quarterly - Royal Federation of New Zealand Justices` Associations

Justices’
QUARTERLY
Landmark
swearing-in
Page 1
SPRING 2011
Volume 80
Number 3
FIAT JUSTITIA
RUAT CAELUM
Page 2
PRESIDENT’S PAGE
1
Regional conferences time
I
t has been the season of regional conferences. In attending them I have had
the privilege of meeting many fellow
JPs, registrars and presidents, and of
hearing about association issues. I have also
had the privilege of meeting with people
who through their office are important to the
ongoing work of the Federation.
In this context I wish to record with sadness
the passing of Chief District Court Judge
Russell Johnson and express the sincere
sympathy of the Federation and all Justices
of the Peace to Mrs Johnson and their family.
In attending regional conferences I have
talked about the term “carpe diem”. Robin
Williams, in the film Dead Poets Society,
made carpe diem the most Googled Latin
phrase on the internet. Carpe diem as usually translated means “seize the day”. The
original Latin phrase “carpe diem, quam
minimum credula postero” translated means
“pluck/enjoy the day, trusting as little as
possible in the future”.
As Justices of the Peace, we are well able
to seize the day. The Judicial Oath we take
states that “I will do right to all manner of
people after the laws and usages of New
Zealand without fear or favour, affection or
ill will”. That means we have sworn to keep
the peace today to ensure that we will all
have a future.
As we have a future, we have had a proud
past. Today’s Justices of the Peace were
originally titled conservators, wardens, or
keepers of the peace. It was not until 1361,
in the reign of King Edward III, when a
statute gave them the power of trying felonies, and then they acquired the more honourable title of Justices.
The Act of 1361 provided, amongst other
things, “That in every county of England
there shall be assigned for the keeping of
the peace, one lord and with him three or
four of the most worthy of the county, with
some learned in the law, and they shall have
the power to restrain the Offenders, Rioters,
and all other Barators, and to pursue, arrest,
take and chastise them according to their
Trespass or Offence”.
The duties of those early Justices were many
and onerous, and included supervising the
accuracy of weights and measures, the seizing of wine sold for excessive prices, and
assisting those whose homes were burned.
Justices had great authority over the lives
and liberties of those brought before them.
The first appointment of a Justice in New
Zealand was in 1814 when Governor Macquarie of New South Wales appointed the
missionary Thomas Kendall as a Justice
“in the Bay of Islands in New Zealand and
throughout the islands of New Zealand and
those immediately contiguous thereto”.
In 1840, after New Zealand had become a
British colony, the first regular appointments
of Justices were made. The Royal Charter
of 1840, which constituted New Zealand a
Federation President
Kevin Geddes
separate colony, required the Government
to include in the Legislative Council three
senior Justices of the Peace. It is said that
in the early days of colonisation Justices of
the Peace were considered to be in some
measure the representatives of the settlers,
and indeed, in a number of districts, Justices
identified themselves with the popular agitation for self-government.
Today the Federation is the national body of
the 29 affiliated Justices of the Peace associations. These cover all the geographic area
of New Zealand. Total membership of these
associations is currently some 7100 of the
approximately 9000 Justices of the Peace
appointed in New Zealand.
In 1924 the various local associations then
existing in New Zealand agreed to the formation of a national body, initially “The
Federal Council of Honorary Justices’ Associations of New Zealand”. Following the
change to “The Federation of New Zealand
Justices’ Associations (Inc)” in 1927, letters
patent were granted by the Queen in 1967.
Hence the current title, the Royal Federation of New Zealand Justices’ Associations
Inc.
As we plan for the future, as modern day
Justices of the Peace, it is important we understand our past, so we can plan with confidence where we go in the future.
Education Trust Awards
The Education Trust Awards have turned
out to be a major success. The objectives of
the Award are:
• to encourage and reward the efforts and
initiatives of association trainers.
• to provide the Federation with training
materials appropriate for use by all trainers.
The eight entries received by the Education
Trust were judged by the President, education convenor and national education of-
ficer. The judges considered all eight entries
were of sufficient standard to be used for
training purposes.
The winning entry was from Wendy Rowe
and Peter Osborne from the Waikato association. This entry consisted of a DVD and
accompanying training notes. The secondplaced entry came from Joy McDonald of
the Central Otago branch of the Otago association. The judges considered this entry
to be an attractive presentation using a variety of learning styles to illustrate the correct
way to manage ministerial documents.
The third award was given to Colin Davis
from the Auckland association, for a very
comprehensive judicial training guide that
contained excellent flow charts to illustrate
the progress of cases through the court system. Congratulations to all entrants: the
judges awarded $100 to all entries to cover
costs, $500 to the first-placed entry, $400 to
second and $300 to third.
Court panels
Associations will be aware that the meeting
of court rosterers scheduled for July 1 had
to be cancelled because of ash disruption of
flight schedules. In response to a direction
from the Chief District Court Judge and the
Manager for Courts, the Board has extended
the responsibilities of the previous court
panel rosterer by including:
• oversight of an evaluation process for
court panel members
• oversight of a succession policy for court
panels, ensuring that the members of the
court panel are representative of the community
• liaison with the court manager(s)
• being responsible to the association for
the oversight of the training of the court
panel members.
Regional conferences are giving associations the opportunity to debate issues surrounding the re-titled role of Court Panel
Manager. Regional conferences to time of
writing have been supportive of the proposed changes but have proposed that the
title Judicial Panel Manager be used.
Website
The development of the Federation website
is proceeding. The Board has received technical specifications for the complete rebuild
of our website to bring it up to the standard
of performance called for by our members
and for the Federation to serve the needs of
the general public.
The Board has accepted a proposal from a
Wellington-based company called Zeald.
com to rebuild the website so it is better able
to provide the public face of Justices of the
Peace but also has the capacity to provide
specialised electronic training to ministerial,
warrant and judicial Justices.
• Continued P3
SPRING 2011
Page 1
VOL 80 No: THREE
EDITOR: GEOFF DAVIES JP
Email: merlin81@xtra.co.nz
Phone: 04-472-5566
Daisy Scott of Kawhia, a member of the Te
Awamutu branch of the Waikato association,
was sworn in recently wearing a magnificent
cloak she made herself. From left, Bill Fullerton (immediate past president of the branch),
Daisy, and Janet Livingston (president).
Picture: TIMOTHY SCOTT
Education Trust Awards 2
Far North’s 20th 4
Crossword 4
From the Registrar 5
Education 7-10
Salvo 11
Regional conferences 13
Hubbard
inside back cover
Appointments outside back cover
Patron: His Excellency the Governor-General
Rt Hon Lt Gen Sir Jerry Mateparae GNZM QSO
President: Kevin Geddes JP
Immediate Past President: Alison Thomson JP
Vice-President: Greg Weake JP
Northern Regional Representative:
Graeme Kitto JP
Auckland Regional Representative:
Wallis Walker JP
Central Regional Representative:
Michelle Guy JP
Southern Regional Representative:
Bill Saxton JP
Honorary Solicitors: Buddle Findlay
Registrar: Alan Hart JP
National Education Officer: Sarah Loftus
Editor, NZ Justices’ Quarterly: Geoff Davies JP
L
Making a
difference
esley Elliott, mother of murdered university student Sophie Elliott, was recently named Next magazine’s Woman of the Year for her impassioned efforts
to change the country’s attitude towards
abuse and violence within relationships.
The judging panel, comprising Dame
Catherine Tizard, Gareth Morgan and
Next editor Sarah Henry, felt Lesley encompassed all the traits they were looking
for in the Woman of the Year.
Since forming the Sophie Elliott Foundation in a bid to address horrific rates of
domestic abuse in New Zealand, Lesley
has juggled her unpaid work for the foundation with her nursing job at Dunedin
Public Hospital. Every week the 64-yearold travels around the country educating
schools and community groups about
signs of domestic violence.
“Lesley has lived through every mother’s
worst nightmare,” Ms Henry said. “Rather than let that destroy her, she has taken
a stand to ensure her daughter’s death was
not in vain. Lesley is the epitome of the
Next Woman of the Year – a brave visionary who is making a difference.”
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EDUCATION TRUST AWARDS
Page 2
EDUCATION TRUST AWARDS
Praise all round for training awards
The winners of the inaugural Education Trust Awards were announced in the President’s column (inside front
cover). National Education Officer SARAH LOFTUS has the full story . . . .
T
he chairman of the Justices of
the Peace Education Trust, Federation President Kevin Geddes,
has high praise for the winners
of the new Awards.
Judicial trainer Colin Davis received
third prize for a judicial Justices’ court
guide which could be used as an adjunct to the Ministry of Justice judicial manual and bench book. Sections
of the guide could be used by trainers to review Justices’ knowledge of
particular aspects of their court role.
Colin commented that he and Selwyn
Haworth, who did the colour layout,
are very pleased with the final result
and the positive feedback. “Coming
third was the icing on the cake!” he
said.
“All the entries showed excellent effort and understanding of their chosen
topic material,” he said. “Justices are
very well served by their trainers, who
all put in significant hours preparing
learning activities and resources such
as these.”
The Awards were initiated by Trust
board member Wallis Walker as a way
for the Trust to fulfil its aim of supporting the training and education of
Justices of the Peace. They are intended to reward and recognise the work
of association trainers whilst encouraging trainers to develop resources
that can be shared throughout the
Federation for the use of all trainers.
The winners were first, Wendy Rowe
and Peter Osborne (Waikato); second Joy McDonald (Otago) and third
Colin Davis (Auckland). Highly commended (in alphabetical order): Mary
Burge (Rotorua and Districts); Rhys
Morris (Hutt Valley and Districts);
Rachael O’Grady (Gisborne); Martin
Redwood (Hawke’s Bay); Jean Corbin Thomas and Alan Goddard (Central Districts).
Some trainers have already used the
guide at training sessions, and feedback received has included: “Judicial
Justices met and went through the
guide page by page. Everyone was
delighted with it”; and “The colour
layout is tremendous”.
The other entries included a warrant
training session, a PowerPoint for
induction training, and activities and
worksheets on topics including certifying copies and witnessing documents.
Other entrants warmly praised the
Awards scheme. From Gisborne
trainer Rachael O’Grady: “As someone very new to the training role I
entered my training material in the
hope that other trainers would do the
same. By doing so, the association would
be able to gather a good amount of training material, that could be shared around
all trainers and to encourage fresh ideas.”
Rotorua’s Mary Burge said they are a
great initiative:
Federation President Kevin Geddes presents
Waikato’s Peter Osborne with the top Award at
the Northern region conference in Whangarei
on August 27.
The Awards (as personal cheques) were
presented where possible to trainers at
their respective regional conferences.
Receiving his award at the Northern regional conference in Whangarei on August 27, joint winner Peter Osborne of
Waikato paid tribute to the whole team
involved in creating the resource.
“The appointment of a training team in
2005 was an inspired move. This resource is one of the products of that development,” he said.
The winning entry consisted of a DVD
showing a “poorly-administered” and
“well-administered” statutory declaration
for comparison by a group of participants
at a learning session, and supplementary
material for a trainer to use in the session,
including a set of cards showing the order
of events when taking a statutory declaration.
Awards entries were required to include
feedback from JPs who had already used
the resource, and feedback received for
the Waikato entry included: “That was the
simplest most straightforward explanation of a statutory declaration ever, well
done”, and “a good opportunity to see
someone else operate and measure my
own performance”.
Joy McDonald’s entry consisted of a
whole evening’s review and discussion
session on various JP topics under the
heading Managing Change. The activities encourage JPs to review what they
know about topics including passport applications, wills and marriage dissolution
applications, and then ensure they are up
to date with changes. Joy’s feedback from
participants in sessions held in Cromwell,
Alexandra and Wanaka included “easy to
understand”, “well prepared, very knowledgeable in her answers”, and “relaxed
training session”.
“Sharing is what it’s all about – I’m so
looking forward to having access to lots
of ideas that have been tested by our Justices. Ultimately our clients are the ones
who will benefit from us being upskilled.”
Entries are being adjusted where necessary so that the material is in ready-todeliver formats which can be downloaded
or printed from the Federation website.
Many trainers put long hours into writing
resources but these excellent activities
will soon be ready for all trainers to share.
Page 3
Rewarding our trainers
The Education Trust Awards have been
established to encourage and reward the
efforts and initiatives of association trainers, and to provide the Federation with
training materials appropriate for use by
all trainers.
Awards
• The awards are known as the Education
Trust Awards.
• Awards are made to entrants personally.
• The number of and the value of Award/s
is the judges’ decision.
• The Federation President will present award/s at the winner’/s’ regional
conference/s (winner and conference
organisers told in advance).
Entries
• Entries will be accepted from one or
more than one trainer.
• Where a winning entry is by more than
one person, each person will be awarded an equal prize.
• Entries are to be received by the Secretary of the Justices of the Peace Education Trust no later than a specified date
each year (in 2011, this was June 1).
• Entries may consist of a self-learning
resource, one training session, a series
of training sessions, a one-year training
programme, a plan of a local initiative
for training or any other resource or
materials, and must have been developed by the entrant/s personally and
include appropriate attributions.
• Entrants agree upon entry to make their
material available for use by other
trainers.
• Entries must be in a format appropriate
for use by other trainers.
• Entries must have been actually used
by trainer/s and must include feedback
from users or participants.
• Where entrants’ training material is
published or used by the Federation it
will be fully attributed.
Judging
The judges will be the chairman of the
Education Trust, the convenor of the education committee and the national education officer.
Judging is to be completed by a specified
date each year (in 2011 this was August1).
The entries will be judged on the following criteria:
• originality and initiative
• relevance of learning outcomes
• evidence of lasting value to members
who took part
• quality of feedback received from
members who took part
• quality/detail of presentation to judges
• ease of use/appropriateness of entry for
use by other trainers.
Entry form headings
A Name/names and association of
trainer/s making the entry and to whom
any award would be presented:
B Contact details for contact regarding
entry:
C Brief description of entry:
D Aims/planned learning outcomes/topics of entry:
E Details of entry:
F I/we agree to make our entry available
for use by other association trainers.
Signed . . . . . . . . . . . . . . . . . . . .
Trainer for . . . . . . . . . . . . . . . . . . . .
Justices of the Peace Association
Regional conferences time
• From inside front cover
It is the intention of the Board to have all
the Federation training materials available
to members online in an interactive form,
so JPs can not only read material, but test
themselves through a question and answer
facility. It is intended the website, apart
from providing information to the general
public, will become a resource for JPs in
undertaking their duties and a training resource providing material to trainers and
JPs alike.
Design requirements are:
• electronic promotion of the work of JPs
• find a JP – search engine
• email marketing facility – communication to all JPs
• an import/export facility to keep website and JP database current
• a refreshed design
• up-to-date content management system
• accessible support, online and via an
0800 number.
• a search engine to find members online
through a Google search.
Ministerial training
A recent inquiry from the Hutt Valley association was whether there is a requirement for ministerial Justices to receive ongoing training after they have been sworn
in, under the Justice of the Peace Act 1957
and the 2007 Amendment. In a recent
meeting, Associate Justice Minister Nathan Guy, who has responsibility for JPs,
made it clear that it was his expectation
that ongoing training was essential for JPs
to perform their statutory functions. He
undertook to issue a Ministerial Directive
to this effect.
At the same meeting the Minister stated
that he was not prepared to approve any
nomination presented to him that was outside the criteria for nomination of new JPs
as laid down in the 2007 JP Best Practice
Manual. This applies to the age of a nominee as well community support for the
nomination.
The issue of complaints about JPs was
also raised with the Minister. Complaints
range from trivial to very serious, where
resignation is the only option. Most complaints can be managed by associations,
although the Federation Registrar must be
kept informed.
When a complaint is made, doing nothing
is never an option. The complaint must be
managed sensitively and fairly. If there is
one thing I have learned this year, it is that
if a serious complaint is made against a JP,
particularly where there may be media interest, the best course open for the JP is to
voluntarily stand aside from all JP duties
until the matter has been resolved. This
course of action preserves the integrity of
the office while a matter is investigated
and an appropriate resolution reached.
My year of office is proving to be challenging and stimulating, as I expected it
to be. I am privileged to have a brilliant
Board to serve with, and plenty of challenges and projects ahead. All of this is
built on the work of previous Presidents
and Boards, and a superb Registrar in
Alan Hart.
We are not just “carpe diem” people. We
celebrate our past, live and work for the
present but plan and manage for the future.
Kevin Geddes
AROUND NEW ZEALAND
Page 4
NEWS
Far North JPs celebrate
Registrar ALAN HART reports from the Federation National Office
FROM THE REGISTRAR
Federation Past President Ian Knox,
founding president of the Far North
association, passed away after a
heart attack on Saturday October
1. We extend our deepest sympathies to Beren and their family. The
Quarterly will publish an obituary in a
future issue.
Nominations for office
The Far North Justices of the Peace Association celebrated 20 years as an independent organisation on June 17. Thirty-six current JPs, partners and guests
joined with four of the original committee
members at the On the Waterfront Café
in Whangaroa to reminisce and look forward.
From left, the founding president, the late Ian Knox, founding committee members
Dave Brocas, Anne Kitchen and Bob Banks, and guest speaker Mary Symmans.
First president Ian Knox recalled how
Far North JPs were required to travel to
monthly evening meetings of the Northern assocation in Whangarei, more than
two hours each way for some members.
Repeated requests to alternate the meeting venue between Whangarei and Kaitaia
were ignored, because the Whangarei
delegates said it was too far to travel to
Kaitaia!
members could hope to be represented at
regional and national conferences. Ian
noted with satisfaction that the Far North
had sent its full complement of delegates
to every conference for 20 years.
Northern Regional Representative, after
which she went on to become the first
woman Federation President and later one
of the first community magistrates in New
Zealand.
The first elected officers were Judge David McKegg (patron) with Ian as president, and Bob Banks, Anne Kitchen,
David Brocas, Mick Rodger, Jock Cribb,
Michael Colebrook, Rex Faithfull and Ian
Tate, the first four of whom were present
on Friday night.
Mary spoke of the value of community
magistrates, noting that it was up to JPs
to continue to expand their education to
ensure their roles in the community and
in the courts remained relevant.
The guest speaker, Federation Past President Mary Symmans from Hamilton,
was present at the first meeting, held on
June 15 1991 in the Union Church Hall
in Kaeo. She attended in her capacity as
Another voice against the establishment
of a separate Far North association came
from the Auckland association, which did
not believe that a small association of 100
Bob Banks closed out a very successful
evening with several amusing anecdotes
about how the Far North won its independence, including plotting the breakaway move while sitting on the steps of
the Whangarei District Court at 10.30pm!
Joy Quigley
CROSSWORD
15
16
17
20
24
18 19
21
22
23
25
DOWN:
2 Provide weapons
SOLUTION
R
E
C
I
14
S H A P
13
M I
12
R A B B L E R O U S E
S
R
A
E
E
D A M A S C U S
M A R
I
I
E
E
11
Fundamental
Looked like
Large body of water
Give and take mutually
7 Perceive as different
8 Saviour
10 Charges with an offence
11 Take place
19 Disconcert
21 Charged particle
23 Anger
S T R I C T
10
3
4
5
6
S
R
I P S O
A
C
9
ACROSS:
1 Stirrer (6-6)
7 Syria’s capital
8 ---- Ellis, businessman and representative All Black
and Kiwi
9 Rigorous
12 Slip
13 Tease
14 Decorated
15 ---- facto, by that
very fact
16 Born as
17 Favours (with
one’s
presence)
18 A flower
20 Eye part
22 Like the spread
of a tumour eg
24 Bandanna
R I B
A
L
N E E
8
6
T
N
I C E D
N
I
7
5
G R A C E S
D A H L I A
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P
B
T
I R I S
I N V A S I V E
4
R
E F
3
I
2
S
O
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H A N D K E R C H
1
Page 5
A nomination form for Federation office
has been forwarded to associations noting
the relevant extracts from the constitution.
Nominations must be received at the Federation office no later than November 1 2011.
The nominee must countersign the nomination and his/her CV must accompany nominations for the office of regional representative.
Formal nominations are required for the
offices of President, Vice-President, and
regional representative for the Northern,
Auckland, Central, and Southern regions
respectively.
Conference 2012
Planning is now well under way for next
year’s Conference, which will be held in
Tauranga over March 2-4, and registration
forms, together with associated information, have been sent to associations. Contact
your association registrar for details.
Remits and notices of motion from associations for the Conference must be received at
the Federation office no later than November 1.
CONFERENCE DRAFT TIMEFRAME
FRIDAY
The Board has considered at the length the
responses to the survey conducted by the
Vice-President after the last Conference
and has agreed to trial a new format which
while providing for the issues needing action under the constitution and/or the Incorporated Societies Act (now being reviewed)
will provide for a greater involvement of
all attendees. The draft timeframe follows
(above) and all members are encouraged to consider attending,
not just members of association executives.
Learning
Capacity
n Membership
n Non-membership
n Recruitment
n Distribution
Keeping in Touch
n Social
n Luncheon
n ?
n Communication
j via post
j via email
SATURDAY
SUNDAY
9.00
Remits
Worship
9.30Plenary session***
10.00
10.30
Morning tea
11.00 Registration from
Discussion groups
time decided by BoP
11.30
“Something significant”
12.00Conference closes
12.30 Lunch (cost in registration)Lunch
Lunch
1.00
Board meets (with
BoP/N Otago
Conference committees)
1.30
Speaker(s)**
2.00 Conference Discussion groups
commences*
continue
2.30
3.00
Motivational speaker
3.30 Afternoon tea
Afternoon tea
4.00 Regional meetings
•Presidents/registrars
meetings
4.30
•Meet the NEO
5.00
5.30
6.00 Social time with
Social time
finger food
6.30
7.00
Meal
•Installation of President
•Entertainment
7.30 Official opening
of Conference
8.00
8.30
9.00
Future Proofing
Our ability to
deliver a Quality
JP Service
n Ministerial Training
n Ministerial KU2D
n Ministerial Committee
n Judicial Training
n Jusicial KU2D
n Judicial Committee
n e-Learning
Succession
n Roles and
responsibilities defined
and documented
n “Changing of the
Guard”
Regional conferences
It has been a great pleasure to again meet with so
many enthusiastic and dedicated JPs around the
country. The time given freely should never be discounted and while much of the benefit lies in the
better understanding of our roles and service voluntarily given to the public we should not dismiss the
value of these events in relationship-building both
locally and regionally.
One of the interesting presentations at the Northern
regional conference was by the Franklin association
on their work in strengthening their association. This
was, as some will recall, a topic for workshops at
a number of Conferences especially in 2004 and it
is rewarding to see the follow-through. Raj Thandi,
registrar of the Franklin association, has kindly provided a schematic of their presentation which is reproduced at left.
Page 6
New JP training
As also promulgated at regional conferences, the compete revision of the Initial
Training Module for those provisionally
approved for appointment as JPs is almost
ready to be submitted to the Secretary for
Justice, as required for approval under
section 3 of our Act.
At a meeting with the Minister, Nathan
Guy, we took pleasure in advising him of
the progress being made and of the work
in e-learning. At the same time we showed
him the 1735 JP manual recently very
kindly presented to us (to be covered separately in the Quarterly). We also recently
obtained a copy of “The New Zealand
Justice of the Peace, Resident Magistrate,
Coroner and Constable” by Alexander J
Johnston (1820-1888), 1870, printed and
published by George Didsbury, of Wellington. This is the second edition; first
published in 1864, this manual by a New
Zealand Supreme Court Justice enjoyed
two subsequent editions, the last in 1879.
The first part is a treatise followed by
an appendix containing The Component
Parts of the Law of New Zealand, New
Zealand Ordinances and Acts Affecting
Justices and Resident Magistrates, The
Criminal Law Consolidation Acts, Index
to the Statute Law of New Zealand and
Synoptical Tabular Index of the Unrepealed Legislation of the Several Provincial Councils of New Zealand. The next
section is a collection of forms, which is
followed by alphabetical digests of offences punishable by summary conviction
and a description of indictable offences.
Chief District Court Judge
Justices will be well aware that Chief District Court Judge Russell Johnson died on
July 24 after a short illness.
To say we have lost a true friend and
supporter of the work of Justices of the
Peace would be an understatement. He
was largely instrumental in the inclusion
in our 2007 Amendment Act of the references to training for those JPs exercising
a judicial role, and regularly spoke at
Conferences and other JP events.
Our deepest condolences have been conveyed to his family and we were represented at his funeral. Associations will
no doubt appreciate that his death has a
number of implications as to the rostering
agreements – various emails have earlier
advised of the references to be included at
his request. We will also need to ascertain
from his successor whether the judicial
practicums are to continue in the initial
format, or whether alternative approaches
are required. It may be some time before
we can advise further on this.
Auckland Judge Jan Marie Doogue has
been appointed the new Chief District
NEWS
Court Judge, and took up her appointment
on September 1.
Until recently Judge Doogue was the
Northern Region Executive Judge, and
is also an Alternate Environment Court
judge. She was appointed a Family Court
judge in 1994 and was warranted as a jury
trial judge in 2007. From 1983 to 1992
she was a partner in two Auckland legal
firms and in the two years immediately
prior to her appointment to the District
Court bench she practised as a barrister
sole.
In 2009 Judge Doogue served as president
of the Commission of the Hague Private
Law Conference (Child Support Convention). For a period in 2010 she was the
Acting Chief District Court Judge, and
we dealt with her then.
New Secretary for Justice
Andrew Bridgman has been appointed
Chief Executive of the Ministry of Justice
and Secretary for Justice, for a five yearterm from August 16.
Mr Bridgman has been Acting Chief Executive of the ministry since June this
year. He was previously Deputy Chief
Executive at the Ministry of Health from
2007 and from August 2010 to January
2011, he was the Acting Chief Executive
and Director-General of Health.
Mr Bridgman has 20 years’ experience in
the public service, seven of them as a senior manager in both the Ministry of Justice
and the Ministry of Health. Before joining
the Ministry of Health, from 2004 to 2007
Mr Bridgman was the Deputy Secretary
Policy and Legal Group at the ministry.
He was responsible for developing justice
policy and advice to Ministers on matters
relating to criminal justice and crime prevention, constitutional law, human rights,
and public and commercial law.
From 1997 to 2004 Mr Bridgman was the
Group Manager Insolvency and Corporate Compliance in the Ministry of Economic Development. He was also Deputy
Official Assignee for New Zealand and
Deputy Registrar of Companies. From
1994 to 1997 he worked for the Ministry
of Justice, after beginning his public service in 1991 as a senior solicitor in the
Ministry of Maori Development. He was
a solicitor in Rudd Watts and Stone (now
Minter Ellison), from 1987 to 1991. Mr
Bridgman graduated Bachelor of Laws
from Victoria University.
2011 General Election
The General Election and Referendum on
the Voting System are to be held on Saturday November 26. Amongst the campaigning, media enthusiasm and voter
interest, thousands of New Zealanders
will be involved in making sure that the
election runs smoothly.
As in previous years, Justices of the Peace
will play a critical role in ensuring the
integrity and transparency of New Zealand’s electoral system.
This election will be conducted by the
new Electoral Commission established
on October 1 2010, combining the functions of the old Electoral Commission and
Chief Electoral Office. Electoral returning
officers are currently contacting their local JP associations for names of members
available to carry out the roles involved.
The role of Justices in elections is important. Justices monitor the integrity of the
election, particularly of the official count.
The roles include observing hospital voting, the early count of the advance referendum votes and the Official Count.
Your local returning officer may approach
you to assist with the election process.
Please note that while you are carrying
out duties as a Justice you cannot be employed in another electoral role, for example as an issuing officer of advance votes.
Justices are independent observers of
the voting and counting processes. Your
role is to observe these processes. If you
should have concerns at any point, raise
this with your returning officer as soon as
possible.
A Justice must accompany issuing teams
visiting hospitals and rest homes, if scrutineers are not available. A Justice must
also accompany issuing teams visiting
voters at home.
The Justice is there to ensure voter secrecy, and that rights of privacy and protection from influence are maintained. If required, you may assist a voter to complete
a declaration. This should be the limit of
your communication with the voter.
Electorate headquarters must have a Justice present during the Official Count
(after Election Day) to provide impartial
observation.
The General Election is one occasion
when fees for services are applicable.
Whilst not a true wage representing the
hours worked, it is an acknowledgement
of the important role of Justices in maintaining the integrity of the election.
Full information about the role of Justices in the electoral process is available
through your local association, from the
Electoral Commission on 0800 36 76 56
or via the website on www.elections.org.
nz.
Items for sale
See our advertisement on P12 . . . demand
has been so great that further stocks of the
new tie have had to be ordered!
E D U C AT I O N
Compiled by SARAH LOFTUS: jptrainer@jpfed.org.nz 04-918-8445
Page 7
ED9
SPRING 2011
‘To know the road ahead, ask those coming back’
(Chinese)
From the National Education Officer
Tena koutou to all Justices of the Peace.
In spring we enjoy the daffodils and other bulbs flowering, trees blossoming and new leaves forming. All that new
growth seems to bring on clichés about the circle of life although I’ll refrain from repeating any here! But it’s true:
one is often inspired to new things in spring and to making
plans for the future to build on the efforts of the past.
The Federation has plenty of plans afoot for the continuing
education and updating of new and existing JPs. The new
initial training module to complement association training
provided to nominees is complete and awaiting the approv-
al of the Secretary for Justice (per S3(2) Justices of the
Peace Act 1957). Further interactive modules for existing
JPs will be developed over the next few months.
The Federation website will soon have a more user-friendly format and we hope you will go to it regularly to find
news and documents. Trainers will have their own area of
the website, to find and share education session outlines,
resources and ideas. An informed and up-to-date Justice
of the Peace is a more fully competent JP when unusual
requests arise and we hope that all JPs enjoy having easier
access to information and support.
The Learning Centre
French words and phrases in English: it’s surprising how much French we speak and hear around us without realising
we’re using another language. Do you know these ones?
Vol-au-vent: “flight in the wind” - a light pasty shaped so that it can contain fillings
Crème brulee: “burnt cream” - a custard dessert with a hard caramelised sugar topping
Avant garde: “ahead of the pack” - used figuratively in English to describe events, fashions, arts or individuals who
are before their time or “cutting-edge”
Dieu et mon droit: the motto of the British monarch - it translates directly as “God and my right”, and has been interpreted in different ways including “God and my lawful right [to rule]” and “God at my right hand”.
Honi soit qui mal y pense: the motto of the English Order of the Garter - can be translated along the lines of “Shamed
be he who thinks ill of it” or “Evil be to him who evil thinks”.
Unusual words (don’t be tempted to turn to the dictionary page straight away!) Answers ED12
Epexegesis _____________________________________________________________________________________
Epenthesis _____________________________________________________________________________________
Epeirogeneny__________________________________________________________________________________
From the mouths of babes:
“In last year’s school show John played one of the main prats. I played one of the smaller prats. This year I would like
to play one of the bigger prats.”
“… and at the end of the show we all sang ‘Away in a Manager’.”
“Sometimes in the war they take prisoners and keep them as ostriches until the war is over. Some prisoners end up in
constipation camps.”
Page 8
ED10
E D U C AT I O N
E D U C AT I O N
SPRING 2011
JUSTICE OF THE PEACE ROLE
What if a newly-appointed JP
downloaded the Bible to an e-book . . .
could their Judicial Oath and Oath of
Allegiance be sworn on it?
Many Quarterly readers will have seen or used a device called
an e-reader or e-book, like a small thin laptop with just a
screen, to which the text of books can be downloaded and
read on the screen. There are several brands of these including
Kindle and Kobo.
S3 of the Oaths and Declarations Act 1957 sets out forms in
which an oath may be administered, and provides a range of
choices for taking an oath. It says in (a) that the person can
hold a copy of the Bible, New Testament or Old Testament
in their hand, and repeat the words of the oath; in (b) that the
person can hold a copy of the Bible, New Testament or Old
Testament in their hand and have the person administering the
oath say something like “You swear by almighty God that…”
and they say “I do” at the end; and in (c) that the oath “may
be administered and taken in any manner which the person
taking it may declare to be binding on him”.
Then in S4 the Act allows that if a person does not want God
mentioned, they may make an affirmation solemnly, sincerely
and truly instead, and in S5 that even if they “swear by almighty God” but in fact have no religious belief, it does not
affect the validity of their oath.
These sections together therefore form a catch-all enactment
whose meaning is that it is the intention to be bound by the
oath that matters more than the form in which it is taken.
It is interesting to note the use of “a copy of the Bible …”
in S3(a). Normally, of course, there is a copy of the Bible
in a courtroom, but any copy of the Bible in any translation
or language, or any photocopy or handwritten copy and so
on would suffice, according to S4. One has heard of people
swearing oaths on what they thought was a Bible but was in
fact a dictionary in a Bible’s cover rustled up by the registrar
at the last minute! Whatever the intentions of the registrar,
it’s clear the person’s intention to be bound by the oath would
not be affected.
So, putting it all together the simple answer is yes. If a person declares that swearing on an e-reader copy of the Bible
is binding on him or her and it’s clear to that person and the
person administering the oath that it’s the Bible showing on
the screen, then it is.
Is your pen ink permanent?
Most ordinary ballpoint pens contain standard ink which actually stains paper and is generally considered permanent. Erasable pens, which contain a coloured rubber cement solution
that simply sits on the surface of paper, have been around for
some time but have been enjoying extra advertising and popularity recently.
The rubber solution is soft enough to be rubbed off the paper
as easily as pencil, usually with the end of the pen, which is
designed for that purpose. The rubber solution hardens and
after about 24 hours is not so easy to rub off without leaving a
mark, but can still be rubbed off. You may already have one
of these pens yourself, but if not you may be interested to look
at them and try one out at a stationery shop so that you are
familiar with what they look like and how they work. They
may be very useful in various situations. However, a person
wishing to fraudulently change a document or signature after
it has been declared or witnessed could potentially do so if the
writing was done with an erasable pen, even though if it ever
came to examination a hidden imprint of the writing would
likely still be there.
Therefore Justices of the Peace should ensure they provide
clients with an ordinary ballpoint pen for signatures. A client
insisting on using a certain pen should be asked why, and the
JP could ask to check the pen before signing takes place.
JPs must not witness Property
(Relationships) Act 1976 agreements
The Property (Relationships) Act 1976 is mainly about how
the property of married couples, civil union couples and couples who have lived in a de facto relationship is to be divided
up when they separate or one of them dies.
Part 6 of the Act provides that couples may “contract out” of
the Act – in other words, if they want to they may make their
own arrangements about how their property will be divided
up if they separate or one of them dies. Contracts like these
are commonly known as pre-nuptials or “pre-nups” because
many couples make them before they marry or have a civil
union or begin to live together as a couple as defined by the
Act, although in fact such agreements can be made at any
point in the relationship, including after the break-up.
Justices of the Peace may witness most general written agreements made between people. However, an agreement between
two people made under S21 of the Property (Relationships)
Act 1976 must NOT be witnessed by a JP. The Act specifically states in S21F that such an agreement is void unless it
complies with certain requirements, one of which is that the
signature of each party to the agreement must be witnessed
by a lawyer.
Although as a JP you are not privy to the actual content of any
document you are asked to witness, you must be prudent in
checking what kind of document it is and whether you may
in fact witness it.
‘Fair Go’ item on validity of birth
certificates without ID numbers
An item about birth certificates on the television programme
Fair Go in early August caught the attention of many JPs. The
item covered the fact that in 1998 birth certificates began to
be issued with a unique identification number. Pre-1998 birth
certificates do not contain such a number. However, this does
not mean that all such birth certificates are invalid. It only
means that if agencies specify that they want certain applicants to have that type of birth certificate, then the older birth
certificates are not valid for that application, and those applicants must obtain one with a number if they want to proceed
with the application.
Inland Revenue was the agency on the programme. For new
applications for their services, Inland Revenue only accepts
birth certificates that have the unique identifying number, so if
a person does not have that type of birth certificate they must
get one (at a cost of $26.50). It is also possible to use a passport to apply for Inland Revenue services - for a person born
in New Zealand a new passport application does not require
any birth certificate at all (but it costs $153.30).
Having said this, it is no more than general knowledge for
JPs. Justices of the Peace are not Inland Revenue-appointed
verifiers, so you will not be asked to process Inland Revenue
applications requiring these particular birth certificates.
If the question of birth certificate validity should come up with
a client, have the client check in advance with the particular
agency they are applying to which birth certificate it accepts.
Notaries public for verification
of United States documents
Further to the paragraph “Using a notary public in New Zealand” on ED3 in the Autumn 2011 Quarterly, it has been
brought to our attention that the United States embassy requires that only certain notaries public be used to verify documents for their attention. The list of approved notaries can be
found at http://newzealand.usembassy.gov/ then by clicking
on “Citizen services” at the top of the page, and “Professional
services” from the drop-down list.
Using JP after your name - reminder
of 2010 guidelines
Following one or two interesting examples received at the
Federation office recently, it is timely to review the guidelines
for the use of the letters JP after your name which were ratified at Conference 2010.
Justices of the Peace are entitled to use the letters “JP” after
their name, and it is proper for the letters to be inserted after
royal honours at all times, but preceding academic, professional and other qualifications, e g John Smith MC QSO JP
BCA Dip BS FBINZ AAMINZ.
The criteria for use are based on the assumption that appointment to the office of Justice of the Peace indicates a sense of
good judgement and a commitment to the integrity of the office on the part of the appointee.
Although it is customary for the letters JP to be placed after
the name of a Justice of the Peace, the propriety of doing so is
limited to certain instances.
There is a clear division in use between allowing the letters
to appear after a name on company prospectuses etc, but not
on letterheads of the same business, or even business cards.
In a business setting, wherever possible, the letters should not
be used on their own, so as to avoid the accusation of commercial influence.
Acceptable use
When signing as a Justice of the Peace:
• correspondence
• personal
• private notepaper
• social functions
• election pamphlets and verbally for parliamentary and local
body elections
Page 9
ED11
SPRING 2011
• public company prospectus or annual report
• professional business cards or letterheads where in addition
to other honorifics, qualifications
• personal visiting cards without business or similar information
• on a gate plate (usually shown as “Justice of the Peace”)
Unacceptable use
• cheques
• driving licences
• commercial advertising
• election billboards (parliamentary or local body)
• business envelopes
• personal matters not related to Justice of the Peace matters
• where clearly intended to create a business or similar advantage
• in email or fax addresses
• by marriage/civil union celebrants
• in letters to the editor of newspaper or magazine
The overriding principle is that:
No use should give the impression that the use of the letters “JP” is for the purpose of furthering trade, business
or professional interests or of enhancing the status of the
individual relative to his or her peers.
Community services card applications certified copy requirements
Another example of specified requirements for certified copies has surfaced: the Work and Income community services
card application. Certified copies of identity documents must
carry “the position (JP, Lawyer, Notary Public or Registrar
of the Court), date the photocopy was made, address and
telephone number of certifier, signature of certifier, and the
words ‘This photocopy is a true copy of the original document
which has not been altered in any way’ (or wording of similar
effect)”. In spite of the last bracket, it would certainly seem
prudent for JPs to use the exact words, given that the agency
has taken the trouble to specify them.
As a matter of course, check with clients whether or not they
have received a “form guide” or similar, as such requirements
are becoming more common and some agencies eagerly return documents not completed exactly as specified.
Who can certify a copy?
As you are aware, a Justice’s ability to undertake the act of
certifying a copy as a true copy is not conferred by a particular law, compared, for example, with the authority to take
declarations, which is specifically conferred on Justices of the
Peace in S9(1)(b) of the Oaths and Declarations Act 1957.
Certifying a copy as a true copy is clearly not taking a declaration, and although the two functions are frequent for many
JPs, it is important not to confuse them.
Authority to certify a copy is simply conferred by any agency,
department or business on a nominated group or individual
whom they trust to act as their “eyes” to look at documents in
the original which that agency cannot see.
PageED12
10
OPINION
E D U C AT I O N
Clearly a representative of the originator of the document (for
example the university from which a degree actually came)
is the first choice as the most acceptable person to attest that
a copy is a true copy of an original, but that is not always
possible. In the past, agencies all accepted Justices of the
Peace and postmasters (among others) to do this task, as highly trusted and accessible members of the community. Now,
since the demise of the local postmaster, it is more commonly
JPs, notaries public, and registrars of the court who appear on
the standard list.
In recent years agencies have begun listing rather more specifically exactly who they will and won’t accept. Justices of
the Peace are still nearly always on these lists. The Work and
Income Application form list mentioned above is an example
of an agency that does accept Justices of the Peace, but Inland
Revenue (see the Fair Go item on ED10) is an example of an
agency that does not accept Justices of the Peace, at least in
that instance. An Australian form was received recently with
a list of acceptable certifiers which ran to twenty different occupations, including chiropractor, vet and psychologist – and
Justice of the Peace! This is entirely the prerogative of the
agency.
Principals of schools have been authorised to certify copies
in some circumstances too. In earlier times, along with the
postmaster, they were at the centre of the community and
were often someone an entire small community knew and
trusted. School principals are still sometimes listed as approved certifiers, but not often. Some principals have apparently had stamps made and have reached a point where they
feel comfortable certifying and even witnessing all manner of
documents.
The Federation has received a few notes of concern about
this. If the topic should arise in your community, mention
that principals should operate under the same rule of thumb
as Justices of the Peace – that is, be mindful of whether or
not the agency requesting the certified copy will accept your
signature.
The following examples taken from agency websites all give
similar messages.
Physiotherapy Board of New Zealand:
“Who may certify a copy?
The issuing authority, an official such as a solicitor, notary
public, Justice of the Peace or Commissioner for Oaths may
certify a copy.
Please see the attached list for those officials the Physiotherapy Board recognises in your country.”
Australian High Commission:
“Obtaining certified copies of documents:
The Australian High Commission in Wellington and the Australian Consulate-General in Auckland can make certified
copies of original documents. Some Authorities will only accept certified copies made by certain persons and it is your
responsibility to ensure that the Authority to whom you are
sending the documents will accept a certified copy made by
an Australian mission.”
New Zealand Police:
“Can police officers certify copies of original documents, e g
for immigration forms?
Certified copies are copies that have been stamped and endorsed by a person who is able to certify the copy is a true
copy of the original. The person who does the certifying must
be an official of the issuing authority or a person authorised to
certify those documents. Generally police don’t certify copies
of original documents unless the certifying instructions list
police.”
SPRING 2011
Attachments and exhibit notes
It is vitally important that all JPs review their understanding of
exhibit notes on attachments to affidavits: refer to paragraph
5.4 of your manual. Affidavits are used in court as evidence
and when there is a mistake a case may need to be adjourned,
causing cost and delay for participants.
If someone brings you an affidavit with an attachment you
must write or stamp an exhibit note on each attachment and
write a separate letter of the alphabet on each separate document, normally starting with A. If there is more than one
document it is usual to use B, C and so on. The affidavit itself
must refer to the documents and should have letters already
allocated to the documents, so you will need to read the affidavit at least enough to find the letters, or have your client
read the relevant sentences aloud.
Examples:
Affidavit says: “A copy of my timesheet is attached and
marked A”.
YOU WRITE: “A” at the top of the timesheet and “This is the
document marked A referred to in the affidavit of _______
sworn/affirmed this __day of __ 2011” (or use your stamp).
Affidavit says: “A copy of my medical certificate is attached
and marked B”.
YOU WRITE: “B” at the top of the medical certificate and
“This is the document marked B referred to in the affidavit
of _________ sworn/affirmed this __day of __ 2011” (or use
your stamp).
Citizenship: why does a mayor not sign
a piece of paper at a citizenship
ceremony the same as a JP does?
When a JP does a private ceremony the JP is acting in an administrative role and signs the forms for the Department of
Internal Affairs. The JP also takes the oath and because it is
a private ceremony, signs to witness that it was taken, i e that
the person took the oath out loud.
When a mayor does a public ceremony Department of Internal Affairs or council staff complete the administrative role.
When the mayor takes the oath in a public ceremony, there
are multiple witnesses, i e people there who heard the person
speak. Because of this there is no need for the mayor to sign
anything. The key difference is that the mayoral ceremony
is public and other people were there to witness the person
taking the oath.
Congratulations to students
Congratulations to the following Justices who have completed
the Judicial Studies Course at Open Polytechnic: Jan Bullen,
Wanganui; Lovesatina Fleck, Hamilton; Clive Houston, Hamilton; Judith Nathan, Wellington; Stanley Saw, Auckland;
Celia Smith, Nelson; Sheryl Sutherland, Christchurch; Trieste
Te Awe Awe, Palmerston North; Saba Vallipuram, Wellington.
Learning Centre quiz answers – Unusual words
epexegesis: addition of words to make the meaning clear e g difficult to do
epenthesis: insertion of a letter or sound within a word e g b in thimble
epeirogenesis: (geol) process of Earth’s crust moving to make continents
Source: Concise Oxford Dictionary
Page 11
In the Court of Public Opinion
Scene: A courtroom in the Court of
Public Opinion at the Hall of Justice.
particular event in the war in a
straight way”.
Registrar: All rise for his Honour, the
senior Judge of the Court of Public
Opinion, his Honour Sir Roger Reasonable!
Let me emphasise those two
words to you – “straight way”.
There we have it, from Sir Peter Jackson himself: his philosophy, if you will, on how he
perceives his film will indeed
be, true to form.
To the shuffling of feet and bodies rising Reasonable J enters the courtroom
and takes his seat, and the assembled
multitude sits.
Lawyer: If it please your Honour I appear for the plaintiffs in this case who
are, as you may be well aware, that
body of good citizens known to all as
“public opinion”.
Reasonable J: And you are?
Lawyer: I am Trevor Salvo, engaged
by the plaintiffs to plead their case in
this court.
Reasonable J: Thank you Mr Salvo,
you may proceed, but before doing so
can you please enlighten the court who
the defendant “S Fry (Esq)” is, as well
as the identity of the co-defendant,
Anor, presumably Mr Anor.
Mr Salvo: Certainly. The defendant “S
Fry” is of course the well-known raconteur, writer, and actor Stephen John Fry.
I can now reveal that his co-defendant is
not a “Mr” but is indeed a knight of the
realm, one Sir Peter Robert Jackson, the
well-known film director and producer.
They face a joint charge of committing
political correctness.
Reasonable J: Quite. Proceed.
Mr Salvo: Mr Fry and Sir Peter have
been and still are, with numerous others, engaged on an enterprise to remake
a 1954 film entitled The Dam Busters.
Whilst Sir Peter may be better known,
cinematographically speaking, for his
“fantasy” films, it has been widely reported in the news media, going back
some five years, that this remake will
be “a fact-based World War 2 aviation
drama” – and let me emphasise those
words “fact-based” as they are at the
very heart of this present matter.
Sir Peter has also been quoted as saying that he does not want to “make a
film that is judging and moralising the
events” but rather he wants to “make a
movie that is reflecting the values that
existed in 1943”. He goes on to say
that “we want to tell the story of that
Trevor
Morley JP
Why, then, you might well ask,
are we here? Well, we are here
because of a word. Yes, a single
word. To be precise, a six-letter
word, containing two vowels,
“e” and “i”; the letter “g”, twice; the
first letter “n” and the last letter “r”.
Together they comprise the word “Nigger”.
SALVO
The story behind why this one six-letter
word has, in the year 2011, become so
contentious may be well-known, but I
will summarise it for the court.
The leader of the original Dambusters
air raid was Wing Commander Guy
Gibson. Gibson had a black dog and
named it Nigger. The dog was, by all
accounts, Gibson’s almost constant
companion. One of Gibson’s fellow
pilots said of his superior: “He stuck to
himself most of the time – him and his
dog, Nigger.”
So close were Gibson and Nigger that
the dog’s name was chosen as the successful codeword to be transmitted
when the dam that Gibson was bombing had been destroyed. As Barnes Wallis, inventor of the “bouncing bomb”
that was used on the raids, recorded
at the time, whilst waiting in the RAF
operations room: “I was thinking it [the
bomb] wasn’t going to work, when the
very next call that came through was
Nigger, and the dam had gone. It must
have been a marvellous night for Gibson.”
Marvellous indeed, but a night also no
doubt tinged with immense sadness for
Gibson. Why? Just before midnight
the night before the raid took off Nigger
had been run over and killed instantly
on the road just outside the base. In a
memoir Gibson said: “So I went back
to my room on the eve of this adventure
with my dog gone – the squadron mascot.” The next night, as the Lancaster
bombers took off for Germany, Nigger
was buried.
In the 1954 film – upon which
Sir Peter Jackson now wants to
make his own “fact-based” film
– there was, of course, a black
dog called Nigger and his name
was (correctly) used as the codeword for the successful destruction of one of the dams which
was the focus of the raids. Recent broadcasts of the 1954 film
on some US television networks
have not deleted the name from
the soundtrack.
But Sir Peter’s remarks above
were reported in the media in about
2006 – and a lot can happen in five
years.
Enter Stephen Fry, who has been engaged by Sir Peter as a writer for the
new film, a project that Fry has been
engaged upon for some years. As part
of his research Fry met with some of
the very few living participants from
the 1943 raids and even went so far as
to score a ride in a taxiing Lancaster
bomber, the very aircraft which had destroyed one of the dams (the Eder).
In 2008 the eminent British historian
Max Arthur penned Dambuster: A
Landmark Oral History, and lo and behold, who do we see as having written
the foreword but Fry. The book contains numerous references to, and use
of, the name Nigger and all, of course,
in the correct context of either using it
to describe Gibson’s dog or as the successful codeword for the destruction of
one of the dams.
Fry, in his foreword, waxes eloquent on
the author’s attributes, describing him
as having “more authority than a hundred other historians” and that his business “is the scrupulous sourcing, selection and presentation of written and
spoken testimony and its presentation to
us uncontaminated by dogma, doctrine
or theory”.
Fry goes on to comment that “the
bomber crews of World War 2 suffered
great attrition, but they suffered neglect
and silence too”. More on that later.
Fry ends his foreword by saying “What
a story. And I do not believe that it has
ever been better told.”
Indeed.
• Continued next page
OPINION
Page 12
• From previous page
So where to now? As someone once
said, to know where you are going you
have to know where you have come
from, and so it is, I suggest, with this
now-despised word.
In 1884 Mark Twain penned The Adventures of Huckleberry Finn, in the
course of which story he used the word
nigger no less than 215 times. Two
hundred and fifteen! Now, of course,
in these 2011 politically-correct times,
someone has recommended that the
book be republished, but this time with
these 215 words excised and replaced
with – wait for it – “slave”. How on
earth anyone thinks these words are
synonyms escapes me.
And this is completely overlooking the
use of patois - there was plenty of “dat”
and “git” and “wuz” right throughout
the whole book.
In 1974, the great comedic film director
Mel Brooks seemed to have no problem
with using the word in his very funny
film Blazing Saddles – nor do I recall
any criticism of him for doing so. And
as recently as August 21 this year I
read the very word in our own Sunday
Star-Times newspaper, albeit attributed
to Norwegian mass murderer Anders
Behring Breivik, with a claim that he
used it when describing one of the survivors as a “f****** nigger”. Interesting, isn’t it, how sensitive the media is
to the use of one word – the “f” word –
to the extent that they only use the first
letter, but they seem to have no problem
in using the “n” word complete.
But as Mark Twain himself said, “The
difference between the right word and
the almost right word is the difference
between lightning and a lightning bug.”
So here we have a situation when the
word is virtually enshrined in the saga
of the Dambusters raids, being not only
the name of Gibson’s dog but also the
codeword for success for at least part
of the operation. Given Sir Peter Jackson’s claim to want to re-make the 1954
film as a “fact-based” film, and Stephen
Fry’s high praise for Max Arthur’s
book, one could have been forgiven for
thinking that the continued use of the
name – and let’s not forgot the part the
word played in the actual operation –
would have been a definite.
Not so.
Fry does not seem to have taken to
heart his comment from his foreword
to Arthur’s book where he said that
the bomber crews of World War 2 “…
suffered neglect and silence …” for he
too now wishes to try and silence their
history by removing the name from the
script of Sir Peter’s film. And what does
he propose to replace it with? Digger.
Fry’s rationale for the change is, in part,
that the retention of Nigger “… might
offend Americans…”. Well, it didn’t
seem to bother the US subscribers to the
TCM (Turner Classic Movies) network
when the original 1954 film screened
on that channel some years ago – uncensored. I note that Fry hedges his
bets with his “might offend Americans”
statement. Pretty tenuous, if you ask
me.
REGIONAL CONFERENCES
Perhaps Sir Peter’s funding for the film
originates in the US. I wouldn’t be surprised if it did and that Fry’s decision
– if it was, in fact, his decision – was
prompted more by the dollars coming
in than any angst likely to be created if
the remake was shown in the US, true
to history, and with the name fully included in the soundtrack.
If Fry, Sir Peter Jackson and anyone
else involved in making this film are so
sensitive to the feelings of Americans
who “might be offended” they could always make the film with two different
soundtracks – one with Nigger in it for
folks who want to see a film that will be
historically accurate, and the other for
those supposedly sensitive people in the
US who can’t abide the word.
Finally, I would point out that in the
context of the 1954 film, in Max Arthur’s book, and in the whole context of
the 1943 air raid on Germany, it was not
once used in a pejorative or disparaging
manner. Nigger was always used as the
name of the dog or as a codeword for
the success of the mission.
It was never used toward or at a human
being.
The plaintiffs therefore seek a verdict
of “Guilty” against the two defendants.
• The opinions expressed in Salvo
are those of Trevor Morley and do
not represent those of the Federation or the editor. Mr Morley can be
contacted at salvo@clear.net.nz
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Strong southern turnout
Page 13
By Southern Regional Representative BILL SAXTON
Pictures: NOEL LOWE
THE Southern regional conference
in Timaru on August 20-21 went very
well, with excellent participation from
all associations. We had 67 registrations
and three Past Federation Presidents in
attendance: Stan Hackwell, Bob White
and John Falconer.
The South Canterbury association under the leadership of Juliet Crawford
were wonderful hosts and the great
venue overlooking the sea on one side
and the city and tennis courts on the
other set the scene for a very pleasant
couple of days.
Timaru District councillor Tracy Tierney, representing Timaru mayor Janie
Annear, addressed the delegates briefly
and formally opened the conference.
Rangitata MP Jo Goodhew spoke of her
role in Parliament as the Government’s
Junior Whip and various other aspects
of parliamentary life, and how she juggles being a wife and mother with her
parliamentary duties.
The business part of the programme
started with a short address from each
association on aspects of their associations, aspirations, bouquets, brickbats
and changes they might like to see.
Basically all associations are working
steadily towards getting members on
email, looking at modern technology
for training and other uses, and updating their constitutions.
Gore was concerned with some selfpropelled appointments, and felt that
voting for regional representatives
should be handled before the annual
Conference so in the event of a tie a further postal ballot would be held before
Conference. This would mean making
changes to the constitution.
Otago was looking for ideas to get more
members to training, even though they
are already using carrots like a free
stamp with name and number on it for
turning up. They have a training team
which travels to Central, North and
South Otago and is exceptionally well
received.
North Otago wondered how to keep
members’ interest up when the workload for many of them has dwindled.
They also put forward the idea of biennial national and regional conferences
in alternate years. This was discussed
later, but did not receive support.
South Canterbury and Ashburton are
jogging along very well, with Canterbury doing Ashburton’s training. It
was mentioned that perhaps a one-year
for the Federation President was not
enough, but because there was already
provision in the constitution for that,
and Kevin Geddes has indicated that he
would stand for another year, no further
action would be taken.
Canterbury wondered about having
more publicity for JPs, because some
people still expected to pay for our services. Federation Registrar Alan Hart
said that it was up to the individual associations to publicise themselves in
their own areas and that there was plen-
Rangitata MP Jo Goodhew addresses the conference,
with (seated, from left) Past Federation President Bob
White, Vice-President Greg Weake, President Kevin
Geddes and Southern Regional Representative Bill
Saxton looking on.
Education Trust Award second
placegetter Joy McDonald with her
certificate, just presented by Kevin
Geddes.
ty of material in the form of brochures
etc available.
Canterbury also shared some interesting
insights into the problems encountered
in disaster situations. There has been
no judicial work since February (there
being no courts) and search warrants,
insurance claims, citizenship ceremonies and other tasks are all aspects of
JPs’ work that have increased markedly
because of the Christchurch situation,
compounded by a shortage of JPs in the
eastern suburbs, as many have moved.
This was a good participatory exercise and with the Federation President,
Vice-President Greg Weake and Registrar there to answer questions, all the
associations appeared to be reasonably
happy.
Judge Joanna Maze, who is new to
South Canterbury, spoke very well,
reinforcing our Oath, and encouraging
high standards with good choices and
training. She underscored her thoughts
with apt one-liners such as “it’s quicker
to get it right than explain why you got
it wrong”, “prejudices are what fools
use for reason” and “prejudices are
time-savers that help form opinions
without knowing the facts”. She also
emphasised the importance of judicial
JPs doing it properly and taking the
time needed, to not be compromised
by other people, and to listen well and
think independently.
Dennis Calleson, a JP who is general
manager of tourism at Mt Cook, gave
an interesting and at times amusing address on his life in the hotel trade, along
with some anecdotes about being the
only JP for 100km in any direction and
Page 14
• From page 13
dealing with many nationalities.
The evening was a very pleasant time,
with good wine, good food and delightful singing. The only downside was the
loss to South Africa in the rugby!
Kevin Geddes opened the Sunday
morning session and spoke about the
new proposed rosterers’ scheme, the
website revamp and dealing with complaints.
He was followed by Alan Hart who
used the three Rs of relevancy, relationships, and responsibility to emphasise
our responsibilities. Greg Weake spoke
briefly about revamping the website,
which will become an important tool
for information and training.
After morning tea we broke into discussion groups in which the judicial
group discussed the rostering paper and
the ministerial group discussed Greg’s
questionnaire on the national Conference and the changes proposed for the
Tauranga Conference next year. Favourable comments were made about
the changes and endorsements were
given for the national and regional conferences to remain as annual events.
Kevin led the discussion on his rostering paper and it attracted very favourable comment. He also presented Joy
McDonald of Central Otago with her
second prize in the Education Trust
Awards.
In closing, thanks again to Juliet and
South Canterbury. They were excellent
hosts!
The Coast
delegation
with video
link to
Nelson
REGIONAL CONFERENCES
Central camaraderie
By Central Regional Representative MICHELLE GUY
The Central region’s annual pair of conferences were held in Palmerston North
on Saturday August 6 and in Nelson the
following Saturday.
Palmerston North laid on one of its
grey, moist days as 49 delegates met to
discuss future initiatives for Justices of
the Peace and to engage in group educational activities.
The day began with a warm welcome
and a huge bouquet of spring daffodils
from Central Districts president George
Sue. We took the opportunity to pay
tribute to the late Chief District Court
Judge Russell Johnson after which we
united in a minute’s silence to honour
the memory of a man who was greatly
esteemed throughout New Zealand.
Representatives of the Taranaki, Wanganui, Wellington and Hutt Valley associations all outlined their responses to
the community call for neighbourhoodbased JP clinics. Some of the smaller
associations were inspired by the success of the clinics already operating and
could see the merits of having a suburban focus to meet community needs.
Ministerial duties do not have to be
performed in the home and JP service
can be an integral part of a workforce
or community.
As the local Board member I was then
able to brief the conference on the proposed format changes to Conference
2012. Many of the initiatives to alter the
way Conference is scheduled have been
collated from a questionnaire distrib-
uted to 107 Justices by Vice-President
Greg Weake.
The registrars present were unequivocal in their need for at least a two-hour
meeting at the national level. However,
spending time with national education
officer Sarah Loftus was an issue that
associations can only resolve in relation
to association budgets and trainer availability. Sarah will be present at Conference for those who want a private meeting.
Federation President Kevin Geddes
then introduced the new concept of
Court Panel Managers, including a detailed profile of responsibilities within
the role, a job description and association guidelines. There were some suggestions to follow, and possibly the
most consistent view was that the title
be amended to Judicial Panel Manager.
It was felt that could easily be confusion with the Court Manager by using
the title of Court Panel Manager.
Many associations already have met the
required guidelines and would simply
keep the status quo within their judicial
arrangement with the District Court.
The feedback was pertinent and duly
noted by Board members present.
After lunch our guest speaker, Family
Court lawyer Michelle Woods, shared
with us her involvement with marriage
dissolution in the Family Court system.
She regularly appears in the Palmerston
North Family Court as a lawyer for
children in relation to their care and upbringing.
The Family Proceedings Act of 1980
limits the court to granting a dissolution of marriage only when there is an
irreconcilable breakdown between the
parties. The parties are encouraged to
reconcile if possible and marriage dissolution is viewed as the last alternative.
I then presented a one-hour educational
sequence on marriage dissolution. This
PowerPoint presentation, which I formulated and which was compiled by
fellow Central Districts council member Alan Goddard, took participants
through the various modes of learning
in an ideal teaching component. Visual stimuli engaged the audience in the
opening sequence. Statistics and social
commentary followed with the rounding-up of teaching points in relation
to the forms themselves and common
errors found in the documents filed in
court.
Actual scenarios provided the practical
and social component when six teams
of randomly selected delegates tackled
the task of providing the best ministerial outcome from the case studies provided.
The day finished at 3pm amidst goodwill and camaraderie over afternoon tea
and fond farewells until 2012.
Nelson hosts a first
Saturday August 13 was glorious, and
over 40 Justices of the Peace from the
Nelson/Marlborough area attended with
smiles and a willingness to participate.
Our numbers were boosted further with
a video link to the West Coast association where Stewart Robertson presided,
resplendent in the presidential collar.
After Nelson president Graeme Thomas
opened the conference, we shared similar discussions to those in Palmerston
North the previous week. It was heartening to have the smaller associations
support the need for JP clinics in suburban areas.
Some valid points were made around
the community-based activities of
youth, to which end a local college is
planning to pilot a clinic to meet the
ministerial needs of their pupils. Watch
this space!
Vice-President Greg Weake profiled
Conference 2012 and the various small
West Coast president Stewart
Robertson with West Coast stalwart
Mary Sturgeon on conference day
REGIONAL CONFERENCES
alterations that have occurred in the
usual format.
As in Palmerston North the association
registrars were keen to have a meeting, possibly on the Friday morning.
There will be further discussion on this
at Board meetings. It was interesting
that the smaller associations present declared they could not afford to send an
educator to Conference.
Federation President Kevin Geddes
then reported on aspects of his positive meeting that week with Associate
Justice Minister Nathan Guy. Amongst
the subjects covered were the requirement of standing down when under
investigation or involved in a formal
complaint, a requirement for all Justices
to be trained whether association members or not, and reinforcement of the
Justices of the Peace Amendment Act
of 2007 by ensuring nominated JPs fit
the criteria for age, community service
etc. The concept of Court Panel Managers was discussed with useful feedback.
Judge Tony Zohrab gave an informative
and enlightening talk on bail in New
Zealand. A review document was circulated to the judiciary for feedback in
April this year. The document consisted
of a questionnaire and Judge Zohrab
took everyone through the various considerations and possible outcomes to
changing the bail laws.
Page 15
To close the day, Carole Crawford,
learner journey manager at the Nelson
Marlborough Institute of Technology,
presented a series of e-learning capabilities. We wound up for the day at 3pm,
just as a chill wind was building in the
south!
Carole Crawford, learner journey
manager at the Nelson Marlborough
Institute of Technology, discusses
e-learning capabilities.
Top turnout in Whangarei
By Northern Regional Representative GRAEME KITTO
It is some time since the Northland association hosted the regional conference (and 20 years since it last hosted
the Federation Conference) - not that
those attending would have known!
The conference was held at the Kingsgate Hotel in Whangarei over August
27-28, and the local team, very ably
led by president Esme Connell, did a
superb job in making arrangements
(including the weather) and making us
feel welcome. This conference is traditionally held from noon Saturday to
noon Sunday, allowing time for travel
and for interaction among attendees and
partners.
All nine associations in the region were
represented, and Northland set a new
standard with 25% of its members registered for at least one day of the conference. In addition, as is the practice,
Auckland was also represented.
After Whangarei mayor Morris Cut-
forth welcomed everyone and opened
the conference, Federation President
Kevin Geddes told us about some of the
matters the Federation is progressing at
present.
Applauding the number and quality of
entries for the Education Trust Awards,
Kevin presented certificates and
cheques to Mary Burge (Rotorua and
Districts) and to Peter Osborne (for the
Waikato team). He will make a similar
presentation to Rachael O’Grady at the
Gisborne AGM in November.
With all nine associations represented
at the conference, eight by presidents,
it was a good opportunity for Kevin to
speak to his paper on the role and duties
of association Judicial Panel Managers.
Those familiar with the arrangements
that have been in place for the past few
years noted the differences in the expanded role of the proposed positions.
Northern region JPs had been asked not
Page 16
only to record all their activities during
June and July in keeping with the new
Code of Conduct, but also to send that
information to registrars for collation,
but sadly a number of members were
not prepared to do this.
The percentage of returns from members of associations ranged from 14 to
41. The one activity for which there is
no statutory authority, certifying copies
of documents, consistently recorded the
highest volume of work! Some, but not
all, of the nil returns were from Justices
who had been travelling during this period, and a number of others recorded
only one or two tasks undertaken during the two months.
It was suggested that associations take
this information into account when discussing with MPs the need for more JPs
in particular areas. The topic of statistics was also used to introduce the idea
of an association practising certificate,
something that will be considered further at that level.
Two sons of Northland addressed the
conference on the first day. Through
his presentation, local coroner Brandt
Shortland ensured that everyone was
familiar with the whole coronial process and the nature of the “new” coronial service. He emphasised the point
that coroners are not pathologists and
demonstrated how they work closely
with both the police and doctors in dealing with the 20% of deaths that are referred to them. With this background,
he also spoke about how JPs might be
called on to assist a coroner under S91
of the Coroners Act 2006.
The coroner was followed by Judge
Greg Davis, after the conference stood
in silence in memory of the late Chief
District Court Judge Russell Johnson.
The judge considered that the role of
Unitec IT staff member Elizabeth
Kitto introduced most of the conference to Moodle as one method
of learning online.
REGIONAL CONFERENCES
JPs was as important as District Courts
in being the face of the justice system
in New Zealand. He acknowledged that
through taking affidavits, issuing warrants and sitting in court, JPs helped
ensure the smooth running of the system that can have so much impact on
people’s lives. He volunteered to try
and facilitate improved contact between
judges and judicial JPs.
Judge Davis also presented Joan Taylor
with her Certificate of Completion of
the Judicial Studies Course following
her involvement in the practicum held
in late March.
Throughout the conference, each association briefly shared information
about initiatives taken and/or successes
enjoyed this year. Five reported on Saturday. The theme of Franklin’s contribution was future-proofing, considered
under the headings of capacity, keeping
in touch, learning and succession.
Rotorua and Districts has instituted
sub-committees to actively involve
more newer/younger JPs with the intention of energising the membership
– and there are already signs of this approach being effective. By supporting
community events such as a recent hospice fundraiser, members and partners
together aim to raise the profile of JPs.
The Bay of Plenty association now runs
13 clinics and through sponsored radio
broadcasts, the website and a dedicated
phone number, it is easy for the public
to know when and where they are operating. There is a growing camaraderie
amongst those providing the service.
Hauraki is establishing an education
team with a co-ordinator and more involvement by the councillors who represent the different geographic areas.
Efforts by the Gisborne association to
establish branches in Wairoa and up the
Page 17
coast are continuing. A register showing where JPs are during the day is being created to assist clients have their
needs met promptly.
The Sunday morning programme started by considering a collection of topics beginning with the letter C. These
included community justice panels
(a component of the Police Alternative Resolution Project that was initiated in Christchurch), clinics (which
are appreciated by clients who do not
wish to go to a JP’s home), complaints
(with association procedures linked to
the process contained in the Best Practice Manual), “co-operating” with MPs
post-election (to share information and
establish a relationship with new MPs)
and Conference 2014, which will mark
200 years of JPs’ service in New Zealand.
Some time was taken to explore interpretations of the “electronic-based
learning methods” remit passed at the
Invercargill Conference in March and
the possible ramifications of some of
these methods. Examples presented
included that used by the Department
of Conservation, segments of the Federation’s soon-to-be-available Introductory Training Module for inductees, and
the increasingly widely used Moodle
learning tool which was explained to
the conference by Unitec IT staff member Elizabeth Kitto. A video on social
media, especially Facebook, posed a
number of questions for further consideration.
The Waikato association sought support
for a remit which is looking for acceptance by all parties of some basic principles that would ensure court cases were
always assigned to the appropriate level
of jurisdiction – judicial JPs, community magistrates and judges. Hauraki
was the first of many associations to
support the intent of this remit.
The remaining associations reported
on their initiatives/successes. The Far
North celebrated 20 years of existence this year and is actively working
towards making the 2014 Federation
Conference a worthy celebration of our
two centuries of service. Eastern Bay
of Plenty also celebrated its first 20
years this year.
As the conference closed, the Eastern
Bay of Plenty invited all associations
in the Northern region to assemble in
Whakatane on August 25 2012 for another engaging and thought-provoking
conference.
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EXHIBIT NOTE
This is the annexure marked “
inc. G.S.T.
” referred to within the
Postal Address
affidavit of
and sworn/affirmed at
this
day of
Signature
20
before me
Page 18
JUSTICES APPOINTED
PURSUANT to section 3 (1) of the
Justices of the Peace Act 1957, His
Excellency the Governor-General has
been pleased to appoint the following
persons to be Justices of the Peace for
New Zealand.
August-Jordan, Debra Anne, Christchurch
Barr, John, Putaruru
Bell, Margaret Anne, Christchurch
Boyes, Yvonne Barbara, Ohope
Clark, Ann Margaret, Wellington
Cooper, Diane Clare, Gisborne
French, Alan William, Christchurch
Gilligan, Kenneth James, Napier
Gillum, Walter Edward, New Plymouth
Griffith, Margot Ann Phillips, Wellington
Iliffe, Marjorie Francis, Tauranga
Lim-Apiti, Leanne Ching Mei, Kawhia
McDonald, Alexandrina Jane, Golden Bay
McEvedy, Robyn Patricia, Christchurch
McFadden, Grant Harper, Christchurch
Moore, Nigel John, Gore
Nand, Nirmala Devi, Palmerston North
Oomen, Colin Peter, Te Puke
Pascoe, Angela Margaret, Waihi
Sawers, Ian Duncan, Methven
Stewart, Linda, Christchurch
Taiapa, Gabrielle Wairahi, Hamilton
Williams, Peter Henry, Tauranga
Wise, Stephen Mervyn, Ashburton
Dated at Wellington this
31st day of May 2011
Nathan Guy
Associate Minister of Justice
Arti, Agnes, Auckland
Back, William Albert, Auckland
Belwarkar, Varsha, Auckland
Brown-Birt, Patricia Susan, Kohukohu
Cameron, Ian Charles, Havelock
Coates, Alison Elizabeth, Auckland
Cooper, Richard Ashley, Auckland
Garg, Vipan Kumar, Auckland
Graham, Elizabeth Helen, Hastings
Higgins, Raewyn Jan, Tapawera
Kentsley, Christopher Robert, Auckland
Khan, Ayaaz Mohammed, Auckland
Lui, David Kalolo, Auckland
McCorkindale, Neil Malcolm, Auckland
McLean, Tunuiarangi Rangi, Auckland
Singh, Kumar Satyawan, Auckland
Van Kuyk, Maria Petronella, Auckland
Dated at Wellington this
28th day of June 2011
Nathan Guy
Associate Minister of Justice
Ammon, Mark Steven, Te Kuiti
Arahanga-Epiha, Janice Ruby Marcia, Kaeo
Bergin, Danielle Rachelle, Auckland
Burger, Graham Andrew Anthony, Auckland
Burgess, Daniel James, Nelson
Burgoyne, Michael Martin, Awanui
Dayal, Shiwa Sharda, Manukau
Doggett, Mark Hayden, Invercargill
Drake, Stephen Charles, Auckland
Duggan, Kevin Thomas, Lower Hutt
Duxfield, Anne-Marie, Auckland
Farnsworth, Mark Christopher, Mangawhai
Heads
Fell-Smith, Audrey Ida, Nelson
Franklin, Clarinda Evelyn, North Shore City
Graham, Joy Karen May, Hastings
Green, Pamela Alice Margaret, Auckland
Howatson, Cecilia Joy, Stratford
Hyland, Carolyn Ann, Taihape
Jones, William, Riverton
Kim, Rebecca Sunmi, Auckland
Matthews, Robyn Michelle, Otorohanga
McMichael, Ian James, Hamilton
Millar, Catrina Scott, Lower Hutt
Moyle, Gregory James, Auckland
Park, Stanley, Auckland
Pound, Gaelynne Therese, Nelson
Prescott, Paul Mansell, Otorohanga
Tan-Makhmalchi, Amelia, Auckland
Thomas, James Allen Frederick, Morrinsville
Tilby, Susan, Nelson
Togiapoe, Tapuakimana, Manukau
Va’aelua, Vagatai, Auckland
Wing, Alistair Keith, Ashburton
Withers, Gretta Christine, Otorohanga
Dated at Wellington this
19th day of August 2011
Nathan Guy
Associate Minister of Justice
By Joyce Lloyd
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THE NZ JUSTICES’ QUARTERLY
Published in Autumn, Winter, Spring and Summer
Opinions expressed in this journal, whether editorially or by contributors, do not necessarily represent the views of the Royal Federation of New Zealand Justices’ Association (Inc).
Contributions on matters affecting Justices and their associations are particularly welcome, but all contributions are subject to the discretion of the Editor.
Contributors are requested to forward matter to the Editor, Geoff Davies 81 Warwick St, Wilton, Wellington, 6012, Phone 04-472-5566, email merlin81@xtra.co.nz, to reach him not
later than January 31, April 30, July 31 and October 31 to ensure publication in the next issue.
Readers are requested to promptly inform the registrar of their local Justices of the Peace association of any change in their address. Numerous Quarterlies are returned marked “gone
no address”, “Redirection order expired” “Deceased” or “Not a box holder on rural delivery”, etc.
Published by the Royal Federation of New Zealand Justices’ Associations, typeset and designed by Word for Word, Titahi Bay, and printed by APN Print Wanganui (Ph 0800-111-500).