conference season in the regions

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QUARTERLY Spring 2014 Volume 83 Number 3 FIAT JUSTITIA RUAT CAELUM Conference season in the regions

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Page 1: Conference season in the regions

Page 1

Justices’QUARTERLY

Spring 2014Volume 83Number 3

FIAT JUSTITIARUAT CAELUM

Conference season in the regions

Page 2: Conference season in the regions

Page 2 PRESIDENT’S PAGE 1

Ka tangi te pipiwharauroa, ko nga karere o Mahuru. When the shining cuckoo calls, spring is heralded.E ngā kai-whakawā manaiti o

Aotearoa, ko tēnei taku mihi mahana ki a koutou katoa. Fellow State-appointed of-ficers of the law (in the words of Past Pres-ident Gavin Kerr at the Central Regional Conference at Blenheim recently), a warm greeting to you all.For the past 90 of the 200 years during which JPs have served New Zealand, 29 associations have been affiliated to the Federation (since 1967, the Royal Federa-tion). What a rich historical contribution to New Zealand. Recently I have had the pleasure of attending events hosted by the 26th and 27th associations to affiliate to the Federation – at the same time. (Which as-sociations are they and when did they affili-ate? Answers below.)In preparing for these events I was grateful for the historical re-cords prepared by Past President John Lyall Noakes and Dick Wil-liams. In the future, we will also be able to refer to Philip Hark-ness’s history of JPs in New Zealand and a further publication recording the most recent chapter in our history being prepared for the Federation’s centenary in 2024. It is to be hoped associations are also working on preparing or updating their own histories.In recent months, many long-serving Justices have passed away, taking with them significant historical knowledge and memories which may not have been recorded. Amongst them were Past President John Andersen, the youngest JP when he was appointed as a 30-year-old, who went on to serve as a JP for 60 years; and Edgar Crutchley, who was involved in the arrangements for and was the first tutor of the initial Judicial Functions Course offered through the Technical Correspondence Institute 36 years ago.Our histories provide the foundation on which we build the infra-structure for the future. As we look back we are reminded that JPs and their organisations have had to constantly face the changes presented through new and amended legislation and governments’ policies, and through changes in society. Such changes have regu-larly been reflected in the themes of and presentations to Con-ferences over the years. The Auckland association is continuing this trend with its theme of “The Changing Skyline of Justice” for Conference 2015. You will also see this illustrated in Terry Carson’s book Built for Justice – Visits to old North Island Court-houses.The Board’s draft Strategic Plan 2015-20 is the next bridge from the past to the near future. The feedback from participants at re-gional conferences is providing both confirmation of the direction embodied in the plan and additional ideas that will be helpful in fine-tuning the document. The Board is grateful to you for that and looks forward to further feedback from time to time as it reviews the plan and, if necessary, reshapes elements of it.Knowing what the future will look like is of course something we can only assess to the best of our collective ability. Each time I don the Presidential Collar, I am reminded of the 49 predecessors (since 1962) whose names are recorded on it. I liken it to having been passed the baton in a relay, but a relay with a difference. Rather than running round and round the known track, this relay is cross-country and requires a judgement call each time the next

marker or opportunity comes into view. The baton analogy can also be likened to te rākau, both the challenge stick laid down at a pōwhiri and the invitation to speak dur-ing a hui.As suggested above, the future is a mix-ture of factors to which we must react (the markers) and factors which we may iden-tify and help implement (the opportuni-ties). The Board was pleased to talk with our Minister, Chester Borrows, during its June meeting. When asked if he had any advice for JPs, without hesitation he chal-lenged JPs to be more assertive, to promote ourselves. The Board will be following up this suggestion.This is association AGM season. Some will be adopting changes to their constitu-tions at these meetings. All will be electing members to their councils. Councils, like

all other teams, benefit from having a mixture of energy and expe-rience. It is to be hoped members will be looking to achieve this by having both long-serving and more recently sworn JPs elected to their association’s council. In addition, there are benefits to be gained from ensuring the diversity of the membership of an as-sociation is reflected on the council – either through election or, where it is provided for in the constitution, by co-option. Two whakatauki (proverbs) that reinforce this are:

Ka pū te ruha, ka hao te rangatahi - interpreted as “when we’ve made our contribution, look forward to the contribution of new-comers”.

Mā whero, mā pango, ka oti te mahi – meaning that “tasks are completed by people with different skills and experience in their complementary roles”.

Nāku noa, nā.

Graeme Kitto

A rich contribution

Strands of flax are nothing in themselves,

but woven together

they are strong and enduring..

Federation President Graeme Kitto

Answer: The associations are Hutt Valley & Eastern Bays (now Districts) and South Taranaki. They affiliated in 1973.

Page 3: Conference season in the regions

Page 1 NEWS1

END OF AN ERA

Review of JQ

ON THE COVER: Justices around the country have attended the annual re-gional conferences in recent weeks. Northern Regional Representative RACHAEL O’GRADY took this issue’s cover picture as Justices gathered for day one of the Northern Regional Conference on August 30. Story: P13

The latest graduates of the judicial practicum were the last to have completed the Open Polytechnic judicial course for JPs, which was superseded by the Judicial Studies course from July 1 this year. Congratulations to (back row, from left) Jayne Lacey (Wellington association), Caryl-Louise Robinson (Hutt Valley and Districts) , Patrick Waite (Wellington), and Ann Clark (Wellington). Front row from left, Northern Regional Representative Rachael O’Grady, Judge John Walker, and National Education Officer Sarah Loftus.

Get it in the QuarterlyIs your association having A BICENTENNIAL EVENT?

Make sure it’s covered in the Quarterly!Contact the Editor: Geoff Davies – [email protected]

Patron: His Excellency Lt Gen The Rt Hon Sir Jerry Mateparae GNZM QSO Governor-General of New ZealandPresident: Graeme Kitto JPImmediate Past President: Greg Weake JPVice-President: Denise Hutchins JPNorthern Regional Representative: Rachael O’Grady JPAuckland Regional Representative: Wallis Walker JPCentral Regional Representative: Kath Blair JPSouthern Regional Representative: Gavin Evans JPHonorary Solicitors: Buddle FindlayRegistrar: Alan Hart JPNational Education Officer: Sarah LoftusEditor, NZ Justices’ Quarterly: Geoff Davies JP

Autumn 2014VOL 83 No: THREE

EDITOR: GEOFF DAVIES JPEmail: [email protected]

Phone: 04-472-5566

Telephone 04-918-8447 Fax 04-918-8034Email: [email protected]

Website: www.jpfed.org.nz

Emerging Leaders Programme 2

OBITUARY: John Andersen 4

From the Registrar 5

Education 7-10

Salvo 11

Crossword 12

Regional conferences 13-16

Hubbard inside back cover

Appointments outside back cover

At the Federation Conference in Waitangi this year, the Board under-took to conduct a review of the Justices’ Quarterly as part of a wider review of all communications.

To date this has involved consulting with delegates at regional conferences and setting up a sub-committee to conduct the review. This committee has a representative from each of the regions and terms of reference have been drafted.

All Justices of the Peace will have the opportunity to contribute to the review of the magazine, probably through a survey. In addition, each as-sociation will be asked for feedback to add to that gathered at the regional conferences. – Kath Blair

Page 4: Conference season in the regions

Page 2 EMERGING LEADERS

The Justices of the Peace Education Trust indicated its intention to establish the pro-gramme (the Gallagher Charitable Trust Professional Development Programme for Emerging Justice of the Peace Leaders, to give it its full name) at Conference 2013 in Oamaru. The programme’s primary aim is to prepare selected Justices of the Peace for leadership positions within associations. If those peo-ple go on to hold regional and/or national positions then that will be an added benefit.Justices of the Peace by their very nature are often people with backgrounds that have included leadership roles in a variety of set-tings. Leadership in the not-for-profit sec-tor brings with it challenges of its own and preparing JPs at association level will assist in providing a sound base for the changing environment in which JPs find themselves, now and in the future.The Education Trust spent the year between Conferences developing the concept for the programme and seeking sponsorship. We are very fortunate that the Gallagher Chari-table Trust (the sponsorship arm of a well-established Waikato-based company) agreed to sponsor the programme for this year and 2015, providing $10,000 each year. While sponsorship from the Gallagher Trust has enabled us to proceed, the primary pur-pose of the programme is to ensure associa-tions have a sound base for future develop-ment. Associations are required to contribute

$350 per participant to assist with costs, and the Education Trust provides funding of $5000 for each of the two years. The programme is administered by the Fed-eration, and is open to all JPs who are mem-bers of an affiliated association. It is being held in both 2014 and 2015 to enable at least one JP from each association to participate. Applicants are identified by associations and selection for the course is made by the Federation Board, ensuring equitable repre-sentation between regions. The ELP is a residential programme with participants expected to attend in full. It is conducted by an external facilitator, and internal and external experts contribute ac-cording to the subject matter. The content covers:• individual leadership style• how to work with people/group dynamics/

team building• governance in the not-for-profit sector• the role of the Federation and the relation-

ship with the Ministry of Justice• communication: tips and tricks, for mem-

bers and the community.Participants’ travel, accommodation and food costs are covered, along with pro-gramme materials. The Federation will be calling for applications for the 2015 pro-gramme early next year, and we encourage associations to start now in considering who they would like to nominate.

By Federation Vice-President DENISE HUTCHINS

Developing our future leaders

The Federation’s first Emerg-ing Leaders Programme (ELP), unveiled at Confer-ence 2014, was held in

Wellington over July 26-27.

Page 5: Conference season in the regions

Page 3 EMERGING LEADERS

Hauraki association JP Peter Pritchard found that the ELP was ‘two days of fast-paced learning’ . . . Yvonne Hawkins of Auckland found that the

programme has taken her to another level in her association ….

Journey of discovery

To be honest, I wondered what I was getting into when I arrived at the Brentwood Hotel in

Wellington as one of 15 par-ticipants (representing 14 associations) in the inaugu-ral Emerging Leaders Pro-gramme.Before the course, Federation Registrar Alan Hart had sent me two A4 envelopes full of pre-course reading material (pretty heavy stuff too I might add – Federation Constitu-tions, presidents’ manuals, registrars’ manuals, leadership and governance training ma-terials etc), so I was mentally prepared for some serious lec-tures. I had put my hand up to attend the programme because I felt I might actually learn some-thing. I hadn’t been on any personal development courses for quite some time, and I was looking forward to a new chal-lenge, but this material was setting the scene for a lot of dreary theory! Fortunately, that was not the case. In fact quite the oppo-site occurred. Our trainer was Ali Tocker from Tocker As-sociates, and she was fantas-tic. The course content was a combination of Ali’s extensive expertise and organisational input from the Federation, compiled into a comprehen-sive workbook to keep and refer to in the future. It is in-valuable, and I intend to refer to it often.The end result was two days of fast-paced learning, work-ing our way through the hand-book on a journey of discov-ery, first about ourselves by identifying our own individual work styles, then learning how to work with someone with an alternative style. We made “road maps”, we learnt how

to have “courageous conver-sations”, how to be effective coaches, how to prioritise, and how to analyse effective or-ganisations, using something we all had in common, our own associations, as a base model. The pre-course reading helped here, as we also had a session on how the Federation is structured, how it interacts with the Ministry of Justice, and the challenges it faces. Day two, and the skillsets and ideas just kept on coming. The beauty of the content was that these tools can be used not just in JP world, but also in everyday life. After all, who hasn’t had to have a “coura-geous conversation” at home, or had to do some planning at work, or had to coach or negotiate or mediate a solu-tion at one time or another? We were often broken into groups where we performed role plays, or bounced ideas off each other, and if nothing else, we all realised that many of us had actually had similar experiences, or been in similar circumstances, at one time or another. We grew closer, and dare I say bonded, just by sit-ting in a room and talking to each other for two days. I thoroughly enjoyed the expe-rience, and I thank the Hauraki association, the JP Education Trust, the Federation Board, and the Gallagher Charitable Trust for giving me the oppor-tunity to attend this weekend. If I can remember just half of it, then I feel as if I will be able to be a more active participant in all areas of my life, not least of which is J.P work.I encourage JPs in any lead-ership role, or who may be considering standing for their council, to put their hand up to attend. You will come away the better for it.

First, I thank the Auckland association for sending me to this excellent programme. I certainly benefited by doing so, as did the other participants, who were all of a high calibre and as eager as I am to take what

we learned back to our associations.Facilitator Ali Tocker was first-class and the clear and concise materials provided have given me a valuable re-source for future reference. I have been able to lift my thinking from a local perspective to another level within the association. Some of the highlights for me were:• Exploring interests of the individual and groups (as in

our support groups).• Strengths and people skills – these showed me that the

value of networking cannot be underestimated. We must learn to set goals to be motivated.

• “Offer and expectation”, where an offer of a service/benefit is made and the expectation that consequently comes with it. (This could be applied when new JPs are appointed, with the expectation they will take part in ongoing training sessions.)

• Ability to delegate and receive feedback – this goes to competence and accountability.

• Not-for-profit organisations/associations: this discus-sion demonstrated to me the need for “inactive JPs” to come on board and to understand their obligations.

• “Courageous conversations” when handling difficult is-sues (demonstrated when working with a partner) – we were given eight clear steps to follow and this was ap-preciated by everyone.

I am very grateful for the opportunity to attend this pro-gramme.

Lifting our thinking

Page 6: Conference season in the regions

Page 4 OBITUARY

John Benjamin Andersen was, in his own words, “just a guy who has acted in the interests of peo-ple and the community gener-

ally as he saw the need”.His people and his community were Woolston in Christchurch. He was educated at the local schools and after a short time on farms in Patea, Wa-verley and Marton, he worked in lo-cal tanning firm G L Bowron and Co from 1946. It is still in business there after 135 years. His responsibilities as services manager reflected an all-round ability, encompassing person-nel, industrial relations, production planning, work study, training and security.Given his involvement in the St John Woolston Scout Troop (he gained the King’s Scout award, the Gold All-round Cord and the Bushman’s Thong), the Workingmens Club, the Residents’ Association, the Woolston Pool Restoration Committee (he was secretary for 12 years, helped raise $30,000 and was later a trustee) and the Woolston School Centenary Com-mittee, it is not surprising that his QSM, awarded in 1986 and presented by the Queen, was in recognition of his service to the Woolston commu-nity.On April 13 1954, at the age of 30, he became a JP, the youngest appointed at the time. In a personal communi-cation he acknowledged that “Yes, many were amazed at my appoint-ment - even at 30 … I was/am one of the lucky, perhaps fortunate, mem-bers to have served the Canterbury association and Royal Federation with delightful dedication.”It is understood that initially he was not invited to join the Canterbury as-sociation but joined the ranks about 1960. He joined the council in 1967, was registrar from 1968-1972, elect-ed vice-president in 1973 and presi-dent in 1975.His Federation service included elec-tion as Southern Regional Repre-sentative in 1974, Vice-President in

1978 and then President, at the 1979 Conference in Rotorua. He presided over the March 1980 Conference in his home town, Christchurch.Minister of Justice Jim McLay opened that Conference, acknowledging that New Zealand history showed that JPs had consistently provided a commu-nity service of a very high standard. He applauded the emphasis on formal training to maintain and enhance that enviable record but warned (or per-haps prophesied) that the degree and nature of the involvement of Justices in the judicial system was likely to change. The particular changes he spoke of included the introduction of infringe-ment offences and preliminary hear-ings that would allow evidence to be given in writing instead of orally. And this was within two years of the new Judicial Functions course having been introduced through the Techni-cal Correspondence Institute!One of the five remits considered at Conference 1980 sought an exemp-tion for judicial JPs needing to travel for court duties on carless days. And

Southern Regional Representative Gavin Evans with the late John Anders-en, after presenting John’s 60 years’ service certificate at the Canterbury annual lunch on June 22.

Federation Past President John Andersen QSM died in Christchurch on July 25, aged 90. GRAEME KITTO pays tribute to one of our ‘grand old men’

‘An absolute gentleman’

the fact that one of their own was pre-siding at the Conference did not assist the passage of the Canterbury notice of motion seeking remission of capi-tation fees for JPs over 75 who had been members of their association for at least 10 years!The present Southern Regional Rep-resentative, Gavin Evans, one of John’s successors, presented John with his 60 years’ service certificate at the Canterbury association annual lunch on June 22. Gavin described him after that event as “an absolute gentleman, very articulate and with it”. “He was to be respected and admired for all his accomplishments and his attitude to life,” Gavin said.On behalf of all JPs, Past Federa-tion Presidents Stan Hackwell and George Ward, along with Canterbury president Ian Hay and vice-president Bob McGregor, joined me at John’s Memorial Service on August 14 in honour of this stalwart JP and to ac-knowledge with gratitude his service to the community, his local associa-tion and the Federation.

Page 7: Conference season in the regions

Page 5

Nominations for Federation officeA nomination form for Federation of-fice has been forwarded to associations, noting the relevant extracts from the Federation Constitution.Nominations must be received at the Federation office no later than Novem-ber 1 2014. The person nominated must counter-sign the nomination and the CV of the nominee must accompany nomi-nations for the office of regional repre-sentative.Formal nominations are required for the offices of President, Vice-President, and regional representative for the North-ern, Auckland, Central, and Southern regions respectively.

Conference 2015The Auckland association’s planning for next year’s Conference in Takapuna from February 27-March 1 is well un-der way and the registration pages in-cluding the on-line form, programme and information have been circulated to associations but the Auckland associa-tion asks that you register and pay on-line through: http://www.jpconference.org.nz/2015/conference or at http://www.jpfed.org.nz/MemberServices/Conference+documents.html Remits and notices of motion from as-sociations for the Conference must be received at the Federation office no later than November 1.

Circulars to associationsI have expressed the hope at regional

conferences again this year that associ-ation councils and others read through the circulars and the hard copy items which are distributed with them, but ALL members have the right to know what is in them and there is never any “secret agenda” in the details included. The electronic version is passed on by some associations but all members can access them at http://www.jpfed.org.nz/MemberServices/Ministerial+Justices/Federation+Circulars.html

Government House receptionFurther details of this event to mark the bicentennial of Thomas Kendall’s ap-pointment and of Justices of the Peace in New Zealand are being confirmed, but it will be held at Government House, Wellington between 5.30 and 7pm on Tuesday November 25 2014. At this stage attendance will be limited to 200 people altogether but invitations will be allocated on the basis of twice the number of Constitutional votes per association. Individual costs (admis-sion is by formal invitation only) will be set at $20 per person (including for partners). Attendees will need to ar-range and cover their own travel and accommodation. If you are interested in attending please advise your own asso-ciation directly as soon as possible.

Judicial Studies From 2015 there will be one course every year, running from April 1 to Sep-tember 30. The next course will begin

on April 1 2015. Associations requiring new panel members have been asked to identify suitable JPs to enter the Judi-cial Studies Programme. Students are chosen via associations’ own policies and processes. Justices may undertake the course only upon endorsement by their association for the whole Judicial Studies Programme. A JP may not un-dertake the course for personal interest or in the vague hope of joining their lo-cal bench panel at a future time. If you are interested in this part of our work please contact your association.

Other roles for JPsThe Registrar-General Births, Deaths, Marriages and Citizenship has now re-viewed the trial of the ceremonies con-ducted in West Auckland by specially authorised Justices of the Peace. While there had been an expectation of greater numbers (only 73 couples took part since September 2013) he has advised that feedback was very favourable and he is happy to continue the West Auck-land service. At this stage he has not indicated any extension of the option to other parts of the country, but we have raised this as an issue with the Ministry of Justice, which will be the instigator of any move by court staff to cease pro-viding the service in the various court locations where it is currently offered. We will advise associations further as this project develops but associations have been asked to also approach their own court managers to canvass this and other options for service to the public.

NEWS

FROM THE REGISTRARRegistrar ALAN HART reports from the Federation National Office

Page 8: Conference season in the regions

Page 6 NEWS

Board and staffOne of the attendees at a regional con-ference indicated that he learned more about the organisation from his attend-ance at that event than ever before. With several other board members at-tending it was an opportunity many had to meet them for the first time. Their details are shown elsewhere and are also at http://www.jpfed.org.nz/Contact+Us/Board.html which includes the brief bio always submitted with the original nominations and included in the Conference papers, for example at http://www.jpfed.org.nz/MemberSer-vices/Conference+documents/2014/Conference+Papers+2014.html Our small paid staff (myself, National Education Officer Sarah Loftus, Admin-istration Assistant Helen Silverwood, who works for us part-time, and Quarter-ly editor Geoff Davies, who works from home) are also shown at http://www.jpfed.org.nz/Contact+Us/Office.html

Also from the Webmaster: Home > Member services > Website FAQs You may log in with either your access code, which is your surname followed by your Ministry of Justice number (if it has a leading zero it will be missing) or by using your email address. Your email address will only work if it is registered in the database.Your initial password was randomly generated as a letter in lowercase fol-lowed by six numbers, so we recom-mend you change it to something that suits you. If your email address is in the database you can recover your password automatically from the login page. Your password must be at least 4 characters. It is not good practice to use the same pass-word for several websites. The password for this site need not be complexFood for thought• Success should not go to head and

failure should not go to heart (Tamil proverb)

• TEAM: Together Everyone Achieves More

• There are two kinds of people, those who do the work, and those who take the credit. Try to be in the first group; there is less competition there. – Indira Gandhi

• Rules + Regulations - Relationships = Resentment + Rebellion

• The envious praise me unknowingly. – Kahlil Gibran

• Strive for perfection in everything you do. Take the best that exists and make it better. When it does not exist, de-sign it. – Sir Frederick Henry Royce of Rolls-Royce

• Life is too short to waste. Dreams are fulfilled only through action, not through endless planning to take ac-tion. – David J Schwartz, motivational writer

Retired Stipendiary Magistrate (SM) Edgar Crutchley JP (Rtd) QSO passed away in Lower Hutt on 11 August, aged 96.

Mr Crutchley was New Zealand’s senior SM when he took early retire-ment from the bench in 1977 at the age of 59 for health reasons and be-came well-known and respected in JP circles for the guidance, knowledge and experience he gave to New Zea-land Justices.Born in Wanganui in 1917, Mr Crutchley attended Wanganui Techni-cal College and St Patrick’s College (Silverstream) and began to study law at Victoria University of Wellington.His studies were interrupted by World War 2, but after war service he com-pleted his law degree and began legal practice in 1949, when he joined the Nelson firm Ralfe, Ralfe and Boyle. He was appointed to the partnership after a few years, with the firm be-coming Ralfe, Ralfe and Crutchley (now known as Knapps). He focused

on litigation and appeared as counsel in 10 cases which were reported in the New Zealand Law Reports.His standing in the profession was recognised when he was appointed a Stipendiary Magistrate in 1960 at the relatively young age of 42. He was initially based in Invercargill before moving to Christchurch in 1961.New Zealand Law Society Canter-bury-Westland branch manager Mal-colm Ellis recalls that when he started work at the Christchurch Magistrates’ Court in 1968 Mr Crutchley was senior magistrate. He said “proper” would be a good way of describing Mr Crutchley’s demeanour on the bench.Mr Crutchley’s daughter Nicola, her-self a member of the legal profession, remembers often being approached by older court staff around the coun-try who would ask if they could be remembered to her father.“They would talk to me about the support and mentoring he had given them,” she said. “He came across as an old-fashioned gentleman.”

By GEOFF ADLAM

‘Fine servant’ to JPsOn his departure from the bench Mr Crutchley became closely involved with providing judicial training ma-terials for the first judicial studies course, known as the Judicial Func-tions course and offered through the New Zealand Technical Correspond-ence Institute (now the Open Poly-technic).Appointed a JP in 1963, separately from his appointment as a magistrate as was then the practice, Mr Crutch-ley was the first moderator of the course, which began in 1977. He was a life member of the Hutt Valley and Districts association and became a JP (Rtd) in 2007, one of the first to take up that option after its introduction in the JP Amendment Act 2007.Federation Past President Britt Ste-phen-Smith well remembers Mr Crutchley as his tutor: “He marked my TCI papers for the 15 papers covering the initial and advanced certificates. [He was] always supportive and en-couraging in his written comments - a fine servant of and for Justices of the Peace.” – Reprinted by permission of the New Zealand Law Society

OBITUARY

Page 9: Conference season in the regions

Page 7 E D U C A T I O N Page 7

Greetings to all Justices of the Peace. This no doubt finds you enjoying some warm spring days in amongst a few

windy ones! The phases of the year do pass quickly, although as Albert Einstein said: “When you are courting a nice girl an hour seems like a second. When you sit on a red-hot cinder a second seems like an hour. That’s relativity.”We are always glad to receive your feedback about the content of the Justices’ Quarterly education pages – it’s good to know that JPs are read-ing it thoroughly and critically (in the literary sense!). When you have a question or point to make, please

make it. Other Justices may well be thinking the same thing but not have the time or inclination to send it in. If you take the time, others can learn from your efforts. The email address is always at the top of this page. You can see some responses to vari-ous Justices’ queries on P8. There is an article in this is-sue giving you some back-ground and detail about the new Judicial Studies course which began on July 1. This has been a major project which has contributed posi-tively to the Federation’s credibility at the Ministry of Justice.

From the National Education Officer

‘Things turn out best for the people who make the best out of the way things turn out.’ – Art Linkletter

“Hospitality: making your guests feel like they’re at home, even when you wish they were.”

“The voices in my head may not be real, but they have some good ideas!”

By SARAH LOFTUS: [email protected] 04-918-8445 SPRING 2014

Thesaurus challengeHow many words of the same or similar meaning (and in different contexts) do you know for each word? Aim for at least 10 before referring to sources other than your own memory!For example, white: pale, icy, ivory, cream, off-white, snowy, silvery . . .

Correct

Right,

Unbiased,

Take a minute to laugh

Albert Einstein

Just

Page 10: Conference season in the regions

Page 8

E D U C A T I O NSPRING 2014

JUSTICE OF THE PEACE ROLEPage 8

Original signatures for witnessing land transfer documentsLand transfer documents require the original signature of both the signatory and the witness. If you have a signature stamp you must not use it to witness land transfer documents. The Registrar-General of Land, Land Information New Zealand (www.linz.govt.nz) has advised that: “Witness certifications for Authority and Instruction forms should be signed using original signatures as opposed to stamps”.

Could I have a sticky label made with my signature on it?

Although it is convenient to apply a sticky label with the wording for a certified copy or an exhibit note, a sticky label of your signature is not a good idea. While it is, of course, possible for signatures to be forged by a criminal with a simple pen, the provision of a sticky label which can be removed and used again seems to be making it too easy altogether. An ink stamp at least is permanently applied to paper. Remember always that some documents must be signed by hand with a pen (see above for land transfer documents).

I understand that the Teachers Council insists on par-ticular wording on certified copies, but why?

Keep in mind that it is any agency’s prerogative to accept or decline a Justice of the Peace (or person in any other role) as a certifier, and to place requirements on the cer-tification if they so choose. The Teachers Council (www.teacherscouncil.govt.nz) opts to do this, and it is a cour-tesy to your client to comply. The Federation received the following explanation from the principal advisor on reg-istration at the Teachers Council:

“The name of the JP is particularly important (city, con-tact details, JP number even better) in the event we need to contact them to confirm any issues regarding the cer-tification.”

But I phoned the Teachers Council and talked to some-one who told me that he would accept certified copies without that particular wording so long as he could read the JP’s signature.

The Federation believes the best course of action is al-ways to comply with the requirements of any agency, for the client’s sake. Even if one of the agency’s employees does not enforce the requirement there is no way for a JP or client to know whether or not this will be the case, so your client risks having their application rejected.

Correction: In the Winter 2014 issue, the P8 head-ing “Digital signatures” should have been “Elec-tronic signatures”.

What is the difference between an electronic signature and a digital signature?

A Justice queried the propriety of having a child’s (or any-one’s) original birth certificate laminated. The Justice had reluctantly certified copies of a laminated birth certificate, the parent having explained that he simply wished to keep the child’s certificate safe.

The Federation has received the following advice from the Registrar-General of Births, Deaths, Marriages and Citi-zenship (www.bdm.govt.nz): “The birth certificate paper has a number of security features that are not able to be checked once the certificate is laminated, therefore a JP may require a non-laminated version if they have any con-cerns about the validity of the document or the copy they are certifying.

“It would be better for the certificate to be protected in a plastic sleeve rather than be laminated. Or, it is possible to buy an additional certificate from us if the original one becomes damaged. This can be done by phoning us or or-dering one through our website (using RealMe).”

Questions from the Winter 2014 issue

Birth certificates should not be laminated

An electronic signature is a typed or scanned version of a signature. The person has used a different font to “sign” the document (e g S Loftus) or has used a scanner to take a “picture” of their signature, which they have pasted into their document (e g ). They may even have taken an actual photograph of their signature and put it into the document.

A digital signature is a digitally encrypted set of data which may include a private key code which the recipient is given separately and can then use to prove the authenticity of the document. A quick internet search will yield further infor-mation if you want to learn more.

You may also be interested to find out about a service called RealMe (www.realme.govt.nz). This is a secure internet portal where you can set up your verified identity in order to identify yourself when interacting with government and some other agencies. Although this is not a digital signa-ture as such, it is an example of the way digital technology can be used to verify your own identity to agencies. (How-ever, it is not something that Justices would use to check the identity of their clients).

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Page 9 E D U C A T I O NSPRING 2014

Page 9

Since 1814 New Zealand’s court system has re-lied on a considerable degree of lay participa-tion.

However, long gone are the days when Justices of the Peace had the power to “restrain offenders, rioters and all other Barators, and to pursue, arrest, take and chastise them according to their Trespass or Offence”. The days are also gone when Justices of the Peace were called upon to conduct preliminary hearings and run depositions and committal hearings. All of these no longer take place in any court.

There has also recently been a significant drop in the number of court sittings at which Justices of the Peace are required. The reasons for this include police use of warnings instead of charges and the recent changes in the national court structure – five courts closed perma-nently in 2013, and eight others became hearing centres. Nevertheless, Justices of the Peace have continued to preside over many cases in District Courts around the country. For example, they heard 8711 traffic-related cases alone in the six-month period January-July 2014.

The one thing that has remained unchanged is that the strength and integrity of the office of the Justice of the Peace is dependent on having competent, knowledge-able JPs presiding when rostered in District Courts.

Training for judicial duties

Justices of the Peace performing judicial duties in Dis-trict Courts have always received training in one form or another. For a long time training was “person-to-person” and frequently took place in court at actual court hear-ings. Associations had their own training and education meetings; many created their own manuals and bench books as well. Associations continue to provide compre-hensive support, education and ongoing mentoring to all court panel members.

The first course

The first judicial studies course was developed by the Federation in 1976, based on an Australian model. It was delivered through the Technical Correspondence Insti-tute. The Open Poly-

technic of New Zealand (TOPNZ) then provided a ju-dicial studies course in several updated forms between 1977 and 2012 and over 1500 Justices of the Peace completed that course.

In 2010, the Ministry of Justice commissioned TOPNZ to totally rede-sign the Judicial Stud-ies course. The result-ing course took a more practical and applied approach. While it con-tinued to be print-based, it had more on-line exercises and practical activities. The number of assignments was reduced to bring the course into line with other contemporary Open Poly-technic courses. The course no longer had open enrol-ment: where previously Justices could commence study at any time of the year, they now had the option of just two intakes per year.

Enrolment procedures also became more formal at this point. The 2007 amendments to the Justices of the Peace Act 1957 provided an opportunity to define and establish nationally consistent requirements for selec-tion and training of Justices for judicial duties. The ma-jor amendment to the Act was the requirement in s3B (1) of the Justices of the Peace Act 1957 that judicial

JUDICIAL STUDIES: What a difference 200 years makes

By RACHAEL O’GRADY and SARAH LOFTUS

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SPRING 2014

duties must not be undertaken without training which has been completed to the satisfaction of the Chief Dis-trict Court Judge.

Training for judicial duties now takes place in three stages: an academic course, a two-day in-court practi-cum, and ongoing mentoring and training once rostered to the bench. The two-day practicum has been provided by the Federation since 2011, with 41 Justices (100% of participants) having taken part successfully.

The end of an era

At the end of 2012 TO-PNZ regretfully advised that it would cease of-fering the Judicial Stud-ies course. The time and effort that would have been required to update the course for the com-mencement of the Crimi-nal Procedure Act 2011 meant the course was no longer viable as there were so few students taking part. In Novem-ber 2013 the Federation

received confirmation from the Chief District Court Judge that the Federation would be responsible for de-veloping and delivering the academic component of the judicial training. Planning and development began in earnest.

A new process

The Federation is now delighted to announce that the new Judicial Studies Course commenced on July 1 this year, with 15 Justices from nine associations tak-ing part. Symbiont Ltd produced the online interactive programme. The structure and content were written and supervised by Sarah Loftus as the National Education Officer (NEO), assisted by a focus group panel of cur-rent court-sitting Justices along with Rachael O’Grady, the Northern Regional Representative. The focus group members were Sue Scutter of the Wellington associa-tion; Alan Goddard, Central Districts; Geoff Fox, Hutt Valley and Districts; John Bunny, Wairarapa and Cathy

Cooney, Rotorua and Districts.)

The Ministry of Justice provided overall project sup-port and management, in particular from Alexia Ford, Senior Advisor Performance and Improvement. The new Judicial Studies Course fulfils the Federation’s ob-ligation since Conference 2003, to provide training and information on-line. This has already proved success-ful with both the Induction Training and Issuing Officer modules.

Associations are charged with maintaining the highest standard of performance of all their judicial JPs through monitoring of bench performance, ongoing education, and regular refreshment of the court panel members. When there is an actual place available on a court pan-el, a new Justice may be chosen for judicial training via association processes and enrolled in the judicial stud-ies programme. Both the Justice and the association commit to the whole three-part training programme, and a bond is paid.

The course is accessed on-line via the Federation web-site and takes 200 hours to complete. Justices work at home but meet regularly with their mentor (a local court panel member) and are required to visit a court as often as they can to observe a variety of proceedings.The course is akin to an academic certificate course and contains tertiary-level academic content with three compulsory assignments which are independently moderated by a professor of law.

The course consists of guided reading of the newly re-vised 2014 judicial duties manual as well as three text-books. There is a range of activities to support learn-ing, including on-line interactivities, worksheets with self-marking answer sheets, and website research. The Justice is fully supported in his or her learning and has access to both the association mentor and the NEO.

Provided an individual is successful on the course and at the practicum the Justice will then experience ongo-ing mentoring by their association as they begin their practice in court.

Associate Minister of Justice Chester Borrows and the General Manager District Courts, Tony Fisher, official-ly launched the new course at an afternoon tea in late July. The Minister said that he was very pleased with the level of training and support that Justices receive through the Federation. Jeff Simpson, the Chief District Court Judge’s research counsel, succinctly summarised the feedback of people who have reviewed the course throughout its development when he commented by email: “I’ve now had the opportunity to go through the on-line component of the training programme. In my view it is excellent.”

Associations may enrol Justices on the new course by forwarding the T4 form to the Federation Registrar with the bond by March 31 2015.

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Page 11 OPINION

The recent case in Brisbane where a New Zealand woman died as a result of a fall from a multi-storey apartment block

has raised the matter of a person’s so-called “right to silence”.In recent times, closer to home, this has come up at the trial of Ewen Mac-donald for the murder of Scott Guy, his brother-in-law, where defence counsel Greg King chose not to call his client to the witness box, thus depriving the jury of the opportunity to see and hear the accused put his story to the test of truthfulness.But I’m getting a little ahead of my-self.This “right” has been in existence in English law – from which our criminal laws are derived – and was well estab-lished in common law as far back as the 17th century. Back in those days an accused was deemed “incompetent” to give evidence on his own behalf, so force, sometimes in the form of out-right torture, was used to try and ex-tract a confession. However, such be-haviour was deemed unlawful, hence the practice of allowing an accused to make an unsworn statement from the dock.By the 1880s an accused could give sworn evidence on his own behalf and by the end of the century this had be-come commonplace. The right to make an unsworn statement from the dock was withdrawn.But the right to silence remained, and an accused could choose to exercise that right, or not. But that was at trial. What about pre-trial, and during the police investigation stage? How was the suspect’s right to silence to be ad-dressed so that his rights were not in-fringed?In the early 1900s, enter what became known as the Judges’ Rules, which clearly set out for the police – and the judiciary – the rules as to how the police were to conduct interviews without infringing upon the suspects’ rights, especially the right to silence, whilst not being overly restrictive of the police.Up until 1994 the UK judiciary, and police, used a fairly standard “caution”

which would be read/said to the suspect: “You do not have to say anything but anything you do say will be taken down in writing and may later be given in evidence.” Note that the two words “against you” are missing from the end of the caution, and this is a deliberate omission as it was feared that if the police officer conducting the interview added those two words it could prevent the sus-pect from saying something in his own defence.But this caution fairly informed the suspect of his right to silence, and cer-tainly in my experience as a detective, very few suspects actually remained silent and did not speak at all during an interview.But in 1994, in the United Kingdom anyway, the caution was changed so that it then (and now) read as: “You do not have to say anything. But it may harm your defence if you do not men-tion when questioned something which you later rely on in court. Anything you say may be given in evidence.”The New Zealand Police have not ex-tended their caution like the UK po-lice did in 1994, so that today, when they wish to question someone where there is sufficient evidence to charge that person, the officer will advise the person that they have been arrested or detained, why, that they have a right to remain silent, that they do not have to make any statement and that anything they say will be recorded and may be given in evidence in court.I think it is unfortunate that the NZ Police have not adopted the slightly longer caution that the British use as to me, it achieves an important objec-tive, namely that of putting the suspect on notice that whilst he has a right to remain silent that silence could work against him because, as the caution says, “… it may harm your defence if you do not mention when questioned something which you later rely on in court…”.But it’s all very well for the police to advise someone of their right to silence, and at the same time cau-tion them that their defence might

be harmed if they omit to say something during questioning that they might later rely on in court, if the suspect then later, during court proceedings, in-vokes his right to silence – as happened in the Scott Guy trial.In that case the judge and the jury, not to mention the public at large, were prevented – by the simple expediency of Mac-donald exercising his right to silence – from hearing impor-tant, some might say crucial,

evidence from the very person who, in my view, they should have heard from. So why do we allow this right to still exist?If I am a witness for the prosecution, whether of the most important or of the peripheral kind, then so long as I am correctly summonsed I cannot refuse to attend court, and when my name is called, to step into the witness box and give evidence, upon pain of being found in contempt of court if I don’t. And all the while the accused can sit mute.The rules and law relating to this right to silence were, as I have pointed out, created over a hundred years ago, when communications were not then what they are now. And the general level of education and sophistication of the “public at large” is now much more advanced than it was then.What then to do to redress what I see is a great imbalance in our judicial sys-tem, where juries and judges are not hearing the full facts of some cases?You cannot, of course, force some-one to give evidence, and I am not for one moment suggesting that people should be forcibly coerced into giving evidence. But with rights come obliga-tions, and I think it is high time that if someone wishes to exercise their “right to silence” they have to be made aware that if they wish to exercise that right then there comes with it an obligation by the judge at the trial to draw the at-tention of the jury to the fact of the ex-ercise of that right by the accused.Just as there is a police caution, which is worded in such a way as to warn

The right to silenceTrevor

Morley JP

SALVO

• Continued next page

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Page 12 OPINION

CROSSWORD

ACROSS: 1 Politician whose sister says she is

being hounded by the media like Princess Diana was (6,7)

6 Radical reorganisations8 Press10 This issue13 An encroachment 14 The Association of Southeast Asian

Nations15 Type of cheese16 Man’s name17 Giant19 Group of three20 Cricket team21 Morse elements23 Motionless26 Primary greenhouse gas

emitted through human activities (6,7)

DOWN: 2 Exclamation of disgust 3 Annoy4 Defiant5 Torment 6 Believed to be guilty7 Ages 8 Civil war-torn country

9 Patience11 Verse using metrical feet12 Process between conception and birth18 Singing voice22 Eggs24 Spar 25 High quality energy-saving light

bulbs

SOLUTION

the suspect that he has a right to silence and at the same time lets him know that one of the conse-quences of not exercising that right is that whatever he says could be given in evidence, so too a judge should have the ability to draw to the attention of the jury that the ac-cused has exercised his right to si-lence. But not only that, the judge should also admonish the jury that the accused has chosen to remain silent and that his exercise of that right, lawful and proper though it might have been, also leaves them in a position, having heard all the other evidence, to place whatever inference they might wish on the choice of silence that the accused has made.Indeed, since 1994, in the UK, there have been four statutory rules in place governing when an adverse inference may be drawn from an accused’s silence:• failing to mention any fact which

he later relies on and which in the circumstances he could rea-sonably be expected to mention

• failing to give evidence at trial or to answer questions

• failing to account on arrest for objects, substances or marks on his person, clothing or footwear, in his possession or in the place where he was arrested

• failing to account on arrest for his presence at a place.

Further, and whilst this is not part of the statutory rules, there is the old adage that “by silence you ac-quiesce”. In my experience, those who are falsely innocent, i e guilty, will sometimes plead their lack of guilt during interviews with pro-testations of innocence, but a gen-uinely innocent person will always proclaim their innocence from the rooftops. The truly innocent never, ever, re-main silent.• The opinions expressed in Salvo are those of Trevor Mor-ley and do not represent those of the Federation or the editor. Mr Morley can be contacted at [email protected]

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VOOECARBONDIOXIDE

• From previous page

Page 15: Conference season in the regions

Page 13 REGIONAL CONFERENCES

By Northern Regional Representative

RACHAEL O’GRADY

Fellowship, teamwork, energy and hospitality: these were the four components that were evident in making the 22nd Northern Re-

gional Conference held in Thames on August 30-31 the success that it was. The conference, hosted by the Hauraki association, brought together 58 JP del-egates from all nine Northern region associations, the Auckland association and Federation Board members.In a year where the Federation has been focused on implementing the first Emerging Leaders Programme, launch-ing the new Judicial Studies course, commencing a communications review, developing a strategic plan and finalis-ing the triennial funding submission, the theme for the conference was, ap-propriately, “Share the Vision: Deliver-ing for Today, Building for Tomorrow”. This theme was integrated throughout the programme.The conference began after lunch on Saturday with a karakia from Federa-tion President Graeme Kitto, and the official opening of the conference by Hauraki association patron and life member Homer Stubbs JP. Hauraki president Marise Morrison and North-ern Regional Representative Rachael O’Grady completed the welcomes be-fore the business part of the programme commenced with Graeme Kitto speak-ing on a wide range of issues. The varied range of topics he covered included Prince George being presented with a set of Amanda Neil’s children’s books (The Bicentennial Series), pub-licising JPs in the Coffee News publi-cations which are to be found in cafes throughout New Zealand and the vari-ous functions being arranged around the country to celebrate our 200 years of JP service in New Zealand, includ-ing the November Government House function.Looking ahead, Graeme spoke about the growing number of JP service desks. With the increasing patronage of this service, he emphasised the need for

statistics from service desks to support the Federation’s funding bids and up-dated us on various projects that are be-ing worked on by the Board. He ended by quoting “If we always do what we always did, we’ll always get the same we always got”.After group discussions, the first guest speaker, local MP Scott Simpson ad-dressed the conference. Scott is one of five MPs (at the time) who is a JP, and he is very supportive of all that JPs do. Building on the concept of “digital na-tives” which he outlined at this year’s Federation Conference in Waitangi, delegates were introduced to the termi-nology of “devices”, which encapsu-lates more than just making phone calls or sending texts from mobile phones. For many people, Twitter has now taken the place of the newspaper. Scott indi-cated that there are lots of things chang-ing at a pace that is uncomfortable for many, and in some cases putting the role of the JP at a crossroads in terms of relevance and where we can add value. He stressed that the onus is on JPs to look at ways to remain relevant as there is no “fairy godmother” at the Ministry. He concluded by mentioning the work that has been done on the Judicature Modernisation Bill to break down bar-riers to protect the judiciary, and the new justice precinct in Canterbury that is inclusive of all the different tiers of

the court system.Capturing the attention of delegates and the partners who also attended the conference was the Saturday afternoon workshop on “Te Mana i Waitangi: Hu-man Rights and the Treaty of Waitangi” run by a guest speaker from the Human Rights Commission, Te Huia Bill Ham-ilton.This workshop helped delegates to be better informed on how the Treaty pro-tects all New Zealanders, giving all New Zealand citizens a tūrangawaewae (a place to stand – our place in the world, our home). Through the work-shop delegates were encouraged to re-flect on:• where their tūrangawaewae is• what their rights and responsibilities

are to their tūrangawaewae• what icons identify this place?• why they identified a particular place

as their tūrangawaewae.Bill worked with delegates in such a way as to give them the tools to better understand the Treaty of Waitangi and what it means to New Zealanders today:• what are the rights and responsibili-

ties associated with the Treaty?• what does the Treaty mean in prac-

tice, especially the promise of two peoples to take the best possible care of each other?

Four keys to conference success

Graeme Kitto and Linda French (Hauraki) in conversation with Fergus Cumming.

Page 16: Conference season in the regions

Page 14 REGIONAL CONFERENCES• how can we keep the promise in our

own lives/workplace/school/etc?• how do you feel the Treaty applies to

you/your whänau/ workplace/com-munity?

Both the Te Mana i Waitangi booklet and powerpoint presentation can be found at the following link:http://www.hrc.co.nz/human-rights-and-the-treaty-of-waitangi/human-rights-and-the-treaty/Good discussion and feedback resulted from the group workshop sessions held throughout the programme on both days. Topics covered:• the commemorative stamp project

(introduced to delegates by Central Regional Representative Kath Blair)

• the Ministerial Activity Log• the communications review (the

Quarterly and the Federation web-site)

• accreditation• te Tiriti o Waitangi• the Education Trust. Delegates also had the opportunity to provide separate feedback on any other topics of interest through a sticky note system. Federation Vice-President Denise Hutchins spoke to delegates about the process and purpose of the draft Stra-tegic Plan, before they had the oppor-tunity to complete their own SWOT analysis of JP organisation and the role of JPs in New Zealand.Feedback has been collated from each of the workshops and has been sepa-rately reported on to associations and the Federation Board.Dinner catered by a local PTA group and members of the local Plunket pro-vided another opportunity for further interaction amongst those at the con-ference, members of the local Hauraki association and the Thames community.Other than the good company, food and the musical entertainment by local col-lege students, the highlight of the Sat-urday night function was the debate between the team representing Hauraki association and a Federation Board team. During the course of debating the mo-tion that “JPs are Just People”, there was all manner of rowdy heckling and even bribery of the adjudicator, but also a lot of fun had by all. On behalf of the

Federation the winning Hauraki team are to be commended for arguing their position “fairly”!Day two began bright and early with Federation Registrar Alan Hart cover-ing a range of practical management matters. He remarked that there appear to be fewer complaints about JPs, now that JP services are being taken into the community via the increasing numbers of service desks. Alan reminded del-egates that although there are specially trained JPs who work in our courts, all JPs are judicial officers.Picking up on Scott Simpson’s com-ments about remaining relevant, Alan stressed the need for issuing offic-ers to be used, or else we risk losing a significant number. This means being proactive within our own associations in communicating with the police and courts. In covering Crown funding Alan reminded associations about the impor-tance of accurate and timely returns.Janet Williams, the senior vice-presi-dent of the Waikato association, spoke briefly about her time at the Emerging Leaders Programme held in Welling-ton in July. She spoke highly of the programme facilitator, the networking bond that has developed with other par-ticipants, and most importantly the re-sources and skills acquired which will provide a valuable reference for some time to come. Gallagher’s and the Edu-cation Trust were thanked for making the programme possible.As in other years, each association had an opportunity to report on their year since the previous conference. This year the Rotorua and Districts associa-tion had taken the initiative to prepare a powerpoint demonstration where they were able to share their work plan, and

the impressive display boards and ban-ners used to promote service centres, which have been made possible through a variety of fundraising applications. Among other initiatives Waikato spoke about the work being done to create job descriptions for council members, and their upcoming bicentenary dinner on November 12 at the Skycity function centre, with Pio Terei as MC.Some associations are reviewing or re-writing their constitutions, while others have been busy addressing governance matters. Most associations spoke of in-creases in service desks, and many are taking up the Gisborne association’s idea of having a JP on site at secondary schools when students are making ap-plications for tertiary study.The presentation by the Far North as-sociation of boxes of Matakana choco-lates went down a treat.With no remits to be introduced, the conference programme concluded with various invitations being extended by associations to future conferences. The Auckland association invited all delegates to both their regional con-ference to be held on September 14 at Alexandra Park, and Conference 2015, to be held February 27- March 1 at the Spencer on Byron in Takapuna. Dele-gates were encouraged to get their reg-istrations in and make their travel and accommodation reservations promptly, as the Conference coincides with the Cricket World Cup. Options were also canvassed for the 2015 Northern Re-gional Conference, to be hosted by the Rotorua and Districts association. In the welcome page of this conference programme, delegates were wished a stimulating and enjoyable couple of days, and the hope was expressed that they would pick up valuable new ideas and personal contacts along the way, as well as enjoying the hospitality of the Hauraki association. There is no doubt that these hopes and wishes were all fulfilled. Despite the fact that the weather in Thames was rather bleak, there was no dampening the energy and enthusiasm of those in attendance. Thanks to all delegates for their contributions and participation throughout.The Hauraki association is to be com-mended for hosting delegates and guests at such a high level. Your efforts certainly showcased the community spirit!

Te Huia Bill Hamilton leads a workshop on the Treaty of Waitangi.

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Page 15 REGIONAL CONFERENCES

proper was followed by a wide-ranging address by Graeme Kitto. His underly-ing theme was increasing the profile of Justices and the increase in service we provide. He mentioned our advertise-ments in Coffee News; service desks, described as a “growth industry” in which we need to get more Justices involved; and restorative justice Com-munity Justice Panels, which the Fed-eration Board is discussing with police.He also spoke about the Government’s adoption of “results-based accountabil-ity” which will eventually devolve upon us. Accreditation, a “work in progress”, is one way in which the Federation can demonstrate that our service is mak-ing a positive difference to the public by providing the best service possible. He appealed for members’ views, with the comment that “The idea is great, we just have to get the mechanism right”.Other topics he covered were the Judi-cial Studies course, delivered on time and within budget, the new judicial manual, the Court Panel Management Agreement, and the pending revision of the ministerial Best Practice manual which will be a priority for discussion with our Minister after the election.In answer to a question from David Whyte as to progress on the Marlbor-ough remit that mandated the Board to

seek other opportunities for JPs to serve their communities, Graeme responded that the topic was raised at every meet-ing with the Ministry of Justice and he assured the meeting that the Board would continue to have that conver-sation but that we cannot dictate to Courts, who are conscious of their need to meet their KPI of handling cases ex-peditiously. He also commented that the reported drop in crime is having an im-pact on Justices’ judicial work.The other main topic, before the con-ference enjoyed an excellent lunch pro-vided by Friends of Seddon School as a fundraiser for their community, was a presentation by Federation Vice-Pres-ident Denise Hutchins on the Federa-tion’s draft strategic plan, followed by breakout sessions to consider a SWOT analysis. Denise’s comments were helpful to as-sociations who are commencing the preparation of their own strategic plans. She prefaced her remarks by explain-ing why we need a strategic plan in the first place. The system we are used to is changing and we need to change too, by asking what we need to do. Other points included the need to be more assertive as an organisation and to stand back to look at our next steps. She challenged the conference to con-

Forty Justices came to Blenheim from the West Coast, Tasman, Nelson, Marlborough and Kaik-oura for this year’s conference,

convened by Central Regional Repre-sentative Kath Blair at the Marlborough Research Centre on August 16. After Marlborough president Kate Bristed welcomed Federation President Graeme Kitto, Vice-President Denise Hutchins and delegates, a warm and relaxed tone was set during the first item on the agenda - the presentation by Marlborough mayor Alistair Sow-man of Certificates of Appreciation to long-serving Justices Julie McKendry and Ramon Sutherland.In his address to the two recipients, the mayor said that Julie was appointed a Justice in 1983 and went on to serve as a judicial Justice for 25 years. She has been Central Regional Representative, Federation Vice-President 1999-2000, President 2000-2001, and is a life mem-ber of the Marlborough association. He cited “lengthy and professional ser-vice” and noted that she had also been mayoress for nine years. In reply Julie said that she has always “thoroughly enjoyed” her work as a Justice.Ramon was appointed a Justice in 1974. The mayor told the conference that Ra-mon was widely known and respected in the region and at the time of his ap-pointment, was the only Justice in the Wairau region. As the captain of the Red Devils team who won the Ranfurly Shield in 1973, he was regarded as a “superstar” in the region. He regularly serves on the service centre roster at the courthouse, and the mayor concluded his remarks by telling Ramon that his time and efforts were “hugely appreci-ated” in the community. In accepting the certificate Ramon not-ed that he had planted one of the first commercial grape vines in the region. He was pleased that after 38 years of advocating for the service, service cen-tres were in operation and were an ef-fective way of providing our services to the public. He modestly concluded that “no doubt if we hadn’t won the shield, I wouldn’t have been appointed!”Kath Blair’s opening of the conference

Plenty on our platesThe Central region is special in that regional conferences are held in both islands each year, one in Palm-erston North and the other at the top of the South Island, this year in Blenheim. Marlborough association

registrar IAN CAMERON reports from the south

Julie McKendry and Ramon Sutherland, pictured with Marlborough mayor Alistair Sowman (centre), who presented the pair with Certificates of Appreciation for their extensive service to their communities as JPs.

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Page 16 REGIONAL CONFERENCES

Some 58 Justices representing the lower North Island associa-tions gathered in the Silks room at the Awapuni Racecourse in Palmerston North on August 9.The room has a gorgeous view over the track and made for pleasant surroundings on an action-packed day. Central Re-gional Representative Kath Blair led the programme, ably supported by the hard-working organising team from Central Districts and Board colleagues President Graeme Kitto, Vice-President Denise Hutchins, and Rachael O’Grady, the Northern Regional Representative.The day began with an address from Graeme Kitto in which he elaborated on the Board’s current work programme, which is extensive. A wonderful presentation on restorative justice from Atholl Leask, co-ordinator of restorative justice practice for the Manawatu Community Justice Trust, had the delegates totally engaged; an interactive session including a SWOT analysis to feed into the Board’s strategic plan was led by Denise Hutch-ins, and an alternative model of accreditation was presented by Hutt Valley and Districts. As expected, much discussion ensued. A workshop to discuss the review of the Justices’ Quarterly, a proposed ministerial activity log on the website and the usabil-ity and functions of the website also created much discussion and debate. The draft designs for the commemorative stamp to celebrate 200 years of Justices of the Peace in New Zealand were displayed and attracted many helpful and constructive comments.Overall, it was another great day of collaboration, networking and stimulating discussion.

An action-packed day

Inter-faith service in Hawke’s Bay

From left, Val Kenny, Sandra King, Jenny Andrews, and Rosy Parsons.

In order to acknowledge the diversity amongst our Justices of the Peace

and to celebrate 200 years of community service, the Hawke’s Bay association held an inter-faith service in July. Contributing to the service at St Luke’s in Havelock North, which was led by Rev Brian Carey, were kaumatua Hei-tia Hiha JP, who welcomed us, Rev Andrea Bussell, who represented both Christian and Jewish faiths, and Indian priest Varinderjit Singh. Jag-nail Singh JP translated the prayer, and Hawke’s Bay as-sociation president Sandra McNeil also read a prayer. Afternoon tea was served and attendees enjoyed the oppor-tunity to connect with other Justices.

From left, Sandra McNeil, Jagnail Singh, Varinderjit Singh, Rev Brian Carey, Rev Andrea Bussell and kaumatua Heitia Hiha.

sider whether, in 20 years’ time, we will be doing what we are doing now - and will we be doing it the way we are now? As an example she cited the enormous growth in the number of service centres. In the reporting-back session, Gavin Kerr received wide-spread approval for his comment that “we are volunteers only in respect of the facts that we can say yes or no to the appointment, and we don’t get paid. Beyond that we are state-appointed officers of the law and have a responsibil-ity to our communities to provide efficient and effective service. To do that we must always be up to date with all aspects of JP work.”Kath wrapped up the morning session with the suggestion that associations should consider updating their constitu-tions, with consideration of IT changes. Group discussions took up the afternoon and the confer-ence, described as “very successful” and “informative” wrapped up at 3pm.

Page 19: Conference season in the regions

Page 17

M..S Walker, JP#88888

WELLINGTONJustice of the Peace for New Zealand

Max SmithMarriage Celebrant

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EXHIBIT NOTE

This is the annexure marked referred to within the

affidavit of

and sworn/affirmed at

this

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day of before me

“ “

20

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CERTIFIED TRUE COPY OF A DOCUMENT PRESENTED TO ME AS AN ORIGINAL

Signed

Date

Certified true copy of a documentpresented to me as an original

Signed

Date

M.S. Walker, JP#88888

WELLINGTONJustice of the Peace for New Zealand

Page 20: Conference season in the regions

Page 18 JUSTICES APPOINTED

THE NZ JUSTICES’ QUARTERLYPublished 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 [email protected], 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 Beacon Print Hawke’s Bay.

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.

Barrett, Tina May, RotoruaBrowne, Lyndsay Anne, NapierBryers, Ellis Mayne, Mount MaunganuiCain, Geoffrey David, ChristchurchCato-Symonds, Susan Hilda, AucklandCodling, Andrew Peter, AucklandDavey, Leah Nadine, AucklandElliott, Joelene, NgongotahaGavan, Michael James,TaumarunuiHazelwood, Sheryl, AucklandHoran, Miranda Jayne, Mount MaunganuiJury, Katherine Mary, HikuaiKlitscher, Lorraine, MosgielKoopal, Vicki Maria, MosgielLaing, Donna Maria, MastertonLane, Cynthia May, HastingsMackinder, Clarice Linda, MatiereMarshall, Jonathan, WhangaparaoaMcKeown, Lorraine Mary, Christchurch

Chinese Justices at Conference 2014 in Waitangi got together for a group picture: from left, Kuan Yap JP (Auckland), Jackie Hui JP (Auckland), S S John Wong JP (Christchurch), Lee Sing Ling, Shirley Sue, and George Sue JP (Central Districts).

Moeroa, Keni Upokotea, DunedinMorris, Rex, NelsonNakhle, Roger Elias, AucklandParnham, Margaret Anne, AshburtonPatel, Suresh Chunilal, DannevirkePatel, Shashikant, RotoruaPatullo, Robert Brian, NapierPrendergast, Dianne, AshburtonRobinson, Joady Michelle, TaurangaRussell, Anne Bernice, Palmerston NorthSavage, James Vaughan, AucklandTafililupetiamalie, Va’afusu’aga

Falemalama Iutoi, AucklandTodd, Matthew Peter,GisborneWasoori, Sudesh Chander, Wellington

Dated at Wellingtonthis 28th day of July 2014Hon Chester BorrowsAssociate Minister of Justice

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