Justices’
Page 1
WINTER
2009
Volume 78
Number 2
QUARTERLY
FIAT JUSTITIA
RUAT CAELUM
Cambodia:
Khmer Rouge’s
legacy of horror
Page 2
I
PRESIDENT’S PAGE
1
Tragedy in Napier
t was with great sadness that
on your behalf, I signed the
Condolence Book and attended
the funeral of Senior Constable
Len Snee in Napier on May 13.
• Standard committal – no hearing,
a registrar will determine on the
paperwork whether the defendant
will be committed for trial.
• Committal hearing - if a judge
approves the application for oral
evidence a judicial Justice may hear
that evidence. At the completion of
the committal hearing all evidence
before the court will be considered to
determine sufficiency.
The terrible tragedy in which he lost his
life brought home to all of us the danger
the police and emergency personnel
face during their daily work. No doubt
it made those of us who issue warrants
realise just what a responsible job it is.
It is not our responsibility to find out
if the search will be safe, but I’m sure
none of us would like to think that a
policeman could lose his life executing
the warrant we have signed.
Information on the new processes will
be distributed when we have had a
formal briefing.
The Services Agreement for the next
three years was signed in late June by
me and Belinda Clark, the Secretary
for Justice. In this time of recession
and cutbacks we were grateful the
ministry increased the basic sum, kept
the amount for rostering and made a
contribution to the Training the Trainers
seminars this year.
We now have a new Minister, Nathan
Guy, and are busy forging links with
him and his office.
A postal referendum is to be conducted
on the “smacking bill”. The Federation
was asked to provide supervisors for
the counting of responses and we
are grateful to a group of Wellington
Justices prepared to carry out this task.
Conference proceedings were well
covered in the Autumn Quarterly and
I am pleased to report progress on the
four remits passed.
• To put a timeframe on MPs in
the nomination process. This was
discussed with former Minister
Richard Worth, and he revamped the
guidelines for Members of Parliament
on the process, emphasising the need
for a prompt process. Associations
still need to be wary of selfnominations and be proactive in
promoting suitable persons to hold
the office.
• To have more sentencing options.
This was discussed with Chief
District Court Judge Russell Johnson,
whose comment was that it would
mean a change in legislation. We
all know how long that can take but
we will follow up to ensure that all
sentencing options we can use are
known to all judicial justices.
• To have a new style of JP warrant
similar to a driver’s licence. Federation President
Alison Thomson
Dr Worth asked the ministry to
investigate. It is probably not feasible
to have photos on them but at least
they may survive an unexpected ride
in the washing machine!
• To simplify the wording of the
Statutory Declaration. The Oaths
Modernisation Bill will address this,
but it is well down the Order Paper so
we will have to wait and see how it
progresses.
Matters arising in the Registrars and
Presidents meetings have been collated.
Executive members are investigating
these and will report back.
Judicial Justices will be interested in the
Criminal Procedures Act, which brings
changes to disclosure and committal
after June 29 this year. Initially there
will be two systems, until cases in the
pipeline prior to that date have been
completed. Committal options will be:
I have attended two of these seminars
and was impressed with the enthusiasm
shown by the trainers and their
willingness to share experiences.
Valerie Redshaw and Greg Weake
planned an interesting programme
covering both ministerial and judicial
matters with an opportunity for all to
participate in activities.
While in the South Island I experienced
the wonderful hospitality of the “deep
south”. I joined Gore for their luncheon
and heard Inspector Barry Taylor speak
on being in charge of security for our
Olympic team in China. This was
followed by lunch with the Southland
executive and an opportunity to view
the venue for the 2011 Federation
Conference in Invercargill.
Keep warm for the rest of the winter,
take care on icy roads and continue the
good work you do for your community.
Alison Thomson
Page 1
NEWS
Legal first at Otago
EDITOR: GEOFF DAVIES JP
Email: [email protected]
Phone: 04-472-5566
VOL 78
WINTER 2009
No: TWO
Reforms on the way
2
New Minister for JPs
3
Chilling scenes in Cambodia
4
Salvo
6
Education
7
Crossword
9
From the Registrar
11
Dare to make a difference
13
Around New Zealand
15
Hubbard
inside back cover
Appointments
outside back cover
Patron: His Excellency the Governor-General
Hon Sir Anand Satyanand GNZM QSO
President: Alison Thomson JP
Immediate Past President: Ian Knox QSM JP
Vice-President: Kevin Geddes JP
Northern Regional Representative:
Fergus Cumming JP
Auckland Regional Representative:
Ken McKay QSM JP
Central Regional Representative:
Greg Weake JP
Southern Regional Representative:
Neill Price QFSM JP
Honorary Solicitors: Buddle Findlay
Registrar: Alan Hart JP
National Education Officer:
Valerie Redshaw MNZM JP
Editor, NZ Justices’ Quarterly: Geoff Davies JP
T
he University of Otago has established a Legal Issues Centre and
appointed a leading British academic to head it up. The focus of
the centre, the first of its kind in New
Zealand, is on how to reorient the legal
system so that it works better for ordinary people.
Professor Kim Economides has been appointed the inaugural director of the centre, and a professor in the law faculty.
He was previously at the University of
Exeter where he was Professor of Legal
Ethics and a former head of the School
of Law. He is founding general editor
of the international journal Legal Ethics
and has held several advisory positions
to the British Parliament on legal reform
issues.
The centre’s socio-legal and policy-oriented research will relate to how a more
accessible, affordable and efficient legal
system can be created for the benefit
of all citizens, and how courts can best
ascertain the truth and arrive at fair and
just outcomes.
The professorial chair and centre were
established through the university’s
Leading Thinkers initiative, following
a $1m donation by Christchurch philanthropists Grant and Marilyn Nelson, as
trustees of the Gama Foundation. The
donation was matched under the Government’s Partnerships for Excellence
scheme, lifting the total to $2m. The
Gama Foundation recently enhanced its
support of the centre through an additional generous endowment.
The centre has already launched a nationwide survey to try to build up a
picture, for the first time, of New Zealanders’ perceptions and use of the legal
system.
Professor Economides said a major attraction of coming to Otago to take up
the position is the unique opportunities
that New Zealand affords.
“I’ve always seen this country as a ‘legal
laboratory’ where one can develop new
ideas and implement change that can improve people’s everyday lives – a good
example being ACC.”
The ultimate aim of the centre’s work
will be to make the legal system fairer
and more accessible without compromising standards, he said.
MOVING WITH THE TIMES
As the result of a Hamilton Justice’s
wish to receive the Quarterly electronically, from now on we are happy to send
the magazine to readers as a PDF and
delete them from the mailing list.
If you would like to take up this offer please advise the editor by email at
[email protected].
Sorry, telephone requests will not be
processed.
DO YOUR ADVERTISING BUDGET JUSTICE
advertise in
JUSTICES’ QUARTERLY
If you or your business contacts are looking to expand your share of the market
you should be looking at this very cost-effective, targeted advertising medium
With an eye to growing the magazine to provide a better and brighter service to Justices, I am keen to attract more advertising. Are you in business? Do you have business contacts who would be interested in this very cost-effective advertising medium?
I’d like to talk to you, or them, and put a proposal. And I’d be delighted to hear any
general suggestions people might have to boost the Quarterly’s advertising content.
Geoff Davies, editor – Email: [email protected] – Phone 04-472-5566
ON THE COVER: The beautiful palace in Phnom Penh, Cambodia . . . the horrors
of the Khmer Rouge regime were brought home to President Alison Thomson on a
trip there last year. Story P4
NEWS
Page 2
Important
reforms on
the way
Y
Minister of Justice SIMON POWER was guest speaker at the Central Districts
association winter lunch on June 28 . . .
ou will no doubt be pleased to
hear that the Ministry of Justice
has just signed a further threeyear Services Agreement with
the Royal Federation. That agreement
will continue to provide support for
the delivery of training of JPs and the
Federation’s ongoing administrative
role.
The agreement contributes to everyone’s
underlying objective by ensuring we
have qualified and competent JPs
serving their local communities.
The agreement is one way in which
the Government acknowledges the
important contribution and commitment
that JPs make and, most particularly,
the outstanding leadership of the
Federation and the local associations.
I am about to release to the public a
suite of discussion documents on the
Government’s Criminal Procedure
(Simplification) Project. I’ll be very
interested in what your organisations
have to say on the proposals in those
documents.
Acknowledging the direct experience
some of you will have as judicial
Justices, there will not be anyone who
isn’t aware of the many problems with
pre-trial criminal procedure:
l repeated case adjournments
l unnecessary court appearances on
matters that could be addressed out
of court
l guilty pleas at the last possible
minute
‘
I am aware that
Justices of the
Peace have had
concerns about this
year’s changes to
depositions hearings,
following the recent
Criminal Procedure
Bill, which are due
to come into effect
tomorrow [June 29].
However, the new
set of proposals is
primarily directed at
more serious cases,
and as a result are
likely to have very
little impact on the
workload of judicial
JPs, if any.
’
l trials that fail to proceed on their
scheduled dates
l prosecution and defence stalling
cases
l a trial system in which relatively
minor cases can be tried by jury.
In the worst-case scenario, cases are
being permanently stayed when delays
contribute to the loss of the Crown’s
ability to prosecute.
In the 2007-08 year, 19 cases were
stayed after the courts found there was
undue delay. This compares to seven
cases in 2004-05.
The current system also has barriers to
the use of modern technologies.
On a recent visit to the Manukau District
Court I saw how much paperwork is
involved in the day-to-day business of
the courts. Reform is long overdue.
There are also significant time and
money savings to be made from using
audio-visual links instead of face-toface court hearings. For example, it
costs approximately $131 to take a
prisoner to court, once all the costs of
transporting and securely holding these
defendants is accounted for.
In 2008, Corrections and Police carried
out approximately 170,000 prisoner
transports, so you can see there is
potential for significant savings to be
made. An audio-visual system will
require some up-front investment, but
once it is up and running it is likely to
have a very immediate impact on the
time and cost of criminal trials.
NEWS
The Ministry of Justice estimates that
10% of summary court appearances
after the administration stage may be
unnecessary.
It also estimates that 15 to 20% of
pre-committal court appearances may
be unnecessary and that 10% of postcommittal court appearances may be
unnecessary. This is the equivalent
of roughly 15,000 unnecessary court
appearances a year.
Even without law change and full
participation by all parties, the testing
of the new criminal processes in the
summary jurisdiction at Manukau
and Tauranga District Courts
shows reductions in the number of
appearances and the average time
it takes to dispose of cases due
to fewer court appearances, pleas
being entered earlier, and an earlier
resolution of charges.
In an interview on TV1’s Q&A
programme, I started a discussion
on the simplification project – such
as increasing the threshold for jury
trials, and cases going ahead when
defendants fail to turn up – and these
discussion documents will flesh out
the detail of that.
I’m hoping the public will become
engaged on some of these important
reforms because they play an
extremely important part in the speed
with which we can deliver justice.
The
Criminal
Procedure
(Simplification) Project sits alongside
the fundamental review of legal
aid that Dame Margaret Bazley is
chairing, and which is another part
of the criminal justice system that
appears to be characterised by waste
and delay.
My view is that the current system
of legal aid is encouraging multiple
appearances on issues that could be
dealt with in a short and timely way
at first appearance.
I have no doubt there will be rigorous
debate about some of the options
we’re proposing, which is why we’re
releasing these proposals to the public
in the way that we are.
However, I don’t believe there can
be any argument about what we are
trying to achieve.
For example, I believe that where an
offender intends to plead guilty, that
plea should be entered at the first
available opportunity. There should
be a judicial hearing only when a
judicial decision is required.
The system is clogged with
unnecessary
adjournments,
so
defence and prosecution counsel
should be held to account when they
fail to keep a case moving. And pretrial matters should be dealt with as
the name suggests: before the trial.
Jury trials should be reserved for
more serious cases.
I am aware that Justices of the Peace
have had concerns about this year’s
changes to depositions hearings,
following the recent Criminal
Procedure Bill, which are due to
come into effect tomorrow [June 29].
However, the new set of proposals
is primarily directed at more serious
cases, and as a result are likely to have
very little impact on the workload of
judicial JPs, if any.
Having said that, I expect the project to
have benefits for all involved, through
increased trust and confidence in the
system and its participants.
Review and reform of the criminal
court is a trend in jurisdictions that
have a similar legal heritage to New
Zealand.
A compulsory case management
system has been established in the
United Kingdom, and a similar
process for encouraging pre-court
discussions between the prosecution
and defence was created in Victoria,
Australia, in 1999.
We are conducting our review at the
same time as Canada, which is also
looking to reduce unnecessary delays
in its criminal justice system.
This project has had a long period of
development, as the criminal justice
system has many participants and is
large and unwieldy.
But I do not believe there can be any
argument that the long delays we have
under the current system are failing to
deliver justice to victims, witnesses,
defendants and to the community.
I look forward to receiving your
views on the proposals, given your
connection to your communities and
your vital role in the criminal court
process.
Page 3
New Minister
for JPs
Nathan Guy is the new Associate
Minister of Justice responsible for
JPs.
Mr Guy, the MP for Otaki, was
appointed Minister of Internal Affairs,
Associate Minister of Transport and
Minister responsible for the National
Library and Archives New Zealand,
as well as the Justice role, after the
resignation of Richard Worth in June.
Mr Guy entered Parliament as a
list MP in 2005 and was elected
National’s Junior Whip in 2006. A
highlight of his first parliamentary
term was attending the Young Leaders
Summit in Seoul, South Korea. He
was promoted to Senior Whip in
early 2008 and retained this position
following the 2008 general election
when he won the Otaki seat, which
covers the Kapiti and Horowhenua
districts.
Before entering Parliament, Mr Guy
managed the family dairy farm and
was active in local government,
serving for eight years on the
Horowhenua District Council. In 2000
he was awarded a Winston Churchill
Fellowship to study beef exports to
the United States.
He is married to Erica and has three
children.
Page 4
FEATURE
‘A poisonous hill’
Federation President
ALISON THOMSON saw chilling sights
on a visit to Cambodia last year
F
ormer Governor-General (and Federation Patron) Dame
Silvia Cartwright is one of the five judges who have been
sitting in the trial of Kaing Guek Eav (better known as
Duch), one of Pol Pot’s henchmen, in Phnom Penh, the
capital of Cambodia.
Duch ran the notorious S-21 (Security Office 21) at Tuol
Sleng in the city. The name can be translated as “a poisonous
hill or a place on a mound to keep those who bear or supply
guilt (toward Angkar)”. S-21 was the most secret organ of the
Khmer Rouge regime and was specifically designed for the
interrogation and extermination of anti-Angkar elements.
I visited S-21 and the killing field associated with it last
October while on a seven-day cruise up the Mekong River.
The spine-chilling list of regulations pictured at right is pinned
up on the cell walls.
The S-21 buildings were originally Ponhea Yat High School,
located in 600m by 400m grounds. During the KR regime
it was enclosed by two folds of corrugated iron sheets, all
covered with dense, electrified barbed wire, to prevent anyone
escaping from the prison. Houses around the four school
buildings were used as administration, interrogation and
torture offices.
The 1720 workers employed there were also under
confinement. Children from 10 to 15 years of age were trained
to be guards at S-21. Most were initially normal kids, before
growing increasingly evil. They proved to be exceptionally
cruel and disrespectful towards both their elders and the
prisoners.
The prisoners were of various nationalities and were brought
in from all over the country. The civilian prisoners were
musicians, intellectuals, professors, teachers, students,
farmers, ministers and diplomats. The entire families of these
prisoners, including newborn babies, were taken for mass
extermination – Pol Pot wanted a population made up only of
uneducated farmers and factory workers.
Photos were taken of prisoners, so there is a reliable record
and minimum number of those killed (although the number of
children was not kept). The photos show the terror in people’s
faces and send a shiver down the spine. It is thought that over
20,000 people passed through the prison to the killing field.
The prisoners were shackled in chains fixed to the wall or floor
and slept on the floor with no mat, mosquito net or blanket.
Each person had a plate, a pair of trousers, and a bucket.
They were woken at 4.30am, stripped for inspection,
then made to do physical exercises even though they were
shackled. They were inspected four times a day to ensure the
The regulations for prisoners in S-21.
shackles were not coming loose. They had to get permission
from the guards to relieve themselves; any accident meant
a punishment of 20-60 strokes of a whip. To even change
position while lying down required permission from a guard.
The former classrooms were turned into prison cells. In the
cells the iron beds with clamps, whipping tools and electric
shock equipment can be seen. Women were often raped as
part of the torture process.
The children’s climbing frame was turned into an interrogation
tool - prisoners were tied to it with their hands behind their
backs and left to dangle till they “told the truth”. If they passed
out they were lowered till their heads dipped into a barrel of
dirty water to revive them, then strung up again.
There were seven survivors of S-21. One was an artist who
managed to escape the final cleanout and in later years he
painted pictures to show how the people were tortured. (I
recently rode with a Cambodian taxi driver in Wellington who
had attended Ponhea Yat High School and whose late father
was a teacher there.)
It was a very emotional visit and brought back memories of a
visit to Dacchau concentration camp in Germany many years
Page 5
FEATURE
ago; it is hard to come to terms with “man’s inhumanity to
man”.
Fifteen kilometres out of the city is one of the 348 “killing
fields”. Altogether 2.2 million people out of a population of
seven million were exterminated between 1975 and 1979.
Students were lured back from overseas studies to “help the
nation” but sent straight to the killing fields. People were
conned into leaving Phnom Penh, which became a ghost town,
and most of them ended up at the killing fields.
The people were usually hit on the back of the head to kill
them, to save ammunition (although some skulls still had bullet
holes). The people who dug the graves were given poisoned
food after a period, to prevent them telling anyone what was
happening. Loud music was played so that locals couldn’t hear
the groans and screams. The circular mass graves were some
two to three metres deep and held about 450 bodies. At the
field I visited they kept the skulls as a count of the number
killed and cremated the other bones. These skulls are now
crammed into a tall concrete glass-fronted mausoleum.
The friendly Cambodian people still, of course, bear the scars
of this terrible time in their history. Very few families escaped
having members tortured and killed. (If you wore glasses it
was assumed you were an intellectual so it was off to prison!)
It was some time before people moved back into Phnom Penh,
a fascinating city beside the river. It was built 400 years ago,
at a strategic point where three rivers meet, and surrounded by
very fertile land.
Phnom Penh Palace (cover picture) with its yellow (Buddhist)
and white (Hindu) buildings and throne room decorated in gold
and bright colours, survived the KR regime undamaged. The
Golden Buddha is 90kg of solid gold and has 2086 diamonds,
the largest being the one on his forehead. The Emerald Buddha
is really made of jade but lit to make it look a vibrant green,
and because the floor is solid silver the building is referred to
as the Silver Pagoda.
The burial
pits in the
killing field.
At the end
of the wet
season they
are full of
water.
The school
climbing
frame,
used as a
torture tool.
The National Museum, built in the palace grounds between
1917 and 1920, had 1000 pieces of art when it opened, and
now has 2000 in four galleries and the gardens. The collection
of Khmer statues through the ages was very interesting - some
looked quite Grecian!
Homes along the Mekong River high
above the flood level.
Tree roots never cleared over hundreds of
years encroached on to the walls of the Ta
Prohm temple, built in the 13th century.
OPINION
Page 6
Y
Velvet fist or iron glove?
es,
the
mixed-metaphor
headline is deliberate!
I’m well aware this saying
(most probably French in
origin) is actually “an iron fist in a
velvet glove” and that it is a none-toosubtle way of describing (according
to the Cambridge dictionary) “ . . .
someone who seems gentle but is in
fact severe and firm . . . “.
So what brought this to mind?
As a former police officer and longstanding member of the New Zealand
Police Association, I receive the
association’s monthly publication,
Police News. A recent issue carried a
lengthy interview with Police Minister
Judith Collins, in which, when
describing her preferred “service
model” of policing, over a “business
model”, she said:
“ . . . I actually believe very firmly
that the NZ police cannot do their job
without the respect and co-operation
of the law-abiding public. When
we see actions being taken against
generally law-abiding people, and
you can talk about quotas or targets
for tickets or whatever as an example,
that actually ultimately undermines
the respect that the public has for the
police and I don’t think that works for
the police . . .”.
She went on to say that there were
negatives for the police in the 1992
merger of the Ministry of Transport
and the police. “I think that it has
caused some difficulties for police . .
. I think it’s very important for police
to understand that they can only do
their job because the public say they
can . . .”.
These comments provoked a response
from Inspector Hugh Flower, the road
policing manager for the Tasman
Police District, which basically covers
the top of the South Island and the
West Coast.
In a letter published in the June issue
of Police News under the heading
“Warnings don’t work” Inspector
Flower suggested that Ms Collins had
been “listening to the vocal minority
who support everyone else being
ticketed, but not themselves” of
“bagging” road policing staff,
and that the police were “ . . .
not here to win a popularity
contest; our job is to save lives
. . .”.
This response made the
mainstream media, some of
whom commented on the
unusual aspect of a serving
member of the police criticising
his Minister. Be that as it may,
was the Minister’s castigation
by Inspector Flower reasonable?
Trevor
Morley JP
SALVO
First, her comments about the police
needing the “respect” and “cooperation of the law-abiding public”
are mirrored in part of the 1829
Principles of Law Enforcement,
written by the founder of modern
policing, Sir Robert Peel, when he
said that “. . . the ability of the police
to perform their duties is dependent
upon public approval of police
existence, actions, behaviours, and
the ability of the police to secure and
maintain public respect . . . ”.
Sir Robert went on to say that “ . . .
the police must secure the willing
co-operation of the public in the
voluntary observance of the law to
be able to secure and maintain public
respect . . . ”. Within just two of his
nine principles, Sir Robert has twice
used that word “respect” and with
reference to what the police must
“secure” from the public if they, the
police, are to successfully do their job.
And Inspector Flower’s reaction to
the Minister’s suggestion that the
police need to obtain the “respect” of
the public? “We are not here to win a
popularity contest; our job is to save
lives . . . ”. Interesting too, that in
support of this claim he quotes from
a book written by retired US General
Colin Powell in which the general says
that “ . . . being responsible sometimes
means . . . some people will get angry
at your actions and decisions. Trying
to get everyone to like you is a sign of
mediocrity . . . ”.
Well, I guess that might be good
advice coming from a former soldier
to other soldiers, given that many
of his decisions led not just
to upsetting some people,
but to their deaths. To the
best of my knowledge
General Powell has had no
experience whatsoever in
civilian policing. Indeed,
his comments, as used by
Inspector Flower, indicate
the paucity of any such
knowledge.
But Sir Robert Peel’s most
famous principle was that the
police “at all times should maintain
a relationship with the public that
gives reality to the historic tradition
that the police are the public and that
the public are the police . . .”. What,
then, do we make of the inspector’s
remark that “we are not here to win a
popularity contest; our job is to save
lives”?
No one is going to argue with those
last six words, least of all, I suspect,
Ms Collins, but it’s in the first nine
that the problem lies. Inspector
Flower invokes a number of statistics
in his letter in an effort to prove that
“warnings don’t work,” and, if that
is indeed the case – though I am, of
course, not entirely convinced of
that – then he would have us believe
that road policing is the one and only
aspect of policing where they don’t
work.
After all, we have read for years
about the Police Diversion Scheme,
that much-vaunted procedure where
miscreants of any age, and for virtually
any offence, can be processed through
our judicial system without acquiring
a conviction. What is that if it is not
a warning? And, so police statistics
would have us believe, the recidivism
rate for those who do get diversion is
remarkably low.
But according to the
“warnings don’t work”.
inspector
What are we to make of a discharge
without conviction or a judge’s
decision to admonish and discharge
or to come up if called upon within a
stated period? Are these not warnings?
If they are not working,
• Continued on page 12
E D U C AT I O N
Compiled by National Education Officer VALERIE REDSHAW
Page 7
7
WINTER 2009
Good turnout for Training
for Trainers seminars
M
ore than 80 ministerial and
judicial trainers attended
this year’s Training for
Trainers seminars, held in
Christchurch, Pukekohe and Palmerston
North.
Federation President Alison Thomson
introduced each seminar. They were
facilitated by Greg Weake, the convenor
of the education committee, and myself
as national education officer.
The programme this year included
sessions specifically designed to assist
judicial trainers to plan and facilitate
practical exercises for judicial Justices.
The moot court, facilitated by Greg,
was designed to improve decisionmaking and the quality of written
determinations.
Ministerial trainers
got involved by taking various roles as
well as being able to experience sitting
as a No 2 on the bench. The value of
the practical exercise could be replicated
by including practical exercises for
ministerial functions.
The ministerial training session focused
on what to teach and how to plan training
sessions. Groups were introduced to
some novel exercises to capture attention
and break up more serious sessions.
In Christchurch, Therese La Porte (from
Canterbury University’s Adult Education
Teaching and Research team) led an
entertaining session on the importance
of creativity in training. Kim Elliot JP
(of the Faculty of Education, Auckland
University) gave an excellent session
on teaching and learning to trainers at
Pukekohe and Palmerston North.
All those who attended were given a
take-away pack containing training
notes and a memory stick loaded with
training resources, including exercises
and PowerPoint presentations.
Greg and I were impressed with both the
willingness of everyone to participate
in the activities and share ideas with
others, and all the work being done by
association trainers.
Training for Trainers seminar attendees hard at work in Palmerston
North . . .
. . . up north in Pukekohe . . .
. . . and in Christchurch, with Federation President Alison Thomson,
foreground.
Page 8
8
E D U C AT I O N
Guidance for issuing
Place of Safety warrants
T
he Child, Youth and Family
Service is to provide a
resource to guide Justices
of the Peace who are called
upon to issue section 39 Place of
Safety warrants. The information
will shortly be published in booklet
form for distribution to those who
are on warrant-issuing panels.
Section 39 refers to a part of the
Children, Young Persons, and
Their Families Act 1989 called
Place of Safety warrants that
allows members of the police
and Child, Youth and Family
social workers to take action that
ensures the immediate safety of a
child or young person if they have
reasonable grounds to suspect
that the child or young person is
suffering or is likely to suffer any
form of ill-treatment.
Section 39
(1) Any District Court Judge
or, if no District Court Judge
is available, any Justice [or
any Community Magistrate]
or any Registrar (not being a
member of Police), who, on
application in writing made
on oath, is satisfied that there
are reasonable grounds for
suspecting that a child or
young person is suffering, or
is likely to suffer, ill-treatment,
neglect, deprivation, abuse
or harm may issue a warrant
authorising any member of
the Police or a Social Worker,
either by name or generally, to
search for the child or young
person.
In an emergency situation where
the immediate safety and/or
well-being of the child or young
person is threatened, section 39
allows Child, Youth and Family
social workers (and police) to take
necessary and appropriate actions
to ensure the child or young person
is safe.
It enables the social worker to
search for the child, using force
to enter if necessary. If the person
who is executing “believes on
reasonable grounds that the child
has suffered or is likely to suffer illtreatment, serious neglect, abuse,
serious deprivation or serious
harm”, the child may be removed
or detained by force if necessary,
and must be placed in the custody
of the Chief Executive (of the
Ministry of Social Development)
or kept in hospital if already there.
On a continuum of seriousness of
intervention, warrant action is at the
serious end. A warrant authorises
invasion of someone’s privacy,
removal of a child and placing that
child in custody. The parent can do
nothing about it at the time and is
constrained by the consequence of
three months’ imprisonment or a
maximum fine of $1000 in the event
of any interference in the execution
of the warrant. However, the use
of a warrant may be the only way
to provide protection for the child.
Applications for Place of Safety
warrants are usually made at the
Family Court. The application,
affidavit and any other supporting
documents may be faxed to the
Family Court if necessary. A
procedure is now in place whereby
staff at outlying courts may fax the
material to the duty Family Court
judge at the nearest large centre,
where the application will be dealt
with as a matter of urgency.
It is only in the most extreme
emergency where a judge is not
available that a Justice of the Peace
will be approached to determine a
warrant application.
While the Act implies that any
Justice of the Peace may issue a
Place of Safety warrant Justices
are reminded that this is a judicial
function.
They should not
issue such warrants unless they
have completed training to the
satisfaction of the Chief District
Court Judge (Justice of the Peace
Act 1957 as amended). Those on
warrant panels will be issued with
the resource booklet as soon as it
becomes available.
WINTER 2009
Changes to
passport
form
Justices of the Peace have been removed
from the authorised persons group on the
proof of identity page of the New Zealand
passport application form. The former
confusing references to Justices of the
Peace under the notes (P11, Q41) for identifiers who do not hold a New Zealand
passport have been reviewed at the request
of the Federation.
A Justice of the Peace who holds a New
Zealand passport and has known the applicant for at least 12 months may still act
as a witness.
A Justice of the Peace could still be called
upon in relation to the Statutory Declaration on P13 relating to head covering etc.
New Visiting
Justices
Congratulations to Anthony Finnigan of
Palmerston North and Peter Hensley of
New Plymouth, who have been appointed
Visiting Justices to serve at corrections
facilities in Linton and New Plymouth respectively. Mr Finnigan has been a judicial JP for 10
years, sitting in the Palmerston North and
Feilding District Courts. He is a chartered
accountant, arbitrator and mediator with
ten years’ experience as a Disputes Tribunal referee, and has also been a member of
the State Housing Authority for six years. He is the Central Districts judicial trainer.
Mr Hensley has been a judicial JP since
1990 and is a former JP trainer. He is a licensed sharebroker and has held a number
of executive positions on local professional
organisations in New Plymouth. He has
managed his own business since 1989 and
has published several books and written
articles on private investment.
Page9 9
E D U C AT I O N
WINTER 2009
Budget funding for justice
sector initiatives
T
he new Government’s first
Budget allocated more than $950
million over the next four years
to significant initiatives in the justice
sector.
The Budget funding includes $700.7
million in operating funding and $255.7
million in capital funding to pay for
initiatives designed to combat violent
crime, protect the public and address
widening funding gaps.
The initiatives include:
• $182.5 million for more police
• $61.3 million to increase criminal
courts capacity in Auckland
SUCCESS AT OPNZ
Congratulations to the following Justices who recently completed the Judicial Studies course at the Open Polytechnic of New Zealand:
Victoria Buckham, Queenstown; Neil Cameron, Masterton; Therese Colgan, Auckland; David Compton, Napier; Estelle Cooper, Auckland; Gavin Evans, Invercargill;
Lester Finch, Hamilton; Douglas Fisher, Tauranga; Janet Holmes, North Shore City;
Colin Lind, Dunedin; Bill McRoberts, Porirua; Helen Meiklejohn, Dunedin; Christine Petrie, Ashburton; Murray Pirret, Waitakere; Andrew Renton-Green, Otane;
Eric Smitton, Dargaville; and Varnakulasingham Thillar, Auckland.
• $9.8 million to boost court security
• $16.3 million to improve fines
collection
• $385.4 million to increase prison
capacity through double-bunking
at five prisons, and plans for further
additional capacity
• $152.9 million for more community
probation and psychological services
capacity to manage more offenders
• $103 million to improve the quality
of parole and home detention
management
• $2.3 million to introduce an offender
levy for victims
• $600,000 in additional funding for
the Independent Police Conduct
Authority.
CROSSWORD
12
13
14
15
16
17
20
24
18 19
21
22
23
DOWN:
2 Company
SOLUTION
11
D
E
C
L
10
chief
Extreme (pfx)
Inattentive
Beam
Testimony
Urges
False argument which
appears correct
10 Trespass
11 Clan beret (anag)
19 Plentiful
21 Property data (abbr)
23 Debt
3
4
5
6
7
8
I M P A L A
9
ACROSS:
1 Counted votes
7 Choosing a person
to sit on a committee
8 Match film and
sound track exactly
9 Psychopath
12 African antelope
13 Encourage
14 Section
15 Jot
16 1000 million years
in astronomy
17 Outlying part of
city
18 Weather
presenter
on TV1
(first name)
20 Gape
22 Embracing
24 Concurrent
S C R U T I N E E R E
E
L
E
A
C O O P T I N G
S Y N
O
R
L
O
8
6
M A N I A C
7
5
H
R
I O T A
S
T
4
E G G
L
E
E O N
3
P
N
U N I T
L
R
2
S U B U R B
T A M A T I
I
D
R
M
O
O G L E
A D O P T I O N
1
N
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S I M U L T A N E O U S
1
Page
10 10
E D U C AT I O N
‘Uprightly,
deliberately,
resolutely’
Sir Matthew Hale, the Lord
Chief Justice of England
1671-1676, discharged his
judicial duties with
resolute independence
and diligence.
He laid down
these rules
for himself . . .
Things necessary to be continually held in remembrance
That in the administration of justice,
I am entrusted for God, the King and
country; therefore, that it must be done
uprightly, deliberately, resolutely.
That I rest not on my own understanding or strength but implore and rest
upon the direction and strength of God.
That in the execution of judgment, I
carefully lay aside my own passions
and not give way to them, however
provoked.
That I be wholly intent upon the business I am about, remitting all other
cares and thoughts as unseasonable and
interruptions.
That I suffer not myself to be prepossessed with any judgment at all, till
the whole business and both parties be
heard.
That I never engage myself in the beginning of any case, but reserve myself
unprejudiced till the whole be heard.
That in business capital, though my nature prompt me to pity; yet to consider
that there is also pity due to the country.
That I be not too rigid in matters purely
conscientious where all the harm is diversity of judgment.
That I be not biased with compassion
to the poor, or favour the rich in point
of justice.
That popular or court applause, or distaste have no influence in anything I do,
in point of distribution of justice.
Not to be solicitous what men will say
or think so long as I keep myself exactly according to the rule of justice.
If in criminals it be a measuring cast, to
incline to mercy and acquittal.
In criminals that consist merely in
words, when no more harm ensues
moderation is no injustice.
In criminals of blood if the fact be evident, severity is justice.
To abhor all private solicitations, of
what kind so ever and by whom so ever
in matters depending.
To charge my servants not to interpose
in any business whatsoever, not to take
more than their known fees, not to give
any undue precedence to causes, not to
recommend counsel.
To be short and sparing at meals that I
may be fitter for business.
NEWS
Page 11
Registrar ALAN HART reports from the Federation National Office
FROM THE
REGISTRAR
Communication
In this age of modern technology it
could be that we are communicating
more and yet somehow messages are
being missed.
The Internet has created an environment
where messages are instantaneously
seen. Google has shown us that information is readily available, although
some of its veracity is to be questioned.
This could well be the case for us. Messages that are being conveyed to trainers and associations often do not appear
to be reaching individual members.
Likewise it appears that from time to
time items contained within this magazine are not being fully appreciated by
members. There have been some instances recently where individual Justices of the Peace have been critical of
the Federation for not providing information, but this can clearly be shown
to be incorrect. One recent example related to the changes in the witnessing
of passport applications. The following
from an email advice to associations
may help individual Justices of the
Peace in their understanding of the situation:
Application for Passport form (PAS1
02/09)
As earlier advised, the confusing references to Justices of the Peace under the
notes (P11, Q41) for identifiers who do
not hold a NZ passport have now been
removed - i e identifiers qualification:
i) must have known the applicant for 12
months and
ii) either holds a NZ passport or be in
one of those categories listed.
The services of Justices of the Peace
could still be called upon in relation to
the Statutory Declaration on P13 relating to head covering etc.
Oaths Modernisation Bill
This was raised with the Minister at a
recent meeting and his advice was that
“there is no current timetable for the
progression of the Oaths Modernisation Act. However, I believe that appropriate training of those administering
oaths may assist where there are problems with comprehension of the current
oaths”.
Submission on Search and Surveillance Bill
The new Search and Surveillance Bill,
superseding the Search and Surveillance Powers Bill introduced last year
by the previous government, was introduced on July 2. If any association
wishes to make comments they should
do so via their regional representative.
Submission on Sentencing Jurisdiction and Appeals
A copy of the collation of comments
received as submitted to the Law Commission has been circulated to associations. The Law Commission has indicated that these comments will be taken
into account in the preparation of their
final report to the Government on this
issue.
Conference 2009 outcomes
Various matters arising from the decisions at Conference were discussed at
the Executive meeting and have been
implemented as follows:
Constitutional amendments
These have been registered with the
Incorporated Societies office (and are
available on their website).
AGM minutes
The AGM minutes as provisionally approved by the Executive at their meeting of April 23 have been circulated to
associations.
Review committee
A copy of the presentation has been
circulated to associations. The various recommendations will be followed
through by the Executive.
Policy changes
These were reaffirmed by Conference
as circulated with the Conference papers and will be uploaded to the website with the usual Conference papers
including the financial reports.
Notices of Motion etc
a) Capitation fee
For the financial year commencing on 1
November 2009 the capitation fee payable by affiliated associations pursuant to rule 3(a) of the Constitution was
set at $11 (inclusive of GST) per head,
based on membership as at August 31
2009 and payable in two equal instalments on December 1 2009 and April
1 2010.
b) Justices’ Quarterly
The remit was amended by leave of
Conference to include provision for
charging non-members for copies as
follows: That the price of the NZ Justices’ Quarterly be set at $2 (inclusive
of GST) per copy for members and $5
(inclusive of GST) for non-member
Justices of the Peace.
c) Communication grant
For the financial year commencing on
November 1 2008 the communication
grant payable to affiliated associations
is budgeted at $5 (inclusive of GST)
per head, based on membership as at
August 31 2008.
d) Presidential honorarium
The Presidential honorarium for the financial year commencing on November
1 2008 was set at $7500.
e) Sitting fees
Kevin Geddes has re-drafted the suggested framework, which will be circulated after final clearance by the Executive.
Remits
Actions taken on the remits passed have
• Continued next page
NEWS
Page 12
• From previous page
been reported back by the President in
her column (see inside front cover).
The remit from the Waikato association
concerning Yellow Pages publications
use of postcodes forming the basis for
future listing of JPs was withdrawn by
leave of Conference.
The remaining remits were lost.
Other matters
It was agreed that substantial work was
required on the Code of Ethics including use of a “behavioural model” and
Immediate Past President Ian Knox indicated that he was following this issue
through.
There was a considerable level of concern at funding being sought for community activities especially where this
included pub charities, Lotto and similar gambling sources.
The issue raised by the president of the
Hauraki association in general business
i e “In view of the ageing demographic
of Justices of the Peace in New Zealand and having regard to the provisions about discrimination by age in the
Human Rights Act, Royal Federation
should recommend that JP associations
and Members of Parliament increase
proportionally the number of younger,
new Justices of the Peace” was fully
supported. Several speakers supported
the sentiments attached to the issue and
associations were recommended to be
pro-active in identifying suitable persons for nomination as Justices of the
Peace.
All items will be further discussed by
the Executive.
The speeches delivered at Conference
as well as the Constitution and similar
publications are available on our website.
Rostering for District Courts
Members will recall that the provisions
of the agreement with the Ministry of
Justice covering the rostering of suitably trained Justices of the Peace to
exercise jurisdiction in District Courts,
while being for three years from July 1
2008, is reviewed and funded on an annual basis.
On August 5 last year an initial meeting
was convened in Wellington involving
representatives of many associations to
discuss a number of aspects related to
this agreement and its associated funding. Subsequently a formal sub-agreement was entered into between each association, with the exception of Bay of
Plenty, for the period July 1 2008 – June
30 2009. A further meeting was held to
review the experiences gained over that
period on Tuesday July 7 2009 attended
by those directly involved with the rosters.
2009 regional meetings
• August 8: Central (Northern) - Palmerston North 10am-3pm
• August 15: Central (Southern) - Nelson 10am-3pm
• August 29-30: Northern - Rotorua
start/finish noon
• September 13: Auckland
• September 19-20: Southern - Oamaru
start/finish noon
Contact your association if you are interested in attending as these are not restricted to council members.
Community magistrates
A copy of a paper prepared for the
ministry, “Impact of Community Magistrates on the Summary Process”, has
been circulated to associations for information. Provision has been made in
the Crown Budget for funding to extend
the areas covered by community magistrates to include the Manukau court.
The Auckland association is also working closely with their courts on pilots of
extended hours of sittings and other experiments to reduce delays in the court
processes.
Velvet fist or iron
glove?
• From page 6
as Inspector Flower asserts, why are they still sentencing
options?
In essence, the officer is claiming that road policing is
so hugely and manifestly different from all other types
of policing that warnings should never be given under
any circumstances and tickets should be issued and
convictions accrued by, in some instances, and as Ms
Collins described them, “generally law-abiding citizens”.
This will do nothing to enhance the respect that Sir
Robert Peel wrote about way back in 1829, and echoed
most recently by the Minister of Police, and which is so
vital to the proper policing of our country.
Inspector Flower clearly advocates not just a policy of
“an iron fist in a velvet glove” but indeed “an iron fist in
an iron glove”. Conversely, the Minister’s more subtle
approach of the “iron glove” and the “velvet fist” – as
reflected in Sir Robert Peel’s 1829 Principles – is more
in keeping with the policing of New Zealand in the 21st
century, and I am certain that the vast majority of New
Zealanders would want it that way.
I know whose side I’m on.
• 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@
paradise.net.nz
CONFERENCE 09
Page 13
Dare to make
a difference
The address at the service of Thanksgiving and
Dedication at Conference 09 in Ashburton was given by
the Rev RACHEL JUDGE, minister of St David’s Union
Church
I
t is a joy to be with you today
as you come to the end of your
Conference. My hope and prayers
are that as you’ve talked, listened,
and reflected together on your roles,
you will leave newly encouraged and
refreshed for your significant position
in your communities.
In each of the parishes I’ve ministered
in it’s been a privilege to have JPs in
the church. They’ve always been strong
carers in their community, people of
firm integrity and full of insight.
As a young minister in my first parish,
in the shadow of the Ureweras, I was
lucky enough to be invited by an old
farmer from up the Apouriou Valley
towards Ruatoki to a JPs’ gathering in
Whakatane to hear Dame Sian Elias
speak. Her eloquence and incisive
analysis of contemporary society and
the place of justice within it knocked
my socks off and both inspires me and
gives me weak knees this morning!
What a start to this year it’s been.
What a workout for the brain. What a
complicated business it can be simply
watching the TV news at night if we
really want to be people who respond
wisely and who make a difference in the
world around us. What are we to make
of two deaths in Paremoremo Prison
already this year, a teacher stabbed
during a class at Avondale College,
alcohol sold to a 10-year-old girl, boys
as young as 14 becoming fathers, even
before we go down the convoluted
path of Bruce Emery’s imprisonment
for killing a tagger, or David Bain’s
retrial, or open up the can of worms
of the media’s coverage of the global
recession.
“This is a bit much for first thing on a
Sunday morning,” you may be thinking!
“Usually by now I’m on my first cup of
coffee settling down with the Sunday
paper! Isn’t church supposed to be a
place of peace and respite from all the
news of conflict and strife through the
week?”
You might wish it to be more like the
church where one Sunday morning, the
minister noticed little Alex was staring
up at the large plaque that hung in the
foyer.
The plaque was covered with names,
and impressive flags were mounted on
either side of it. The seven-year-old
had been staring at the plaque for some
time, so the minister walked up, stood
beside him and said quietly, “Good
morning, Alex.”
“Good morning, Reverend,” replied the
boy, still focused on the plaque.
“Reverend Brown, what is this?” Alex
asked. “Well, son, it’s a memorial to all
the men and women who have died in
the service.”
Soberly, they stood together, staring at
the large plaque. Little Alex’s voice was
barely audible when he finally managed
to ask, “Which one, the 9 or the 10:30
service?”
Instead we are people who believe God
gave us a brain, and delight in using it,
especially where the well-being of our
nation and future generations depend
on our thoughts and actions.
But I’m glad it’s not my brain alone that
has to figure out what’s going on in our
society and make a wise response. I’m
relieved about that for three reasons.
First, it makes sense to put all our brains
together and fathom causes, reactions
and solutions as a team rather than
relying on our individual experience
and bias to offer hope in any situation.
We had become a highly individualised
society which prized independence
at all costs. I’m hoping in this postmodern society that we’re beginning to
acknowledge more the value of working
in teams, bouncing off each other, and
Rev Rachel Judge
thriving on other people’s creativity
and skills, instead of being threatened
by them.
Wouldn’t it be great if in the interests of a
just and peaceful society we could ditch
that old Kiwi machine that effectively
knocked the heads off tall poppies?
Isn’t this weekend a great example of
working together in the interests of our
nation, as we’ve gathered together as JPs
from all over the country to strengthen
our identity and encourage each other?
It may be a cliché now but the example
of geese flying in formation, honking to
encourage the leaders and transferring
the leadership role from time to time
has become a helpful and powerful
example for those of us who seek to
transform our patch of the world along
with others.
Second, I’m hoping that there is a
new emphasis on holistic responses
to problems that don’t use the mind
alone. Increasingly I hope we can draw
on skill and insights that hail from our
emotional and spiritual selves. We
understand these days, and teach our
children that they and we are complex
beings made up of at least emotional,
spiritual, physical and intellectual
dimensions. We ignore any one of those
sides of ourselves to our peril.
• Continued next page
Page 14
A recent issue of North and South
magazine carried a profile of Principal
Youth Court Judge Andrew Becroft. In
it, he made a plug for Christian values
in our society: “I think we’re in trouble
if we’ve abandoned the bedrock values
of our society – honesty, respectfulness,
truthfulness, obedience,” he said. The
headmaster of Wellington College,
Roger Moses, describes Andrew
Becroft’s strong faith as nothing pious,
but practically demonstrated through his
belief in social justice – someone very
much making a difference to the thriving
of peace and justice in New Zealand, and
drawing on his spiritual make-up to do
so. But it was hundreds of years earlier
that Seraphim, one of the saints of the
church, articulated the truth that we see
in role models all around us: “Acquire
the gift of spiritual peace, and thousands
will go along with you.”
Justice and peace cease to be abstract,
pie-in-the-sky qualities when role
models like you stand out in the
community and exemplify those values
in your daily lives. It’s people like you
who bring together your spiritual beliefs,
your ethics, your intellectual powers,
and your life experiences who make a
difference in the fabric of our society. JPs
were known as “keepers of the Peace” in
England for hundreds of years, and then
later came to be known as Justices. Now
you’re Justices of the Peace, and in the
way you carry out your voluntary service
you embody that quest for harmony in
society as, in the words of the Psalmist,
“justice and peace kiss each other, and
steadfast love and faithfulness meet”.
Over the past month there’s been a
fascinating film in our art gallery here
in Ashburton. It’s called Tohu, by my
sister-in-law, Bronwyn Judge from
North Otago. Tohu means a sign, and the
film profiles the golden kea, symbol of
the Waitaha tribe in the south, who have
struggled to attain justice, and to preserve
their river, the mighty Waitaki, from
exploitation. In almost Old Testament
terms, Bronwyn offers us a vision of
justice and peace existing in harmony
together when the balance of the land is
respected.
The film shows us the importance of
spirituality, the example of faith in
nurturing a people’s identity and helping
them care for their land and each other.
So can justice and peace become
partners? Can one ever thrive at the
expense of the other?
Psalm 85 that Alison Thomson read
for us today indicates that when they
do exist in harmony, this is the sign of
God’s presence. Their co-existence also
is a sign of a healthy society, and that’s
how we want to be able to describe New
Zealand today.
‘
The example of
geese flying in
formation, honking
to encourage
the leaders and
transferring the
leadership role
from time to time
has become a
helpful and powerful
example for those
of us who seek to
transform our patch
of the world along
with others.
‘
• From previous page
CONFERENCE 09
Such a society will be led by people
who dare to make a difference, and think
outside the square. Those leaders will
understand the paradoxes of blessings
which Jesus outlined to the crowds on
the Palestinian hillside in the words of
the wonderfully subversive Beatitudes
which Kevin Geddes opened up for us
today. I like to call them the “be-happy
attitudes” as they have the power to
transform lives and communities from a
bottom-up not a top-down perspective.
Such leaders (and we’d like to be among
them), making a difference in these
uncertain times, know the lasting benefits
of meekness, honesty in grief, not being
controlled by possessions, longing for
justice, and being merciful, pure in heart
and peaceful. We also know that such
qualities are best lived out in example
rather then hammered out in words. St
Francis of Assisi put it succinctly when
he said:
“Preach the Gospel. If necessary use
words.”
So third, and supremely, my prayer
is that Jesus, who offers every one in
every place fullness of life, will be our
wellspring, sending justice and peace
flowing into our lives and communities.
Maybe, in fact, your “tohu”, your
personal symbol in life, is the cross of
Jesus Christ towards which we travel
in this season of Lent. I am glad that I
can ask for the wisdom of Christ within
me as I endeavour to make a wise and
positive response to the attitudes and
happenings around me. In my weakness
is Christ’s strength.
We’re proud of our braided rivers in
Mid-Canterbury. We love watching them
swell in spring when the snow on the
mountains begins to melt, and our plains
are watered from the abundance of the
Rangitata, the Hinds, the Ashburton and
the Rakaia. Then there is justice, and
health and fertility on the Plains. Then,
as we “look up to the mountains”, we ask
with the Psalmist “ Where will my help
come from?” And the answer echoes
“My help comes from the Lord who
made heaven and earth”.
Then we acknowledge our dependence
on the Creator of the Universe who sends
rain on the just and the unjust. Then we
pledge ourselves to serve our God who
continually asks us to work for justice,
and who upholds us in our quest for
peace and justice to thrive in harmony.
The prophet Micah could have been
writing a blueprint for Aotearoa New
Zealand in the 21st century when he
announced to the people of his time
“This is what the Lord requires of you, to
do justice, to love kindness and to walk
humbly with our God”.
Let’s live out that mandate with passion
and integrity as we seek to promote
justice and peace in our land.
Page 15
AROUND NEW ZEALAND
Southland Justice PAT VELTKAMP-SMITH finds that getting to the starting line for an event
can be a mission in itself . . .
I
A tale of two trials
NVERCARGILL’S 60-year-old
court building is being rejuvenated, refurbished, rebuilt to accommodate more people, and links are
being forged between it and the adjoining building housing the Ministry of
Justice.
A second storey is being added, so everything on the ground floor is being reinforced – and bewilderingly, court programmes continue as if nothing were
amiss! The biggest challenge of the day
is just getting behind that bench.
One morning I was down to hear depositions with Iris Robinson, our immediate past president. We arranged to meet
outside on the street, in good time for
court, and then attempted to burrow our
way through chain metal fences and
barred doors, with the lights out, in and
out of two adjoining buildings, and with
no correct keypads in sight.
Iris led with the confidence of one who
had covered the ground once before.
But once was not enough, and the directions we were following, while adequate in themselves, left us completely
disoriented as we hiked through what
could well have been a bomb site.
If you think this is a giant beat-up, let
me quote word for word the directions
issued by the court registrar:
“As of this morning, the old JP room
is out of action. The new temporary
JP room is situated on the first floor of
the Cue building next door. Now this
will need to be your base. On days you
have depositions/traffic if you start off
in this room and the court-taker will
let you know which court you will be
in, and you can make your way over to
that court just before hearing time, during the hearings you can use one of the
Judge’s chambers. (The court-taker will
let you know which one will be free),
use this as a break room to save going
between buildings.
“The door into the first floor is usually opened at 8.30am each weekday
morning and you will need to use the
code of ‘abracadabra’ to get into chambers. Please be aware that to get to the
JP room you have to go through the
Judge’s chambers outside court 3, so if
another court is sitting you may cross
paths.
“On Saturdays, for arrests, we have
obtained a briefcase that will be left in
the court building where you can sort
papers that you would need for court.
This case will be left outside the doorway to the Judge’s chambers as you
will need to use a Judge’s chambers
on Saturdays. The code for that door is
the same as above. Inside that case is a
set of keys that you can use if you need
to go out and into the next door Cue
building, if for any reason you need to
go there. One key is for the ramp entrance in the front of the building and
the other is to get into floor one area.
Please ensure you put the keys and everything else back into the briefcase for
the next person to use. Any problems,
let us know.”
We in Invercargill share this with you
knowing that the collegial feeling that
links all those who sit on the bench will
mean you understand, sympathise and
thank God that you are not getting a
new courthouse, or you are not us!
A group of South Westland JPs enjoyed the clear skies and mountain views at Fox Glacier on a recent training day
. . . from left, Mac MacRae, Cushla Jones, Keiran Eggeling, Trish Hird, Tom Clarkson, Noeline Williams, Danielle Smith,
Brian McLennan, Alex Miller, Roger Millard, Charles Lucas and Wayne Nolan.
Page 16
AROUND NEW ZEALAND
Well-deserved retirements
Nearly 400 JPs have retired
from “active service” since
the introduction of “JP (Retired)”. Sadly, some have
subsequently passed away;
others have resigned from
their associations.
As at July 1, the following
Justices are on the Federation’s database as retired.
Well done you!
Aitken, Thomas
Allen, Janet Gay
Austin, Cyril Gordon
Barnes, Peter
Bell, Eileen Joyce
Bell, Robert Henry
Berghan, Myra Ringa
Urunga
Bertram, James Bruce
Black, Brian Hubert
Blair, Isabella May
Bland, Fred Hutchinson
Blewden, Alfred James
Bosher, Leonard Walton
Bowman, Joan Lilian
Bragg, John Frank
Bray, Warwick George
Brocas, David Douglas
Brownlee, Ross Patrick
Budd, Gordon Francis
Bunny, Thomas William
Carter, Bertha Ellen
Chapman, Kenneth Tancred
Palmer
Clark, Colin Kingsford
Coats, Edward Raymond
Cooper, Janet Naomi
Corskie, Zoe Benning
Cotterell, Joseph Henry
Coventry, Frederick
William
Cowan, William Nicol
Crawford, Nancy Hazel
Crutchley, Edgar Stanley
James
Cull, Charles Ernest
Cummings, Russell
Malcolm
Cunninghame, Raeburn Earl
Davey, Alexander Gordon
Dean, Dalton Thomas
Dent, Joy-Verena
Dickie, Malcolm Blair
Dimmick, Patricia Rititia
Dore, William Findlay
Downes, Marie Catherine
Drummond, Alan Bruce
Ebbett, Gavin William
Elder, Ivan George
Eliason, Mary Valerie
Evans, Atareta Hihiria
Apera Dolly
Fairhall, John Eric
Farrell, Neil Thomas
Fielding, Peter John
Finlayson, Grayson Crisp
Fleming, Raymond William
Fletcher, Ronald
Freeman, Robert
Fuller, Graham Scott
Gallagher, Robert Allott
Galloway, Ngaire
Gaskin, Albert Henry James
Gaukrodger, Brian Warren
Gee, Jack
Gibbard, Ian Edward
Gilligan, Kathlyn Anne
Goodwin, Raymond John
Gould, Ernest Arthur
Goulter, Percy Charles
William
Graham, Janice Perress
Gray, Mark Hope
Greenwood, John Roland
Hamilton, Ian Rennie
Harlow, John Eric
Harris, Daniel
Head, Raymond Pickering
Hemara, Paehangi Pearson
Hermans, Reginald Ernest
Hoe, Richard
Holder, John Alleyne
Hollis, John James
Horn, Alice Jean
Irwin, Paule
Jackson, Benjamin Joseph
James, Gwenda Herriot
Jensen, Murray Raynal
Johnston, Thelma Margaret
Keating, Rodney
Kennedy, Clyde Bennett
Keyse, Stanley Paul
Killery, Valerie Jean
King, Blanche Mary
Knight, Jack Campbell
Kruse, Basil David
Kruse, Colin Bernard
Lambie, Trevor Maurice
Landy, Monica Frances
Lane, Henry John
Lane, Thomas Major
Lankshear, Ian Kenneth
Lilley, Robert James
Hartley
Little, Thomas
Ludlow, Heather
Marunui, Mary Heather
Mason, Mervyn Alfred
Massey, Frank Ferguson
Mawhinney, Wilson David
Maxwell, Ann Gordon
Maxwell, Noeline
McCrone, Sydney Donald
McIntosh, Sylvia Mae
McIntyre, Alan Bernard
McKay, Valerie Ormond
McLellan, Patricia Mary
McLennan, Ian Alexander
McNab, Thomas Gordon
McNeill, Cecil Robert
Meads, Brian Darrell
Miller, Bruce Henderson
Monehan, Evelyn Margaret
Moore, Jennifer Margaret
Morphet, Allan
Morris, Douglas Arthur
Motion, William Ewing
Muir, George James
Neilson, Geoffrey Watts
Nesbitt, Robert Swinburne
Newman, Graham Francis
Charles
Olsen, Kenneth John
Pearce, John Henry
Pearson, Keith
Petricevich, Mere
Mangamaru
Pickford, Beryl Mildred
Puke, Hare Wakakaraka
Pullenger, George Heath
Richards, Manuel Herbert
Rickard, Naomi
Saunders, Denis Bernard
Scragg, Frederick Ray
Sharp, Edward Andrew
Simonsen, Bjorn Weis
Simpson, Cathleen
Margaret
Sims, Michael Leslie
Slade, Lorna Elva
Smith, Lawrence Edward
Smith, Lionel George
Snadden, Malcolm Wylie
Stewart, Rita Emily May
Stillwell, Leslie Ernest
Stokes, Alfred John
Stumbles, Cynthia Dorothy
Mary
Sutton, Pamela Cherrington
Symmans, Verdon William
Thomas
Temm, Albert William
Thomson, Kenneth
Raymond
Timms, Colin
Tock, Noel Anthony
Twaddle, Alexander Alan
Van De Ven, Roselene
Frances Pola
Veitch, Bruce Davidson
Vickridge, Jean Agnes
Wadsworth, Lewis William
Wagener, Brian Arthur
Waite, Maurice Richard
Walter, Louis John
Walters, William Austin
Ward, Pauline Julie
Watson, Annie
Weir, Stuart
Whelan, Donald William
Whittle, William Robert
Wilkes, Eric James
Wilkins, Robin Charles
Williams, Evelyn Grace
Wood, Robert
..
HUBBARD
1
Offer runs from 1 June 2009 – 31 August 2009
Page 17
Page 18
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.
Anderson, Emily Jane, Wanaka
Barrett, Dianne Pearl, Mohaka
Boyne, Jennifer Beverley, Martinborough
Brewster, Christine Margaret, Masterton
Cook, Helen Rosemary, Wellington
Corkery, Gaynor Robyn, Dunedin
Dallas-Katoa, Wendy M, Christchurch
Gillespie, Sabidah, Christchurch
Going, Sidney Milton, Northland
Goodhew, June Judith, Whakatane
Herring, Edwina Joy Dawson, Timaru
JUSTICES APPOINTED
Ibrahim, Hassan Haji, Christchurch
Kaur, Sarbjit, Porirua
MacGregor, Murray James, Gisborne
Martyn, Ian Dennis, Christchurch
McEwen, Pauline Dorothy, Masterton
McKinlay-Earl, Coral Raewyn, Te Kuiti
Miller, Roderick Ian, Christchurch
Milne, Kenneth Stuart, Palmerston North
Nicholas, Aere Anne, Auckland
Nicholas, Patrick John, Christchurch
O’Connell, Mary Elizabeth, Palmerston
O’Connor, Michael Joseph,
Palmerston North
Omond, Kathryn Mary, Queenstown
Orchard, Alan Perry, Rangiora
Parker, Trudi Laurel, Te Karaka
Prasad, Pravin Pravikash, Wellington
Sao, Rasy, Christchurch
Smith, Judith Margaret, Wanaka
Stuart, Frances Esme Mary, Picton
Sutherland, Sheryl Janet, Christchurch
Tancock, Peter Douglas, Hamilton
Taylor, Graeme, Blenheim
Taylor, Joan Diane, Whangarei
Waine, David Matthew, Hamilton
Walker, Leonie Margaret, Waikari
Wang, Xiaoli Li, North Shore
Watson, Robert Charles, Christchurch
West, Cheryl Rayme, Blenheim
Williams, Malcolm John, Blenheim
Xu, Ye-Ming, Christchuch
Zachan, Janice May, Napier
Dated at Wellington this 7th day of July
2009
Nathan Guy
Associate Minister of Justice
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