Peace collect personal informa-
formation deliberately, you are tion from their clients.
‘collecting’ it. The Privacy Act What is your purpose?
sets out what personal informa-
take steps to seek and obtain Per information privacy princi-
tion you can collect, where you
information and their actions ple one, personal information
may collect it from and how you
fall within the act’s definition of must not be collected by an
may collect it.” – Office of the
“collection”. agency unless the information
Privacy Commissioner
Under the Act “personal infor- is collected for a lawful purpose
Under the act “collect” means connected with a function or an
mation” means “information
“in relation to personal infor- activity of the agency; and the
about an identifiable individu-
mation, means to take any step collection of the information is
al”.
to seek or obtain the person- necessary for that purpose.
al information, but does not The information collected by JPs
include receipt of unsolicited in their logbooks includes the If you’re thinking about collect-
information”. client’s name and could include ing personal information, the
additional information such first thing you should consider is
Justices of the Peace keep why you are collecting it.
as the task the client sought
logbooks – a record of your
assistance with and the date Is logbook information collected
activities. You may call it some-
of their appointment. Some of for a lawful purpose connect-
thing other than a logbook.
this information can be defined ed with a Justice of the Peace
Justices seek information from
as “information about an iden- function?
clients that is recorded in these
tifiable individual” or, in other
books. In other words, Justices
EDUCATION – January 2021 7
Justices of the Peace maintain logbooks to keep If you are recording information that it is not nec-
a record of their clients and what services they essary to the purpose of confirming your work
performed for them. as a Justice of the Peace to an agency, then your
notes could be in breach of the Privacy Act.
If contacted by an agency to confirm whether
you took a specific declaration or made a certi- Tell people what you are doing
fied copy for a certain person, you can confirm
“If you’re collecting personal infor-
whether you did perform that service for that
mation from someone, you need to
person. Your notes may indicate that you took
let them know what you’re doing.
certain steps to confirm your client’s identity.
The best way to do this is usually
This information collecting is connected with with a clear privacy statement.” –
your role as a Justice of the Peace as it provides Office of the Privacy Commissioner
surety to clients and receiving agencies that the
This can be as simple as saying to your client: “I’m
proper processes have been followed.
just writing down your name and a note that I
However, you should look at your logbook notes certified a copy of your passport. I sometimes get
carefully and consider what information is neces- calls from agencies asking me to confirm that I
sary to collect. was the Justice who certified the document they
received and this record helps me to confirm that
Are you only collecting information that is neces-
I did certify your passport today.”
sary for this purpose?
Keep your logbook notes for as long as
Recording the client’s name, the date and what
they are necessary
kinds of tasks you performed for the client would
be necessary to assure a receiving agency that “The Privacy Act says you should keep personal
the signature on a relevant document belonged information for as long as it is needed for the
to you. You might jot down the client’s suburb or reason it was collected for.” – Office of the Privacy
something similar if you deal with a large number Commissioner
of clients and suspect you will need an addition-
The Privacy Commission does not provide a
al identifying piece of information to jog your
length of time for which documents must be
memory if you receive an inquiry down the track.
stored. Every agency’s requirements will differ.
Do not record anything that would not assist in There is no specific number of years for which
the task of identifying the client and confirming Justices are directed to store their logbooks.
the task you performed for them. For instance, You should store your records for as long as you
recording the driver licence or passport number believe that they will be needed to confirm to
would not be necessary for you to confirm to an agencies that you met the client and dealt with
agency that you met the client on a particular day the relevant documents. But you should not store
and performed a particular task. your logbooks for longer than they are needed.
Other unnecessary information could include the This will require common sense and judgement
name of the client’s partner, the client’s ethnicity on each Justice’s part.
or specific information taken from the client’s
documentation.
Holding of personal information
Store information Privacy Commissioner
securely If you have a locked cabinet, this is an ideal place
“Make sure that you take to store your logbook. If you keep an electronic
reasonable steps to store logbook, you can password-protect it.
and use personal informa- Store your logbook as securely as you are able,
tion securely.” – Office of the not in a place that is easily accessible to others.
8 EDUCATION – January 2021
How should logbooks be disposed of? You should have instructions for those who may
deal with your notes, if you are unable to, for
“Dispose of personal infor-
your logbook to be destroyed without being
mation securely so that no-
read.
one can retrieve it.” – Office
of the Privacy Commissioner Give people access to their
personal information
When considering storage of
your logbook, also consider “People have a right to access the personal
how you should dispose of information you hold about them. You should
your notes when they are keep personal information in a way that is easily
no longer needed and how retrievable so you can:
these will be disposed of if you should pass away
1. confirm that you hold a person’s information
unexpectedly.
if they ask
Your notes should be destroyed rather than
2. give them access to it.”
simply placed in a rubbish bin or public/home
recycling bin. Alternatively, you could remove – Office of the Privacy Commissioner
(by erasing or covering with a vivid) the personal
information from the document before recycling. If your client asks to see what you have written
about them, you can show them. Be careful not
If you keep an electronic logbook, delete your to show the client other logbook entries that are
back-up files as well as the originals. not relevant to them.
Sharing personal information
“Generally, only use personal • it’s one of the purposes for
information for the purpose for which you got the informa-
which you collected it. People tion
get upset if you use their infor-
• it’s necessary to uphold or
mation without their knowl-
enforce the law
edge or permission, and you risk
losing their trust.” – Office of the • it’s necessary for court
Privacy Commissioner proceedings
Ensure your client understands • you disclose it in a form
the circumstances in which you that doesn’t identify the
will share their information. person it’s about.”
You can do this easily when you
clearly explain the purpose for – Office of the Privacy Com-
collecting their information. missioner
Disclose information when you have a You should disclose infor-
good reason mation when it is consistent with the purpose
for which you collected the information. In other
“Be careful about disclosing personal information words, if you receive an inquiry from an organisa-
to people, both inside and outside your agency. tion asking you to confirm that you dealt with a
You can only do this in some situations, such as particular document for a client, this would be an
when: appropriate time to share that information.
• you have the permission of the person the Note, you did not collect the information to con-
information is about firm to any person that you assisted the client. For
instance, your logbook notes were not made in
• another law requires you to disclose it
case the client’s family called you to confirm.EDUCATION – January 2021 9
Contact tracing – is it consistent with the Privacy Act?
In addition to keeping a logbook, Justices of the
Peace may also record clients’ contact informa-
tion for contact tracing purposes. Is it consistent
with the Privacy Act to collect this additional
personal information and to disclose it?
The Privacy Commission’s website says:
“If another law says something different to the
privacy principles, that law overrides the Privacy
Act.
“For example, if another statutory provision al-
lows you to disclose information, in those circum-
stances, you won’t be in breach of the Privacy Act
by disclosing the information regardless of what
principle 11 says.”
However, it is certainly possible to keep contact tained in your logbook. You also are unlikely to
tracing records in a manner that is consistent need to store this information for as long as you
with the Privacy Act. would your usual logbook notes.
Applying the Privacy Act to contact tracing Store this information as securely as you store
What is the purpose of collecting the information? your logbook.
You are collecting contact information in case Sharing the information
you or someone you are in contact with has a You may notice that many businesses have a
suspected case of COVID-19 and the Government paper contact tracing sheet on which visitors can
requires details of every other person you have enter their contact details. It is not recommend-
been in contact with. ed that you do this as all your clients will be able
What information should you be collecting? to see each other’s contact information. You are
technically sharing your clients’ contact details
Information that identifies who you met, when with strangers.
you met them and how to contact that person.
You may be asked by a government agency to
This information could include the client’s name, share your contact tracing information if you or a
the date and time of their appointment and their contact of yours is a suspected case of COVID-19.
contact details. Do so as far as it is consistent with the purpose
for which you collected that information. Share
Advising the client that you are collecting person-
the information if it is required to trace a COV-
al information
ID-19 infection. Do not disclose all the contact
You should advise the client that you are collect- details you have collected if it is not required –
ing personal information for contact tracing. You for instance, if the government agency asks for
will need to ask the client for their contact infor- your contacts for the past week, do not supply a
mation, so this is a good opportunity to explain month’s worth of data.
your purpose to them.
The Privacy Commissioner has modules available
Storage of the information on privacy.org.nz to help you learn more about
the changes to the Privacy Act.
This information should be collected and stored
in a book/document separate to your logbook.
This is because you may be asked to disclose this • Information for this article was taken from
information to a government department who the website of the Privacy Commissioner:
has no right to access the other information con- privacy.org.nz.10 EDUCATION – January 2021
Statutory declarations – answers to quiz
• From P5 lars of their dog. Instead, the purpose of a judicial proceed-
1. Yes, per section 9 (1) of the declaration simply begins: ing, or before a Commonwealth
Oaths and Declarations Act, a “I, [name], solemnly and sincere- representative, or before a so-
declaration made in New Zea- ly declare that to the best of my licitor of the High Court of New
land must be made in the form knowledge the dog to which Zealand.
of Schedule 1 of the act. Sched- this declaration relates does not A declaration made in a country
ule 1 sets out the wording in belong wholly or predominantly other than a Commonwealth
which a statutory declaration to 1 or more of the prohibited country can be made before a
must begin and end. breeds or type of dog listed in Commonwealth representative,
Schedule 1: Form of declaration Schedule 4 of the Dog Control or before a judge, or before a
Act 1996. I make this declaration notary public, or before a solic-
I, AB, of [place of abode and oc- believing it to be true and cor- itor of the High Court of New
cupation], solemnly and sincerely rect by virtue of the Oaths and Zealand.
declare that [insert facts]. Declarations Act 1957.” Note that outside modification
And I make this solemn decla- Second, when the agency creat- orders enabling audio-visual
ration conscientiously believing ed the form, they may not have declarations, oaths and affirma-
the same to be true and by virtue been aware of the form require- tions, the oath would need to
of the Oaths and Declarations ments and may have missed be taken in person by an author-
Act 1957. an element. For instance, the ised person. Some authorised
AB statutory declaration may meet persons, such as solicitors of
the form requirements set out the High Court of New Zealand,
Declared at [place, date]
in the Oaths and Declarations would be difficult to locate in a
JS, Justice of the Peace Act aside from the requirement foreign country.
[or other person authorised to for the declarant to state their 5. There is no legal requirement
take a statutory declaration] occupation. that the body of a statutory
2. Schedule 1 of the Oaths and If you take the declaration, it is declaration must be written in
Declarations Act sets out the unlikely that the form would be English in the Oaths and Declara-
form that declarations must rejected by the receiving agency tions Act.
take. The declarant must state as the agency itself created the Per section 9 (1) of the Oaths
their name, place of abode and form. They are likely to accept and Declarations Act, a declara-
occupation at the beginning the form as it was created to tion made in New Zealand must
of their declaration. However, suit their purposes. The issue of be made in the form of Schedule
see the answer below for more whether the form meets require- 1 of the act. Schedule 1 sets out
information regarding why oc- ments is only likely to arise in the wording, in English, in which
cupation may be omitted from a the rare and unusual instance a statutory declaration must
declaration. where a person is prosecuted for begin and end. Note section 9(2)
making a false declaration. The says “despite subsection (1), if a
3. There are a few reasons why this issue before the courts in that
may happen and Justices may te reo Māori equivalent of the
instance would be whether the declaration prescribed in Sched-
choose to respond in different court can accept a document as
ways. ule 1 is prescribed by regulations
a statutory declaration which made under section 30A, using
First, the statutory declaration in substance appears to be a that te reo Māori equivalent has
may be authorised under a dif- declaration but contains a minor the same effect as using the dec-
ferent act, which does not have defect or irregularity. laration prescribed in Schedule
the same form requirements as An alternative is to ask the client 1”. This means that the begin-
the Oaths and Declarations Act. to add their occupation to the ning and end of the declaration
For instance, in Schedule 1, sec- form, despite this not being must be in English or te reo.
tion 3A of the Dog Control (Pre- requested information.
scribed Forms) Regulations 1996 The act is silent as to require-
you can find the prescribed form 4. False. A New Zealand statutory ments for content in the body of
for a statutory declaration “by or declaration made in a Common- a statutory declaration. There is
on behalf of importer of dog”. wealth country other than New therefore nothing in the Oaths
Unlike the form in the Oaths Zealand can be made before a and Declarations Act prevent-
and Declarations Act, this form judge, a commissioner of oaths, ing the content of a statutory
does not require the declarant to a notary public, a Justice of the declaration from being written
state their occupation or place of Peace, or any person authorised in a language other than Eng-
abode. They do have to list other by the law of that country to lish. Note, other acts may set out
personal details and the particu- administer an oath there for the rules relating to a specific stat-EDUCATION – January 2021 11
utory declaration which could to be affixed to statutory dec- office or title) by the Minister
include language requirements. larations with an exhibit note of Justice by notice in the New
Therefore, there is also no legal written on them. This process Zealand Gazette; or
requirement under the Oaths is required by legislation for • An employee of Public Trust
and Declarations Act that a client attachments to affidavits. constituted under the Public
provide a translation of their Regardless of there being no Trust Act 2001, authorised for
statutory declaration. Nor does legal requirement, best practice that purpose (by name, or as
the act require the translator to is to follow this process. Some the holder for the time being
attach their translation and the organisations, such as KiwiBuild, of a specified office or title)
client’s declaration to a second will reject a statutory declaration by the Minister of Justice by
declaration wherein the trans- if the attached documents are notice in the New Zealand
lator declares that they have not annexed according to best Gazette; or
truthfully translated the client’s practice. • An officer in service of the
declaration. 7. False. Under the act, statutory Crown, or of a local authority
However, for practical reasons, declarations made in New Zea- within the meaning of the
a receiving agency may request land can also be taken by: Local Government Act 2002,
the client submit a translation in • A notary public authorised for that purpose
addition to their declaration. The (by name, or as holder for
process outlined above, where- • Some other person authorised the time being of a specified
by the translator provides their by law to administer an oath office or title) by the Minister
own statutory declaration, is the • A Member of Parliament of Justice by notice in the New
process followed for affidavits Zealand Gazette
written in another language. • In certain circumstances, a
Fellow of the body (incorpo- • Under the Oaths and Modi-
Receiving agencies may simply fications Order, which makes
require a translation rather than rated under the Incorporated
Society Act 1908) that, imme- temporary changes to the
a declaration from the transla- Oaths and Declarations Act
tor. It is recommended clients diately before the commence-
ment of the Oaths and Decla- while the Epidemic Prepar-
ask the receiving agency if they edness Notice is in force, any
will require a translation of their rations Amendment Act 2001,
was called the New Zealand officer or employee of an
statutory declaration and what entity who is authorised for
the process is. Institute of Legal Executives.
that purpose by or on behalf
6. False. There is no legal require- • An employee of the New of that entity, if an enactment
ment for this under the Oaths Zealand Transport Agency, authorises or requires the dec-
and Declarations Act. But, from authorised for that purpose laration to be provided to the
convention, receiving agencies (by name, or as the holder for entity.
expect attached documents the time being of a specified
Availability while away
I’m going to be away for a brief informing the wider public that displayed on “Find a JP”.
period – how do I change my their address might be unoc- If you are planning to be away
availability? cupied on certain days. Justices for a brief period, you can now
On the previous website, Jus- also had to remember to log enter your unavailability on
tices had the option of altering back into the website and up- your profile. Enter the dates
their availability text manually, date their availability when they that you will be unavailable
for instance by writing “Unavail- became available again – which in the “Not Available” section.
able from 1 Jan to 15 Jan 2021”. many forgot to do, resulting You will not appear on “Find a
This approach was disadvan- in a number of out-of-date JP” on the dates that you are
tageous in that Justices were unavailability messages being unavailable.12 EDUCATION – January 2021
Can you sign a warrant to arrest?
Not all Justices of the Peace can Act includes Justices of the Peace.
sign warrants to arrest. Only Judi- However, per section 3B of the
cial Justices of the Peace, who sit in Justices of the Peace Act 1957, a
the District Court and have com- Justice cannot exercise or perform
pleted judicial training, can sign any judicial power or function un-
warrants to arrest. less they have completed training
The legislation in the exercise and performance
of judicial powers and functions to
Per section 37 of the Bail Act 2000, the satisfaction of the Chief Dis-
a warrant to arrest may be issued trict Court Judge. In other words, a
for a defendant by a judicial officer Justice of the Peace cannot exercise
or court registrar. Likewise, under the judicial power of authorising a
section 34 of the Criminal Proce- warrant to arrest without first com-
dure Act 2011, a warrant to arrest served on a defendant.
pleting the Judicial Studies Course
can be issued by a judicial officer or A “judicial officer” as defined by and receiving approval from the
registrar if a summons cannot be section 5 of the Criminal Procedure Chief District Court Judge.
What’s my Immediate Modification
username? Orders
A reminder to those who have yet
to log in to the website.
Your username is the same as it
was under the previous website:
your last name followed by your
JP number.
For example, the username of JP
Smith #1234 will be Smith1234.
How do I
retire?
You can send an email directly to
administrator@jpfed.org.nz or
you can write a letter to the ad-
ministrator requesting retirement.
You do not have to send your let- “Immediate modification orders (IMOs) are issued under section 15 of the
ter or email requesting retirement Epidemic Preparedness Act. IMOs are considered and agreed to by Cabi-
to your association first, although net and take the form of Orders in Council.” – Ministry of Justice website
you may choose to do this. The One IMO amends the Oaths and Declarations Act 1957, which sets out
Federation will notify your associ- the requirements for making oaths and affirmations (such as affidavits)
ation and the Ministry of Justice and statutory declarations.
if they receive a letter or email This IMO is still in place so long as the Epidemic Preparedness Notice
directly from you. remains in force and is renewed. As the time of writing, the Epidemic Pre-
Please specifically identify in your paredness (COVID-19) Notice 2020 Renewal Notice (No 2) 2020 renewed
letter or email that you wish to the modification orders from September 23 until December 23. A new
become “JP Retired”. Sometimes renewal notice is required by December 23 to continue the modification
Justices email or write to their order.
association or the Federation To see the Epidemic Preparedness Renewal Notices, you can go to ga-
wishing to resign/retire from as- zette.govt.nz and search Gazette notices by the keyword/phrase “epi-
sociation membership but wish to demic preparedness”.
remain a Justice of the Peace.NEWS 13
‘Amazing couple’ receive civic award
The West Coast association was over 30 years’ service to her Holy Trinity Church (20 years),
very proud to support the suc- community as a JP, but she and Girl Guides and Brownies (10
cessful nomination for a Grey John have worked tirelessly years), Blaketown School (nine
District Council Civic Award of for CCS Disability Action for 20 years), Grey High School (10
immediate past president Jea- years, being instrumental in the years), Special Olympics (eight
nette Oliver and her husband donation of land and then put- years) and Riding for the Dis-
John. ting many hours into the build- abled (10 years).
Jeanette is a stalwart of her ing of a holiday house there for
CCS families. They remain the It is a well-earned award and
community and a perfectionist
in all she does. As well as her main support for families using one of which Jeanette and John
executive duties for the associa- the house and co-ordinate any can be very proud. They are an
tion, she is a judicial Justice, and repairs and maintenance re- amazing couple who just keep
oversees our service desk in the quired. on giving.
local library.
Other community contributions Congratulations to you both! –
Not only has Jeanette given over the years have been to the Leonie Stenhouse
Top of the South Island The Coromandel
Pelorus Sound, Golden Bay, Molesworth, The Coromandel
Kaikoura & more – March 21-April 11 | 11 nights February 19-27 | 8 nights
Explore the top of the South Island. Cruise the Pelorus The Coromandel Peninsula is an absolute gem, although
sound on a mailboat, the Abel Tasman by water taxi and a well known for its famous beach towns; we are going to
day tour of Farewell Spit. Coal mining history on the Den- have a more comprehensive trip up and down the peninsu-
niston Plateau, a full day to Molesworth Station and whale la. Some fantastic optional walking options for those who
watching in Kaikoura. Several two night stays. would like some extra exercise on their tour.
Walking Chatham and Pitt Islands Walking in Wanaka
November 27-Dec 4 | 7 nights Walk Wanaka and the Siberia Valley
Spend a week exploring the walking trails of the Chatham February 28-March 6 | 6 nights
Islands, with a special two night stay on unique and remote A Wanaka-based walking adventure on some of the best
Pitt Island. trails in Mt Aspiring National Park. Includes a spectacular
day in the Siberia Valley, fly in by small plane & jetboat out.
Stay in lakeside accommodation and carry just a day-pack.
0800 853 276
www.calderandlawsontours.NEWS 14
New Year Honours New chain
Ten Justices were recognised in this year’s New Year Hon-
‘homegrown’
ours. They are, with their association affiliation in brackets:
Officer of the New Zealand Order of Merit (ONZM)
AITKEN, Mr Denis William (Otago) A new pounamu
For services to the dairy industry and the community (greenstone)
Chain of Office
WALLACE, Mr William Raymond (Ray) (Hutt Valley) (right) was pre-
For services to local government and the community sented to West
Member of the New Zealand Order of Merit (MNZM) Coast association
president Tony
ANDERSON, Mrs Susan Veronica (Wanganui) Fortune at the as-
For services to restorative justice sociation’s AGM last
October.
BARNES, Mrs Janet Elsie (Jan) (Waikato)
For services to local government and the community The chain was craft-
ed by Greymouth
DHIRU, Ms Vanisa (Wellington) jade carver Marlene
For services to the community and gender rights Trounson. After discus-
sion with members of
INGRAM, Mr Keith Luke (Auckland) the association exec-
For services to the fishing and maritime industry utive, she developed the
concept of using pounamu sourced from
Queen’s Service Medal (QSM) the length of the Coast. The result is very
much as she had envisaged, with a won-
ADSHEAD, Mrs Gillian Mary (Gill) (Auckland)
derful variety of colours.
For services to conservation
The neck at the back comprises two pieces
BOLDARIN, Mrs Robin (Wellington) of aotea from South Westland, followed
For services to the community and school sports by tangiwai, also from South Westland.
From there on it is all nephrite jade
BOYES, Mrs Yvonne Barbara (Eastern Bay of Plenty)
sourced from Marsden, Rimu, Arahura,
For services to health, particularly nursing and cancer and Kaiwaka.
treatment
The bottom disc is also from the Marsden
CLARKIN, Mr Kerry Patrick (Waikato) field. – Jeanette Oliver
For services to agriculture and the community
1 1 2 3 4 CROSSWORD
ACROSS: 20 Markedly differ- 9 Sightseer
5 6 7 1 Etiquette eg ent (7,5) 10 Nickname
(5,7) DOWN: 15 Take power by
5 Shortened 1 Large vessel for force
8 9 10 11 6 Harbour ill storing liquids 17 Gathered
feelings 2 Provide housing 19 Consume
8 Milk topped for
12 espresso drinks 3 Bold
S T R E E T S A P A R T
18
A R E E
11 Forbid public 4 French E M I T U N S U I T E D
publication of street
13 14 15
R S Q S E
12 Bewilder 5 Unhurried- U F F I Z I S U M M I T
13 Art gallery in ly (2,7)
N Y U R R S
A D U M B F O U N D I
Florence 6 A word
16 17 18 19 R O O I O E
14 Meeting of with a C E N S O R L A T T E S
heads of govt similar A Y A G T
16 Send out meaning
A B R I D G E D S T E W
20 U O U U
18 Inappropriate 7 Justified T A B L E M A N N E R SCOMPLAINTS 15
Review of complaints processes
By Immediate Past President DENISE HUTCHINS
Justices of the Peace do not always get it Feedback from the 21 associations
right when carrying out their ministerial who responded indicated that while
duties. Like any responsible institution, many had not had a complaint in the
member associations and the Federation preceding 10 months, the implemen-
have mechanisms in place to allow the tation of the revised process meant
public to seek redress when things do they had reviewed their own, and in
not go right for them. one instance developed new policy
and procedures. Associations who
The number and type of complaints
had actively engaged with the process
received about Justices of the Peace have
identified benefits including:
changed over the years. In recent times
some associations have found them- • the provision to not have to deal
selves dealing with a wider variety of with a complaint that was beyond
complaints, many not specifically related association resources to manage
to the delivery of a JP service. A remit to DENISE HUTCHINS
the 2018 Federation AGM proposed that • being able to avoid a situation of
the then Board take a broad look at the complaints conflict of interest within the association
process. • better visibility of and clarity in a process the asso-
The remit was carried and the Board undertook a ciation did not use that often
review of existing ministerial complaints processes • a reduction in the number of “active” complaints
during the remainder of 2018. Findings and recom- the association was dealing with at any one time.
mendations from the review were presented to the
2019 AGM, and after discussion member associations Suggestions for improvement to the process from as-
approved a change to the process. These changes sociations were limited. The Board acknowledges that
were introduced in November 2019. (It is important the initial review is relatively soon after such a signifi-
to note at this point that there is a different complaint cant change but wanted member associations to have
process for Justices who sit in court and therefore this the opportunity to identify any aspect that needed
aspect was not included in the review nor this article.) immediate adjustment.
For the past 12 months associations have been respon- Feedback from the wider group also identified oth-
sible for complaints related to the duties and tasks er benefits, including providing a consistent, coun-
carried out by Justices in their ministerial role. Any try-wide approach to complaints that are frivolous or
complaint that falls outside that parameter has been clearly not related to the role/duties undertaken by
managed from National Office. This has meant that if a Justice. However, it also highlighted a number of
a complaint relating to duties and tasks was upheld, issues that provide the Board with direction in terms
the association was able to deal with the matter, as of continuously improving the complaint process. The
they had the power to do something about it – for ex- Board at its November 2020 meeting agreed to:
ample, arrange additional education for a Justice who 1. Implement, in 2021, an education programme for
has incorrectly completed a document or who has in associations about Justice of the Peace complaints
the opinion of the complainant not treated them in a mechanisms (ministerial and judicial) and the responsi-
courteous manner. bilities of the various parties.
Complaints about a Justice that are not related to 2. During 2021 consider mechanisms for the improved
performance in their ministerial role, for example that management of complaints dealt with by National
a Justice is not fit to hold the appointment because Office, taking into account feedback from this review.
they have done something in their personal or busi-
ness life of which the complainant disapproves, have 3. Undertake a further review of the ministerial duties
been managed by National Office. The revised pro- complaints process in the first quarter of 2022 or earli-
cess requires that Board members assist the National er if required.
Manager in the investigation and resolution process
It is acknowledged that mature, healthy organisations
related to these types of complaints.
enable those they serve to let them know when they
A review of the revised process was identified as one consider things have not gone right for them. Any
of the 2020-21 Board’s annual objectives and was system or process requires regular review to ensure it
carried out in September/October 2020. Associations remains relevant and fit for purpose. The Federation is
were surveyed and feedback invited from Board mem- committed to this approach in relation to complaints/
bers and the National Manager. The President and feedback mechanisms, and will continue to review
Immediate Past President conducted the evaluation. them on an ongoing basis.You can also read
