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Appointment

Although the office of Justice of the Peace is steeped in history, the office today derives its status and functions from a very brief statute of the New Zealand Legislature, the Justice of the Peace Act 1957.

Section 3 of that Act provides that the Governor-General may from time to time, by Warrant under his hand, appoint fit and proper persons to be Justices. The Act does not set out how this is done, that being a matter of ministerial convention that has developed over the years. Briefly, the convention is as follows:

• Nominations for appointments are accepted only from the Member of Parliament for the electorate where the nominee resides or from a list Member of Parliament with the endorsement of the appropriate electorate Member.
  
• There is a standard nomination form, commonly referred to by its shoulder reference, JPB. Members of Parliament hold supplies of these forms.
• Nominees must have an adequate standard of education and a genuine desire to serve the community; they should be of good standing in the community (which is not to be identified with material prosperity), and should be respected as persons of good sense, character and integrity.

The purpose of an appointment is not to bestow an honour on a deserving citizen, but to serve the public. Notwithstanding a person's character and ability, appointments are made only where there are not already sufficient Justices to meet the requirements of the public.

A nomination having been made by the Member of Parliament, the procedure is as follows:

• A confidential check is made through New Zealand Police to establish if the nominee has any record of criminal convictions.
  
• A questionnaire is completed by the appropriate local Justice of the Peace Association on the need for additional Justices in the nominee's business or residential areas.
  
• The nominee is required to be interviewed by a District Court Registrar who makes a report to the Minister of Justice.
  
• The Minister usually considers the nominations at monthly to six weekly intervals. If the Minister then decides that the appointment is desirable, notification is sent to the Member of Parliament concerned that the appointment will be recommended to the Governor-General. Where the nomination is declined, the Member is likewise notified.
  
• Appointments are made by a warrant signed by the Governor-General. Notice of appointment is published in the New Zealand Gazette.
  
• Appointees are advised of their appointment by the Secretary for Justice and are issued with a warrant of appointment.
• Appointees are not entitled to act as Justices until they have taken the oath of allegiance and the judicial oath as required by the Oaths and Declarations Act 1957.

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Restricted Eligibility

For many years it has been the policy of successive Ministers of Justice to decline to recommend for appointment as Justices, the members of certain professions or callings, because of their special duties and responsibilities. These include Members of Parliament, barristers and solicitors, practising medical practitioners and persons working in various aspects of law enforcement. There has also been a general policy not to appoint members of the clergy and persons in religious orders.

Oaths of Office

Justices have no authority to act until they have taken the oaths. Local Justice of the Peace Associations contact new appointees to arrange for a session followed by an appointment to see a District Court Judge, who will administer the oaths. There are two oaths, the Oath of Allegiance and the Judicial Oath. The form of the Oath of Allegiance is:

I................................... swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs and successors, according to law. So help me God.

The form of the Judicial Oath is:

I.................................. swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her heirs and successors, according to law in the office of Justice of the Peace; and 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. So help me God.

An appointee may for religious or other reasons not wish to take an oath. He or she is then entitled, as of right, to make an affirmation and need not give any reason for wishing to do so. In that event the same forms are used as are mentioned above, but the word "swear" is deleted and the words "solemnly, sincerely, and truly declare and affirm" are substituted.

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Tenure of Office

A Justice holds appointment for life, or until he or she resigns by notice in writing to the Secretary for Justice, or is removed from office by the Governor-General. The Governor-General has an unfettered discretion to remove any person from the office of Justice by publishing a notice in the New Zealand Gazette. The more usual grounds for removal are conviction for an offence punishable by imprisonment, and bankruptcy.

Justices of the Peace (retired)

Following the introduction under Clause 3C of the Justices of the Peace Amendment Act 2007 of the provision for Justices of the Peace to elect to retire from the role, a total of 113 Justices of the Peace have sought and been granted authority to use the designation ‘JP (retired)’. Of these approximately 50% were members of an affiliated association.

Ex Officio Justices

Under section 41 (4) of the Local Government Act 2002, all Mayors and Chairpersons of a territorial authority or regional council are Justices of the Peace for the period that they hold the office. If an ex officio Justice, upon relinquishing office, wishes to be then appointed as a Justice in his or her own right, the procedure outlined earlier in this chapter must be followed.

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Use of the Letters "JP"

The letters "JP" should, be used by those entitled to do so with discretion and with the over-riding principle (below) firmly in mind at all times.

The freeing-up of the criteria for use is 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 office-holder.

Some areas of use are proscribed by either regulation or historical convention and use in those cases may find the user liable to sanction.

These are:

• Election billboards (Parliamentary and Local Body)
• Commercial advertising
  
• On cheques
  
• On driving licences
  
• In public correspondence (e.g. letters to the editor of a newspaper or other publication, in-house commercial or organisational magazines) where the subject is not related to Justice of the Peace matters.

The over-riding principle to be followed by all Justices of the Peace is:

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.

One area in which care needs to be exercised is that where a Justice of the Peace is also a Marriage, Funeral or Civil Union Celebrant. The use of the letters "JP" in a card or in correspondence can give rise to the misconception that it is the office of Justice of the Peace that is being paid for the service rendered.

No proscription on the use of the letters jointly with celebrant status is proposed, on the understanding that Justices can separate the two functions in respect of payment in the minds of the clients

OVER-RIDING PRINCIPLE

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 enhancing the status of the individual relative to his or her peers

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Association of Justicies of the Peace.

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