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Frequently Asked Questions |
1. Now I am a Justice I can marry people!
No you can't! You have to be appointed by the Registrar of Birth, Deaths and Marriages and undergo a special course to be a marriage celebrant.
How to become a Marriage Celebrant. (link to DIA site)
2. Newly appointed Justices, after being sworn-in, can then be called to serve on the bench in the District Court.
No! Justices are firstly required to undergo a comprehensive Judicial correspondence course through the Open Polytechnic.
3. Now that I have completed my Judicial course I can serve in Court.
Most unlikely. Justices generally are required to attend regular judicial training sessions and be involved in moot Court proceedings to establish whether they are suitable for Court work. Some Justices after completing the Judicial course decide they do not have the temperament to sentence the offender or they do not have the ability to make a decision or to deliver that decision in Court.
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4. Two Justices in Court have the same authority as a District Court
Judge.
No! This is dependant on the charge and whether the Justices have Jurisdiction. A Judge has much wider jurisdiction to determine charges.
5. Justices have jurisdiction in Court over both civil and criminal proceedings.
Wrong! Justices only preside over criminal charges and do not have jurisdiction involving civil cases.
6. The appointment by the Governor General as a Justice of the Peace is similar to receiving an Honours award.
Unfortunately this is not the case. The appointment is not to bestow an Honour award but to recognise that the recipient is a person recognised as worthy of serving the community in this capacity.
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7. Do all Justices of the Peace do the same things?
No. Many JPs through circumstances or inclination do not carry out all of the functions they are empowered to undertake. The following brief details may be of interest:
The total of 10,400 people formally described as Justices of the Peace includes:
- Aapproximately 400 ex officio JPS e.g. District Court Judges, Mayors, territorial Authority Heads (ss 41(4) Local Government Act 2002), the Administrator of the Ross Dependency (ex officio appointments under the British Settlements Act 1887) and some others.
- Approximately 1,000 who reside in facilities where age and health precludes them effectively acting as a JP but they have not resigned (this has changed with the passing of the Justices of the Peace Amendment Act 2006)
- Approximately 1,000 are living overseas but for a variety of reasons including possibility of returning to NZ have not resigned
- Approximately 7,600 are members of one of our 29 affiliated associations
- Approximately 4-500 non members still operate devoid of any ongoing training or support
- About 50 complaints are received by the Secretary of Justice and/or Royal Federation each year - 50% of those received relate to this last group.
- Approximately 418 have agreed to make themselves available from time to time to exercise the summary jurisdiction of District Courts (ss 8 e Juries Act wording)
- Approximately 1,000 members of associations have undertaken extra training and are on approved lists under a Memorandum Of Understanding with Police for issuance of Search Warrants (there will be a similar process for taking "Evidence At A Distance" under the Coroners Act once confirmed by the new Chief Coroner)
- An unknown number act as Nominated Witnesses under the CFS legislation where youths are interviewed by the Police
- The same is starting to occur under the Mental Health Act
- A small number (20 or so) who act under the Customs/Civil Aviation legislation in a similar capacity where passengers are subject to specific searching - this is mainly at Christchurch International Airport and also Palmerston North
- Some other small groups deal with requests under specific legislation
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8. Do justices of the Peace have a Code of Ethics
Yes. Apart from the general Code of Ethics implied in the office a Justice of the Peace must abide by the Code of Ethics adopted by the Royal Federation of NZ Justices' Associations.
The Code of Ethics is as follows:
- In carrying out the functions of the office, every Justice must:
- Abide by the Oath of Office of a Justice of the Peace for New Zealand
- Uphold the integrity and fairness of the office
- Observe high standards of conduct
- A Justice must at all times avoid impropriety or the appearance of impropriety in the functions of a Justice of the Peace.
- A Justice will at all times observe the principles of privacy and honesty and, through personal application and ongoing education and training, acquire and maintain a standard of expertise necessary for the effective professional discharge of the duties of a Justice of the Peace.
- A Justice will carry out the duties of office to the best of his or her ability, fairly, diligently and expeditiously, having regard to any limitation due to their health, age, level of training and availability.
- In the carrying out of duties, a Justice must disclose any interest or relationship likely to affect impartiality or which might create an appearance of partiality or bias.
- A Justice will not knowingly participate in any deed or act, which is unlawful, or is likely to bring the office of Justice of the Peace into disrepute.
- Any breach of the Code of Ethics will be dealt with by reporting to the Minister of Justice for appropriate action under the provisions of the Justices of the Peace Act.
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