Justices’ Page 1 FIAT JUSTITIA RUAT CAELUM QUARTERLY Winter 2013 Volume 82 Number 2 Getting to know you Page 2 PRESIDENT’S PAGE Recognising competency W inter greetings to my fellow Justices of the Peace – and don’t forget that while we in the more southern parts of the country might be struggling with single digit temperatures every day, there’s always somewhere colder! Our older daughter Vikki has a lab at Purdue University in Indiana where the winter temperature hangs around zero from December to February with snow on the ground regularly. My big news is that we have a new grandson, much to our delight, born in May to our younger daughter Dayna and husband Richard, who are both doctors in Wellington. It’s an easy trip across from Picton on SoundsAir, and we do it regularly. bles JPs who have served for 10 years or more to retain the letters JP (Retired) after their names but be no longer required, may not in fact, carry out any of the functions of a JP. Some choose to keep up membership of their association, access to the website and also receive this magazine. To date some 1107 JPs have taken advantage of this mechanism, providing an opportunity for fresh appointments in their areas. Service centres Accreditation In response to requests from associations and at the direction of Conference this year, the Board has now approved a system of accreditation. This voluntary system will recognise and demonstrate to the public on the Find a JP page those Justices who have achieved a pre-determined level of professional competency. The system will be website-based on www.jpfed.org.nz and associations will provide specific details to members as the system becomes operational over the next few months. Criminal Procedure Act (CPA) As I mentioned in my last column this Act came into force on July 1 and essentially replaces the Summary Proceedings Act 1957, most of which will be repealed. The Search and Surveillance Act 2012 has taken over from S198 of the SPA along with some other changes. You should familiarise yourselves with this piece of legislation even if you do not sit in court. A general knowledge of the new provisions will assist you when asked to explain it to laypeople. Look at the four levels of dealing with offending, become familiar with the new terminology - for example court days are called trials and the words summary and indictable have disappeared. Informations, which were previously sworn before a court registrar or Justice of the Peace, are now charging documents and are filed electronically without being sworn. 1 Greg Weake You might be interested to know that the charge of bribery of a judicial officer is a category four offence and of course all Justices of the Peace are judicial officers - a very good reason why payment should never be accepted for work as a JP unless specifically provided for by legislation. The electronic operating model (EOM), which is provided for in the new legislation, will, over time, take place in those courts that are so equipped. This is intended to reduce the excess associated with the current paper-based system and lead to greater efficiency. You may find this website useful: http:// www.justice.govt.nz/courts/modernising-courts/new-criminal-procedure JP (Retired) Becoming a JP (Retired) was made possible by the passing of the Justices of the Peace Amendment Act 2007. It ena- Most cities and towns in New Zealand now have service centres. These are organised and staffed by the local JP association. They are often held in libraries or a Citizens Advice Bureau but may be in cultural centres or even places of religion. This service enables members of the public to meet with a JP in a public place to have their documents completed during set times and without any appointment. The Federation is in the process of preparing a best-practice policy regarding the operation of service centres and this should be available for consultation with associations before the regional conferences. The service centre list is available to everyone on the Find a JP page of our website: www.jpfed.org.nz Registrar Federation Registrar Alan Hart along with Angela and daughters Sophie and Mel had a month in the UK during May for a family wedding and some sightseeing. This was a well-deserved break indeed, enjoying the beginning of the northern summer. Duane Williams was Acting Registrar in Alan’s absence and we are indebted to Duane for his help. Occasionally, dealing with members of the public, be it in your own home or at a service centre, can prove trying. Sometimes people are not as patient and tolerant as we might wish so I thought I would leave you with this quote: “The real art of conversation is not only to say the right thing at the right time, but also leave unsaid the wrong thing at the tempting moment” (Dorothy Nevill 1826-1913). Greg Weake NEWS1 Page 1 Hamilton Justice ANTHEA SIMCOCK is the CEO of the national child protection trust Child Matters. She received an ONZM for services to child welfare in the New Year’s Honours. EDITOR: GEOFF DAVIES JP Email: [email protected] Phone: 04-472-5566 Telephone 04-918-8447 Fax 04-918-8034 Email: [email protected] Website: www.jpfed.org.nz Getting to know you 2 From the Registrar 4 Keeping up to date: accreditation 5 Salvo 7-10 11 Crossword Letter to the editor 12 13 Time Travel: Oamaru’s Victorian Precinct 14 200 celebrating 200 16 Hubbard hild Matters’ overall purpose is to “inspire New Zealanders to make sure that every child flourishes in an environment safe from all abuse”. The trust’s annual Buddy Day was launched in Hamilton on International Child Abuse Prevention Day in 2011 – November 18. Buddy Day is a visual reminder that it takes a community to look after a child. It is a fun, high-profile public participation event, but with a serious message, designed to raise awareness and start conversations in our communities about child abuse and what adults can do to stop it. Hundreds of life-size cut-out children (the Buddies) are taken into the community with key business people, politicians, iwi and other members of the public. Winter 2013 VOL 82 No: TWO Education C Buddy Day expanding inside back cover Appointments outside back cover Patron: His Excellency Lt Gen The Rt Hon Sir Jerry Mateparae GNZM QSO Governor-General of New Zealand President: Greg Weake JP Immediate Past President: Kevin Geddes JP Vice-President: Graeme Kitto JP Northern Regional Representative: Rachael O’Grady JP Auckland Regional Representative: Patrick Samson JP Central Regional Representative: Denise Hutchins ED JP Southern Regional Representative: Bill Saxton JP Honorary Solicitors: Buddle Findlay Registrar: Alan Hart JP National Education Officer: Sarah Loftus Editor, NZ Justices’ Quarterly: Geoff Davies JP Before their big day out in the city, the Buddies are dressed, decorated, and given a name and story by children from schools and childcare centres. The conversations at schools are around what a child needs to be happy and healthy, and how to care for others. Last year, with 75 childcare centres and schools involved in dressing and creating Buddies, the messages impacted more than 3000 children. Through media coverage, Facebook and the thousands of signatures that the Buddies collected, more than 50,000 people had some direct contact with the Buddy Day project. Anthea Simcock with Governor-General (and Federation Patron) Sir Jerry Mateparae after her ONZM investiture earlier this year. Engaging the public is a vital aspect of the trust’s work in making New Zealand a safer place for children and combating New Zealand’s atrocious record of child abuse. This year Buddy Day will be extended and will also take place in Tauranga, Wellington and Auckland as well as Hamilton. New Zealand has one of the worst child abuse rates in the developed world. Child abuse is not something that happens to other people – its effects permeate all our lives and every adult has a part to play in making a change. It takes a community to nurture a child, and all New Zealanders need to understand the issue if there is truly going to be social change. Buddy Day this year is November 15. For more information go to www.buddyday.org.nz Left, Buddies waiting to be collected, and right, Tamahere School pupils with their Buddy Tama (back row), who has just turned five and started school. ON THE COVER: Members of the Mid-Canterbury Filipino community at the Ashburton association’s Philippines evening - from left, Nora Baker, Thelma Bell and Arseline Ong wearing costumes from different regions and ethnicities of their native country . . . story P2. PICTURE: Noel Lowe FEATURE Page 2 An enriching experience The group of Filipino friends and family involved in the Ashburton Filipino experience. By PAULINE HEWSON Pictures: NOEL LOWE T he rapid conversion of traditional sheep farming to dairying in Mid-Canterbury may be stressful for those of us who like sheep, but it has brought us many advantages: economic benefits, population growth - and cultural diversity. Mid-Canterbury people are becoming very used to the growing number of people from the Philippines – a country which not many of us know too much about, or have visited. And yet, many Filipino people are choosing to work here in New Zealand, and many wish to make it their new home. Filipinos are working in the dairy industry, the health sector, the meatworks, food processing and clothing factories, and living in our communities. There are 3000 Filipinos living in MidCanterbury alone – 10% of the total population, of whom 90% work in the dairy industry. For most, the motivation for relocating is to give their families a better future – a better education and more opportunities. Filipinos are also highly sought-after migrant workers for the building of the new city of Christchurch – carpenters, builders, engineers, architects, and IT workers have already arrived, with Thelma Bell performing a Muslim dance called Kapa Malong, using the handwoven tubular material made by the native Maranao tribes from the Southern Philippines. The dance steps demonstrate the different ways a malong can be used. more planning to follow. Members of the Filipino community call upon us for the usual range of our services, and our first Filipino Justice was appointed recently. In an effort to find out more about this community, the Ashburton association arranged an evening with a group of Filipino people. About 50 Justices were entertained and educated about the Philippines by a group of women and men, teenagers and children (all in national costume) who showcased their culture for us. The evening began with a prayer of thanks by the group for the opportunity to be in this beautiful country and to live in a community where they feel accepted despite their differences. It was a very genuine prayer, written specially for the evening and said with obvious respect and passion. It set the scene for the evening and it was clear we were in for a real treat. Two Powerpoint presentations followed, giving a great insight into the history of the islands known collectively as the Philippines. We also learnt about the islands as they are today, and saw clips of favourite beaches, towns and landscapes. Some of the group then presented a snapshot of their customs and culture, and two national dances, clearly demonstrating the richness of their culture and historical origins. The evening concluded with a traditional Filipino supper prepared by the women of the community. The Philippines are a series of islands, each with their own unique customs and language. Filipinos often do not understand each other when they arrive here, Page 3 as they all come from different island groups. The Philippines have been invaded by many different nations throughout their history, including Spain, the US, and Japan, and each race has contributed to the cultural mix of today’s Philippines. The Spaniards introduced religion and prayer. They also provided the name for these islands – from their ruler, King Philip. The Americans brought the English language and the American school curriculum. Filipinos are also very innovative, a characteristic of the Japanese. One of the national dances performed for us showed the American influence - a colourful and graceful countrystyle barn dance. In contrast, the other dance, also graceful and traditional, demonstrated the many uses Filipino women have for one garment - a cotton woven scarf, called a malong, which can be used on many different occasions by twisting it into a bag, headscarf, sarong, shawl, or dress. Some 12 million Filipinos work overseas in many different countries – most significantly, three million in the US, over a million in Saudi Arabia and 27,000 in New Zealand. Migrant workers return to the Philippines regularly, taking fresh knowledge and culture with them, thus introducing new ideas and colour to their country. Filipinos often use the services of a Justice of the Peace, usually because they are here on a working visa. New Zealand Immigration requires visas to be renewed every two years, and with a new set of documents each time. Sometimes an applicant is also putting together supporting documents to enable his/her family to join them in Ashburton. Filipinos are often surprised that JP services are free - this is not the case in the Philippines. They use a notary public to have documents witnessed, and have to pay a large fee for the service. The comment is sometimes heard that migrant workers take employment away from locals. But to be able to hire a migrant worker, an employee needs to prove that the position has first been offered to a New Zealander – in other words, a “Kiwis first” policy. Many Filipinos are professional people with university degrees. They are very skilled and pay taxes at the same rates as New Zealanders, but without any benefits. A migrant on a working visa cannot be selective or obtain any job they desire. They depend instead on the job offer of the employer and their skill or experience for that job. Filipinos all have a story to tell about how they got to Ashburton, the difficulties of adjusting to life in a new country without family, friends, and a familiar language. They can tell of the frustration of finding employment, the emotional and social sacrifices, and the financial burdens they have endured. But despite this, they feel very blessed to be able to live in this new country with all the advantages they have sought. They are now part of a very strong and supportive group of migrants who have become their friends and extended family. We came away from this wonderful evening with a greater understanding of, and respect for, the Philippines and its people. They are making a positive contribution to our community and enriching our own culture with theirs. FEATURE Celestina Benett and Bernard Juntilla performing the Tiklos dance, a rural dance in the Philippines. Nora Baker and Michelle Reyes in Maria Clara costume. Arseline Ong, in national costume, singing a Filipino song. Justices seemed to enjoy the Filipino delicacies served for supper! Page 4 NEWS Registrar ALAN HART reports from the Federation National Office FROM THE REGISTRAR Conference 2013 Congratulations again to the North Otago association in general and their organising committee in particular for the Conference. The AGM minutes have been provisionally approved by the Board, and are on the website together with a copy of the notes from the registrars’ and presidents’ meetings, and those from the workshops. Conference outcomes All administrative matters have been actioned and the following summary relates to remits etc. Constitutional changes: nil Notices of motion: nil Financial Financial remits were passed as follows: the concept of having a “Year of the Justice of the Peace”. (iv) That Royal Federation make strong representations to the Minister of the Crown in charge of Justices of the Peace requesting the Government introduce the necessary legislation that would give judicially trained Justices of the Peace similar authority and jurisdiction as currently held by Community Magistrates. 2014 will be the Year of the Justice of the Peace. Publicity and development of this prior to the Conference at Waitangi to celebrate the 200th anniversary of the appointment of Thomas Kendall will take high priority. (More details separately.) Changes in courts (a) Capitation fee This remains at $10 (exclusive of GST) a head, based on membership as at August 31 2013 and payable by February 1 2014. (b) NZ Justices’ Quarterly A reminder that this year’s regional meetings are being held as follows. August: 3 (c) Communication grant (d) Presidential honorarium This remained at $7500. Remits Those carried which are currently being actioned were: (i) That Royal Federation explore with the Ministry of Justice and other agencies, both governmental and nongovernmental, ways in which Justices of the Peace might extend the official range of their duties. (ii) That Royal Federation investigate the concept of introducing a Practising Certificate to apply to all Justices of the Peace. (iii) That Royal Federation investigate Some comments on the suggestions that such courts might in future be held in “non-court” environments such as council buildings or police stations seemed to reflect a blurring of the demarcation between the various branches of the justice sector – there seemed to be no suggestion of venues such as a marae. Some issues appeared unresolved, such as the proposal that enforcement officials (including “bouncers”) might be able to not only issue on-the-spot fines but also collect payment at the same time from the alleged offender. I gathered there is concern at the potential for localised corruption, as is evident in some other parts of the world, should this proposal proceed. 2013 regional meetings A small increase was agreed (25c) and the cost set at $2 (exclusive of GST) a copy for members and $5 (inclusive of GST) for non-member Justices of the Peace. The grant payable to affiliated associations was budgeted at $5 (inclusive of GST) a head, based on membership as at August 31 2013 and has been paid to associations. I was interested to see changes also occurring in the English court structures where around 200 magistrates’ courts have been closed, leading to some concerns as to access to justice for their widespread population. There were also reports in the media as to suggestions that up to a billion pounds might be saved by privatising court operations, including premises and staff themselves. Central (Palmerston North) 17 Central (Top o’ the South in Nelson) Registrar Alan Hart presents a Federation plaque to the SecretaryGeneral of the Commonwealth Magistrates’ and Judges’ Association, Dr Karen Brewer. Many members, especially those involved in judicial functions, will be aware of the significant changes in our courts. We have already seen the closure or change in status of a number of courts around the country and as with previous such changes in physical access to justice, this is probably likely to continue as our population’s demographics change. While my wife and I were in England for her nephew’s wedding recently I had the opportunity of meeting with Karen Brewer, Secretary-General of the Commonwealth Magistrates’ and Judges’ Association, of which we are a member. 24-25 Northern (Hamilton marks the 21st year of these meetings) 31 and September 1 – Southern (Christchurch) September: 22Auckland Contact your association if you are interested in attending as these are not restricted to council members but are open to all JPs. Queen’s Birthday Honours It was great to see 19 Justices of the Peace acknowledged for their outstanding work in their communities. Associations were asked to convey the Federation’s congratulations to their respective members (and families) but all JPs can take pride in these awards for service. Page 5 NEWS Keeping up to date Federation Vice-President GRAEME KITTO sets out the background to the introduction of accreditation of Justices and (overleaf) how it will work. Dictionaries define “accredit” as: • to give credit for • to recognise officially • to certify as meeting required standards • to attribute a quality to a person • to vouch for somebody as conforming to a standard. I n suggesting this title for our purposes, we simply had in mind the ACCumulation of CREDITs – hence ACCREDITATION. Conference 2013 received without comment the report of the accreditation workshop. The minutes record: • Workshop participants fully endorsed accreditation in principle and its timely introduction (ASAP). • Accreditation for a one-year fixed term, the process to be initiated ASAP with review and growth opportunities built in. Through the accreditation process JPs will, through continuing education and activity, keep themselves up-to-date and ensure their familiarity with the processes required to carry out their ministerial duties. The same Conference also supported the Canterbury association’s remit “That Royal Federation investigate the concept of introducing a Practising Certificate to apply to all Justices of the Peace”. The minutes record that this would support discussions on accreditation. At its meeting on April 18 the Board adopted an Accreditation Policy (Education Policy C5 – see P6, and it can also be found on www.jpfed.org.nz). Its stated purpose is: “To strive for professional excellence in the delivery of quality JP ministerial services to the New Zealand community.” The introduction of this accreditation system brings into being something akin to what many associations have been requesting in another guise for a number of years. It has been the topic of remits to recent Federation Conferences. Some associations have also started working towards a similar system. This national system of accreditation has been informed by and broadens those associations’ initial steps. In preparing for an accreditation system for JPs, it was interesting to note how many other bodies are also either introducing or improving similar Continuing Professional Development processes. With input from a working party of JPs and Board members, the accreditation system (see P6) has been designed and adopted for trial. It has been through many iterations to ensure that accreditation was achievable by all JPs. The system will go live from September 1, marking the beginning of a fourmonth trial period. From that date, JPs will be able to log on to the website (www.jpfed.org.nz), go to My Account, click on Accreditation and follow the instructions. In submitting information about an activity that generates points for accreditation, the JP is attesting to the accuracy of the entry. All points accumulated during the trial period will be removed on December 31 2013. If you wish to offer feedback to be considered at the Board’s meeting on 21 November, please send that to your association registrar by October 30. Registrars are requested to send a collated report to their regional representative by November 8. The system will be fully operational from January 1 2014, subject to confirmation at Conference 2014 that the accreditation system will be formally instituted from (and back-dated to) that date. From 2015 every entry will be removed after 12 months and the JP’s points recalculated automatically. JPs are reminded that they do not have to have their own computer to be able to access the website and to record this information. Those without computers can probably access one belonging to a family member (spouse, child, grandchild) or a friend or neighbour. Alternatively, they could log on to a computer in a public library or SeniorNet venue or wherever computers are provided for public use. All questions about access to the website or entering or correcting information are to be directed to the webmaster, Greg Weake: [email protected] or 03-573-6276 or 027-4908-819. This is an exciting development for New Zealand JPs as we approach our 200th anniversary of service to the community. Without doubt the system we are implementing can be improved, but only through the combined experience of all of us. Its operation will be monitored, your feedback considered and in a timely manner, refinements will be made. A school motto adapted for our purposes summarises what this development will help us achieve: Nga kaiwhakawa manaiti i raro i te maru o te ture kia tipu, kia puawai, kia tu tangata. Whakapono ki a koe. Accreditation will help JPs, under the mantle of the law to grow, to blossom, to be confident. Be true to yourself. • How it works – see P6 Page 6 The accreditation policy Rationale In response to requests from associations and at the direction of Federation Conference 2013, an accreditation system has been implemented. NEWS How it will work H ere are some basic Q+As on how accreditation for ministerial duties will work. They should be read in conjunction with Education Policy C5 (left). Purpose To strive for professional excellence in the delivery of quality JP ministerial services to the New Zealand community. Objectives: 1 To encourage JPs to actively undertake ongoing professional development. 2 To recognise that Continuing Professional Development (CPD) may take many forms. 3 To confirm that JPs are meeting the expectation contained in clause 2 of the Code of Conduct: maintain a working knowledge of the duties, responsibilities and obligations of a Justice of the Peace by regularly participating in education sessions provided by their associations or Royal Federation. 4 To increase the use of www.jpfed.org.nz (the website) as the principal means of tracking information and developments that will keep JPs up to date. 5 To assure the public of the currency of JPs’ knowledge. Responsibilities 1 The Federation will provide an outline of the current requirements to gain and maintain accreditation through CPD; refer Accreditation: Ministerial Duties. 2 The Federation will provide access to the template on the website on which each JP will enter the CPD activities they have undertaken. 3 The Federation will ensure that all JPs who have current accreditation are identified on the website. 4 The Federation will annually provide each association with a list of those of its members who do not have current accreditation. 5 Each association will communicate with those of its members who have not achieved, or are not maintaining, accreditation and decide on the action to be taken to rectify this. 6 Each association will conduct an annual quality assurance check on the CPD information entered by randomly selected members, confirming each August in a report to the association council and the Federation the accuracy of that process. Adopted April 18 2013 What may contribute to maintaining accreditation? Any combination of the activities listed that updates a JP’s knowledge, skill and judgement and enables the JP to serve the community with assurance, command the confidence of clients and apply the knowledge acquired to tasks/ documents that are unfamiliar. For an activity to qualify as contributing to Continuing Professional Development (CPD) and therefore maintain accreditation, it must be related to the role of a JP. What are the CPD requirements for a JP’s accreditation? On an ongoing basis, the JP needs to undertake at least two different types of CPD activities which together accumulate a minimum of 40 points during a calendar year, and record those activities online, attesting to the accuracy of the information entered. If necessary, the JP may be asked to make evidence available for audit when required. What are relevant CPD activities and their value? 1 Attendance or presenting at a session arranged by the JP’s branch or association or the Federation, the main purpose of which is CPD - 12 points per session. 2 Accessing education resources on www.jpfed.org.nz including the Education pages in the Quarterly and ITM. Visits to these sections of the website for a minimum of 10 minutes per visit will generate points – three points per visit. 3 Serving at a JP Service Centre in the company of one or more other JPs with whom the tasks being undertaken are discussed - three points per occasion. 4 Attendance at an association AGM – three points per AGM. 5 Attendance at a regional conference – three points per conference. 6 Attendance at a Federation Conference – three points per conference. 7 Serving on an association council or the Board of the Federation for at least nine months in a calendar year (where “serving” means missing no more than one scheduled meeting in the nine months) - five points in a calendar year. How can these activities be verified? 1 The association holds a record of those attending and presenting. 2 The JP should enter the date when this occurs in their logbook. The qualifying points are automatically credited online. 3 The association holds a record of those serving at JP Service Centres. 4 The association holds a record of those who attend the AGM. 5 The regional representative holds a list of those who attend the regional conference. 6 The Federation holds a list of those who attend the Federation Conference. 7 The names of those who meet this requirement can be verified by the association or the Federation. • Adopted (in principle) April 18 2013 – modifications as at May 20 2013 Page 7 E D U C AT I O N Page 7 Compiled by SARAH LOFTUS: [email protected] 04-918-8445 WINTER 2013 ‘Wonder is the beginning of wisdom’ - Greek proverb From the National Education Officer W arm greetings to all Justices of the Peace. In the Summer 2012 issue you saw a picture of the Federation office in Lambton Quay from the outside. In this issue we’ve gone back inside to show the interior. Administrator Helen Silverwood’s desk is at left and mine is on the right. Registrar Alan Hart is in a separate office through the door to the right. We are a small team and work together closely to provide the best administrative and education support we can. You are always welcome to contact us either directly or via the website. Note: our old “@clear.net.nz” email addresses have now been closed. If you use them you will receive an “undeliverable” message. Check your email address book, as it may be using the old addresses automatically. The correct contact details are below. RegistrarAlan Hart: 04-918-8447 [email protected] National Education Officer: Sarah Loftus: 04-918-8445 [email protected] Administrator: Helen Silverwood: 04-918-8114 [email protected] Reverse dictionary quiz What word does each meaning define? 1 To forsake a right even though it is available 2 That part of the sea which is outside the exclusive economic zone and the territorial and internal waters of a country 3 An offence against the Sovereign or state 4 A written order issued by a court, commanding the person to whom it is directed to do or refrain from doing a From the mouths of babes Miss Four-year-old wanted some of my lunch to try, to see what it tasted like. So I gave her some, and she said: “I tasted it and it tasted like what it tastes like.” *** This morning our dog was barking at everyone and everything. I said “Put a sock in it, will you!” Later when the dog was barking again I overheard my five-year-old son say: “Put your socks on will you!” *** When I exasperatedly said to my one-year-old: “What part of ‘no’ don’t you understand?”, my three-year-old thought about it carefully and then responded “Maybe it’s the nnnnn part, Mummy”. Page 8 E D U C AT I O N Page 8 WINTER 2013 JUSTICE OF THE PEACE ROLE Change to numbering Education pages Sharp-eyed readers will have noticed a change to how we number the Education pages. We have been using a system separate to the rest of the magazine, with each page having an ED number. However, those of you who file the pages would have realised that filing the most recent edition in New pages for your ministerial manual the front of your folder meant that the numbers did not run in order. So we have returned to numbering the Education pages as part of the whole magazine. If you file your pages, you will be able to refer to them using the edition and page number. For example this page is P8 of the Winter 2013 issue. An interesting ‘certified copies’ question The Autumn 2013 issue of the Quarterly included two sheets that should now be filed in your manual of ministerial duties. A few points about those pages have arisen since then. • You should throw away the old page of your manual with paragraph 2.20 on it. • When you have filed the new pages you will see that the paragraphs now run in order – 2.18, 2.19, 2.20 and 2.21. The last of those (paragraph 2.21) is not about certified copies but is the final paragraph of that whole chapter of the manual. • The pages were issued by the Ministry of Justice with the approval of the Secretary for Justice as required by section 3B(1) of the Justices of the Peace Act 1957. They are therefore the current formal statement on certifying copies for both Justices of the Peace and Ministry of Justice staff. • If you did not receive your new pages, please either download them from the website or phone or email the Federation office to ask for them to be sent to you. • If the pages did not fit in your folder then you are using the wrong folder! Your manual should be a white A4-sized folder with “Justices of the Peace Manual Ministerial Duties September 2008” on the front. If it is not, please email or phone the Federation office (04-918-8445) to ask for one. • If you wish to buy a new stamp with the new standard wording on it, that is your prerogative. However, you are under no obligation to do so. Remember, there is no prescribed wording for certifying copies. Is it a “true copy” if the original has been enlarged or reduced on a photocopier? In general, yes. Provided the detail of the item is clear on the copy then it is a true copy. However, there will always be examples which you may not think are appropriate: what if the copy is very old and purplish, made on an old photocopier in 1999 and badly faded? You would need to use your own judgement as to whether you could certify it as a true copy. Did you know? A person wanting to be a Justice of the Peace who has had a traffic-related conviction in the past must disclose it when applying – whereas if he or she was applying for a job at a supermarket the conviction would not have to be disclosed. This rule is contained in S19(3)(d) (ii) of the Criminal Records (Clean Slate) Act 2004, which you can see at www.legislation. govt.nz. (Put the name of the Act in the search box.) Page 9 E D U C AT I O N Page 9 WINTER 2013 Judicial functions and tasks In the previous issue we looked at the fact that judicial Justices of the Peace are those with extra training which allows them to “discharge … duties of a judicial nature vested in Justices” under S3B1 of the Justices of the Peace Act 1957. These Justices are listed on panels in nearly every association, and work in court when required to by the court services manager, on a roster organised by the JP association. Workloads are generally falling, with many Justices getting only a few hours in court a month. However, it is still very important that there is a pool of trained, willing, motivated and committed Justices ready to work in court. If you are interested in being a judicial Justice in future, let your association know. The most common types of hearing Justices preside over in court are: • remands - telling the person that they must come back to court for another hearing on a certain date at a certain time •bails – deciding whether or not a person may go home (with certain conditions) and come back to court on a certain date at a certain time, or whether they must stay in custody until their case comes before a judge •trials – hearing all the evidence from the prosecution and defence about what happened, and deciding whether the person is guilty or not guilty. This includes sentencing them, but only to a fine. Justices cannot preside over cases where the penalty might be a term of imprisonment. Examples of charges Justices would commonly hear are careless driving, driving without a licence, speeding, not wearing a seatbelt, and parking offences (where the person doesn’t want to pay their parking ticket and comes to court to defend it). Criminal Procedure Act 2011 You may have seen and heard about this new Act in the media recently. The Criminal Procedure Act 2011 (CPA) came into force on July 1 2013 – the length of time between the date of the Act and the date of its implementation gives some indication of how big an Act it is and how long it has taken to implement it. The Act itself totals 425 pages, of which about 200 pages contain amendments to other Acts! The process of drafting it and putting it through Parliament’s select committees has taken more than five years and there were several more years of work behind the scenes before it even came to Parliament. The last time the “how” of our court processes was set out afresh was in the Summary Proceedings Act 1957, so it was certainly becoming necessary to review it thoroughly. The CPA will not have much direct effect on the layperson or even Justice of the Peace, but it will have a significant effect on lawyers and police who work on cases in the criminal courts, and on court staff when there are criminal cases. The 350 Justices of the Peace who work in court will also notice some changes, most notably a big change which will happen next year – instead of writing their decision and any sentence on a piece of paper, they will choose from drop-down menus on a computer. Instead of signing the piece of paper, they will click on a button saying “authenticate”. The more things get simplified, the more jargon there is, it seems! The main point of the Act is to simplify the process of getting criminal cases through courts (at all levels) and thus to reduce waiting times and costs. The Act makes lawyers do more talking and deciding together what is wanted and what will be said in court before the actual court hearing, again to save time and cost. One of the biggest changes in the Act, that is also expected to reduce court time and effort, is that while a defendant may still choose between a jury trial and a judge-alone trial, it is now only if the charge he or she faces has a penalty of two years’ imprisonment or more. Previously the person could choose a jury trial if the charge had a penalty of three months’ imprisonment or more. E D U C AT I O N Page 10 10 Page IT’S TECHNOLOGY TIME! WINTER 2013 What is ‘social networking’? You have no doubt heard of the website Facebook and possibly Twitter, MySpace and Pinterest. These are websites that people join and get their own username and password. They get a page of their own and can write things there or put in pictures or videos for other people to see, or send out messages to other people from the website. There are hundreds of these websites, although only a few have become very popular – and the “most popular” one seems to change fairly often. There are always new ones starting up. You can see just a few in the picture to the right. The Federation is looking at ways that social networking might be useful for JPs – why not discuss this with other members of your association? Does a website know if I have been to it even if I didn’t log in? Yes. The people who have set up a website can receive reports on how many people visited, what countries they came from, what pages of the website they visited and so on. Computers have their own addresses called IP numbers, which show what country the computer is from as well as other information, and these are logged automatically by websites. This is how police find people who are using illegal websites such as child pornography sites. You may be interested to note that every text message sent is also logged by the cellphone provider. Text messages are said to number four billion a day in the United States, so must surely number somewhere in the tens of millions in New Zealand. The Federation website reports on aspects of users’ information to the webmaster, and it can be quite interesting. You can see below that as at early in May 2013, the 70,781 visits to the website came from five different countries, with the majority from New Zealand, of course. The “back” of the website also reports, not surprisingly, that 45% of visitors went to the Find a JP page first, and that of them 17% then left the website without looking at another page. This is a good reason to remember to update your contact details on the website any time they change – many people use the internet as their first port of call for information these days. Answers to the reverse dictionary quiz on P7: A Waive, B High seas, C Treason, D Writ Page 11 OPINION ‘Don’t mention the war . . .’ M any of you will remember the brilliant BBC television comedy series Fawlty Towers, starring consummate British comedian John Cleese as a hapless hotel proprietor. Despite his best intentions things never went according to plan – if indeed he had a plan to begin with. In one episode, when there were guests from Germany, Basil exhorted all his staff – particularly the Spanish waiter Manuel – to not “mention the war”. Unfortunately Basil wasn’t one to heed his own advice, and he was soon inadvertently making references to the war, leading to this exchange with one of the German guests: German guest: Will you stop talking about the war? Basil Fawlty: You started it! Guest: We did not start it! Fawlty: Yes you did, you invaded Poland! Such were the sensitivities of the time, the BBC did not permit the broadcasting of that programme in Germany for many years. But in a far more serious vein, most wars are certainly not forgotten, and are indeed “mentioned”, as witness the annual United States Memorial Day service, commemorated in New Zealand this year at Old St Paul’s Church, Wellington on Monday May 27. And in a fitting tribute to “the fallen” US ambassador to New Zealand and Samoa David Heubner quoted President Abraham Lincoln’s famous Gettysburg address, delivered on November 19 1863. The few hundred words that Lincoln spoke have resonated through the centuries and, you would think, are as relevant today as they were the day they were first spoken. Amongst them were the following: “It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced.” “Unfinished work” indeed and it is indeed fitting and appropriate that on Memorial Day the American nation and American citizens, no matter where they may be in the world, commemorate the sacrifice of those who have served their country – no matter where and when that service occurred. Just over 50 years later the British poet Laurence Binyon penned Trevor land and Allied forces, or died in conflicts and in peacekeeping words which are now said at many funerals throughout New Morley JP operations from the Anglo-Boer War (1899-1902) to the present Zealand – and indeed in many day . . . ”. Essentially, their aim other countries – as we honour is to cover all conflicts of the the fallen: 20th and 21st centuries in which “They shall not grow old, as New Zealanders were involved. we that are left grow old: So the starting point for the trust Age shall not weary them, nor is 1899, the last year of the 19th the years condemn. century, but since it is going to At the going down of the sun start off with the Boer War then and in the morning, that’s where it has to begin. We will remember them.” Now I have no problem with New Zealanders who died in the Boer Where’s this all leading to? War being included in the research of Well, I thought I would start off by the trust, but wait, there’s more, and contrasting the humour of Basil Fawldisturbingly so: there was another, ty’s request to his staff that they did earlier war, in which New Zealanders not mention the war lest they offend and Australians fought side by side, actheir German guests with President companied by combatants from a large Lincoln’s “mentioning” the American number of foreign countries, many of Civil War at Gettysburg in 1863 and whom were volunteers. Binyon’s eloquent words as the world One eminent historian claims that lurched into the Great War. thousands – yes, thousands – of these Here in New Zealand we are fast apcombatants (and civilians, and natives) proaching the centenary of the beginwere killed in this war (or series of ning of those Great War hostilities and wars) which lasted, generally speakthe Government is rightly sparing no ing, from 1840 through to about 1872 expense on the commemorations of (though some writers suggest that the that war, as well as the other armed last skirmish wasn’t until 1916). conflicts New Zealand has fought in Can you guess which armed conflict I ever since. Indeed, it is now accepted am referring to? both here and across the ditch in Australia, that the “spirit of Anzac” origiConsiderable efforts were made in nated on the beaches, gullies and hills Australia to recruit able-bodied men of Gallipoli. to fight in this war, to the extent that by the early 1860s, principally in VicBut hang on a minute, mate. Wasn’t toria, several thousand men had been there a war before Gallipoli that New recruited and shipped off to a foreign Zealanders fought in? Yes, there cercountry to fight a war with the native tainly was, and that is what we now inhabitants. refer to as the Anglo-Boer War 18991902, previously the Second Boer Still haven’t worked out which war/s War or the South African War – or I am referring to? Well, consider this. just the Boer War. Australians fought At the Anglesea barracks in Hobart, in this war just as New Zealand did, there is a monument, erected in 1850, but for some reason any collaborating to honour the soldiers of the British or “mateship” that might have existed 99th Regiment of Foot who were killed between the armed forces of our two during the New Zealand Wars. This countries on the veldts of South Africa memorial was the first war memorial did not materialise into the “spirit of built in Australia and to this day it is Anzac”. still the only memorial built by British soldiers in Australia to commemorate During my research for this article I their casualties. came across an organisation called the New Zealand War Graves Trust (the Yes – New Zealand was the foreign trust). It began in 2004 and its stated country these Australians volunteered aim is to “. . . photograph all the war to fight in, and whilst I do not know graves and primary memorials of New Zealanders who served with New Zea• Continued next page SALVO OPINION 4 5 6 6 11 12 13 14 SOLUTION 16 O L A U N E W Z E A L A N D E R 15 17 21 26 26 R E V O K E E N G A G E O W A O A P A W N B A L D R I C K 18 19 20 22 23 24 25 I T Y M O F R E E I A 10 9 A C L L O 8 O K L A H O M I P E T H E R E A A U 7 W A R R E N 3 E N N A 2 19 Employ 21 Chess piece 23 Blackadder’s sidekick 26 One of us (3,9) DOWN: 2 Set of tools 3 Mimic 4 Pocket money 5 Rocky mound 6 Inherently spiteful quality (4,6) 7 Spies 8 Cricket score 9 Arsonist 11 Wellington Hospital suburb 12 Pleasant 20 Signal agreement 22 Trouble 24 Operated 25 Prompt V I 1 13 Rabbits’ breeding ground 14 India’s smallest state 15 Large number 16 Stain 17 And so on 18 Annul • 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 [email protected] E S B L O T U R ACROSS: 1 Area where tornado left more than 20 dead in the US recently (8,4) 7 Intangible, heavenly 9 Gratis 10 Austrians call it Wien CROSSWORD duction: “By the middle of the nineteenth century, the very existence of European colonial settlement in New Zealand was under threat. With Queen Victoria’s British forces stretched thinly across the globe, the New Zealand colony had to look to its sister colonial states in Australia for support. This book shows how, for the first time in detail, the military, social and economic brotherhood later embodied in the notion of the Anzac spirit began not on the sandy beaches of Gallipoli but 50 years earlier in the damp forests and fields of the North Island of New Zealand…”. Lest we forget, indeed. G O A R N E T C how many died here I do not think it would be wrong to suggest that many hundreds of them are buried here. But those volunteers were not restricted to soldiers from Australia, as witness the actions of the Prussian Gustav von Tempsky, who at the time of his death in Taranaki was an inspector in the New Zealand Armed Constabulary (and was the instigator and subsequent leader of the Forest Rangers, who some say were the forerunners of our SAS.) What about Lance-Corporal George Richard Horspool (although he held a military rank he was a member of the No 2 Division of the Armed Constabulary) who hailed from far-off Connecticut in the US. Horspool joined up to fight in New Zealand at a Melbourne recruiting office on December 8 1868. He departed for Wellington the following day on the good ship Alhambra and was killed in action in a battle at Karaka on February 18 1869. So why is the trust ignoring the sacrifices made by New Zealanders in the New Zealand Wars? Why can we not memorialise their bravery? Why is there such scant mention of the New Zealand Wars on Anzac Day? Are we, as a nation, too ashamed to acknowledge our past? How many memorials, to either side, are there in New Zealand to commemorate seminal events in our nation’s history? Why should we not commemorate and remember “those who went before”? To support my argument that we should indeed remember and “celebrate” our past, no matter how uncomfortable that might be – and incidentally I note that the Americans seem to have no trouble at all in commemorating various battles and events of their Civil War, be they Union or Confederate – I recommend to readers the book Blood Brothers: The Anzac Genesis by the Australian historian Jeff Hopkins-Weise (Penguin Group, 2009). As Hopkins-Weise says in the intro- E E S L E W D T • From previous page S Page 12 Page 13 LETTER TO THE EDITOR We are not volunteers A s I write, I am looking at a large newspaper advertisement headed: “To our 8462 volunteer firefighters – thank you”. Beneath the photo of one such cheerful volunteer, readers are reminded that “This is National Volunteer Week”. I do not have more recent figures, but thanks to the then president of the Nelson Bays association I learned that in 2011 the work of volunteers in New Zealand equated to some 121,000 full-time equivalent workers, and contributed 1.5 million free hours to the community each week. The pay for that number of employees would have been around $14.4 million, or 8% of GDP. It’s not unusual to hear an almost plaintive cry at various JP gatherings that “We’re volunteers!” I disagree. Recently I happened upon Bob Armstrong’s President’s Page in Volume 70 No 3 of the Quarterly (September 2001). He preferred the term “unpaid appointees”. I agree. By definition, volunteers put their hands up to do something. In the JP context this is referred to as “self-nomination” and is frowned upon by associations, the Federation and the minister. It is likely (although I do not have data to support this view) that self-interest is tasks. I’m not aware of volunteers being so authorised. perhaps unwittingly supported by some MPs where association councils are not actively monitoring the need for more (or replacement) JPs and are not in dialogue with MPs, in both general and Maori seats. I am aware of how the Southland association carried out a review of its membership in 2012-13 and worked with the local MP to ensure better access to JPs by the community. Nomination by MPs of potential JPs who are supported by community organisations is just the start of the process. Interviews, police checks, provisional approval, initial and induction training, successful assessment performance, recommendation by the minister to the Governor-General, gazetting and swearing in . . . these are not required of volunteers. And JPs have statutory authority to undertake specific Having been sworn in, JPs do volunteer their time and provide services to the community without being paid. This has been custom and practice throughout history and is now included in clause eight of our Code of Conduct, in case we need reminding or a point of reference. This aspect of the service we provide is quite foreign to many of our clients, whose culture or experience in other countries is that you must recognise this type of assistance in a tangible way. An unscientific extrapolation of statistics obtained from Waikato JPs in November 2011 indicates that in that year, the association’s 600 JPs, in undertaking ministerial tasks, contributed over 21,000 hours of service to the community at no cost to the client or the taxpayer. Nationally, that could mean well over 250,000 hours. The message in any advertisement acknowledging JPs would be different from the one I mentioned above. Rather it would read something like this: “To the 7500 sworn Justices of the Peace who volunteer their time every day – thank you!” Graeme Kitto Vice-President A good time was had by all . . . Cheerful West Coast JPs after a recent training session in Greymouth: from left, Anthony Wilson, Tony Fortune, John Gilshnan, Trish Hird, Danielle Smith, John Torrance, Jeanette Oliver, Stewart Robertson, Andrea Forrest, Rae Smith, Maureen Truman and Federation national education officer Sarah Loftus. Page 14 FEATURE TIME TRAVEL Oamaru’s downtown Victorian Precinct features all sorts of attractions, with plenty of locals in period costume around to help you enjoy the visit. Justices attending Conference 2013 spent an hour exploring the area before drinks and entertainment by the Oamaru Operatic and Musical Society. Page 15 FEATURE ce ned Conferen ciety hosted and entertai So al sic Mu d an tic era The Oamaru Op cinct. skits in the Victorian Pre attendees with musical Page 16 200 CELEBRATING 200 STAY A LITTLE LONGER Hokianga Harbour A day trip around the Hokianga will give you a fantastic set of memories. Take SH1 north past Okaihau to the Horeke turnoff and travel along the southern edge of Hokianga Harbour through Horeke (which has the oldest operating pub in New Zealand) and on to the Mangungu Mission. Walk out on to the pier and experience the current in the harbour (a possible reason for the many references to drowning in the adjacent Mission Cemetery). Return to SH1, drive north to Mangamuka Bridge and turn left along the northern edge of the harbour to Kohukohu, a truly delightful little town where a short drive around the back streets offers much to enjoy. Here you can have lunch, or go two kilometres further to the ramp and take the car ferry across to Rawene for lunch at the famed Boatshed Cafe. Leave Rawene for Opononi (of dolphin fame), then drive along the shore to Omapere where traditional Kiwi baches still abound. As you go up the hill south of Omapere a quick turn to the right takes you out to the Hokianga Heads parking lot. Walk on excellent DoC tracks to the South Head and marvel at how those early traders took boats through the heads and over the bar; this is quite spectacular country. Contemplate the enormous sand dune which is the North Head. The same vista may be seen at harbours further north on the west coast, but Omapere is the most accessible. Further down SH12 is the great Tane Mahuta and the Waipoua forest, but you may choose to return to Paihia via Kaikohe, stopping at the Mission House in Waimate North. Or travel the East Coast (SH10) to Whangaroa Harbour, with the delightful Boyd Gallery and stockit-all shop, then a little further north to THE BICENTENNIAL CELEBRATION CONFERENCE UPDATE Registration forms, additional visitor guides and local information are being distributed at the regional conferences in August and September. We are on track to welcome 200 delegates celebrating 200 years and look forward to you joining us. A tour desk will be operating to assist with partners’ local options. Mangonui with great gift shops (and “the world’s best fish and chip shop” over the water), Coopers Beach, and for those with time, the Karikari peninsula (Tokerau Beach). Further north the incredibly white sands of Parengarenga Harbour await. A return journey to Paihia via SH1 from Awanui should include Kaitaia and a short trip out to delightful Ahipara at the bottom of 90 Mile Beach. Using SH10, the return journey might include the Rainbow Falls, on the Kerikeri River near Kerikeri. Tane Mahuta in Waipoua Forest – the world’s largest kauri, estimated to be between 1250 and 2500 years old. coastal route from Whangaroa where magnificent clifftop views can be had of the Cavalli Islands (where the Rainbow Warrior now lies) and a visit to the beautiful beaches of Tauranga Bay, Te Ngaere and Matauri Bay. The bus trip to Cape Reinga takes you on some of these roads and you may decide it is a better option. Of course you can drive your car to the Cape, right to the end of SH1 where there is a marvellous new interpretation centre. But you cannot take rental cars on 90 Mile Beach, and you may think twice about driving your own car up. The bus offers great views, sand dune tobogganing and an excellent commentary. You can take your own lunch. Experience suggests that you need about three days to make all the above trips, with replenishing stops such as the Makana Chocolate Factory and the Fudge Shop on Kerikeri Rd and an incredible array of cafes, restaurants and some fine wineries dotted all over the north to add to your enjoyment. However long you stay you will find there is something spellbinding for everyone. You will definitely want to return! For further information contact the Conference convenor: Joy Quigley, email [email protected] Page 17 CERTIFIED TRUE COPY OF A DOCUMENT PRESENTED TO ME AS AN ORIGINAL Signed EXHIBIT NOTE #1 Trodat 4911 (38mm x 14mm) Price: $24.75 Date This is the annexure marked “ “ referred to within the affidavit of Trodat 4926 (70mm x 35mm) and sworn/affirmed at this day of 20 Trodat 4922 (20mm) Max Smith Marriage Celebrant Price: $48.00 #6 Price: $29.20 Justice of the Peace for New Zealand before me Signature #2 M.S. Walker, JP #88888 WELLINGTON #5 Trodat 4922 (20mm) Price: $29.20 JP Number: #3 Trodat 4911 (38mm x 14mm) Certified true copy of a document presented to me as an original Price: $24.75 #7 Signed #4 Date Trodat 4911 (38mm x 14mm) Price: $24.75 Trodat 4926 (70mm x 35mm) M.S. Walker, JP #88888 WELLINGTON Justice of the Peace for New Zealand Wording for #3 / #4 /#7 Telephone 04 802 5471 Email [email protected] Mail your order with a cheque to Prestige Print, PO Box 9256, Wellington All prices include G.S.T. and the courier fees. Offers runs from July 1st 2013 - September 30th 2013 Delivery address Price: $48.00 Page 18 JUSTICES APPOINTED Steampunked! “If only I’d had one of these back on the farm” . . . President Greg Weake checks out one of the more unusual attractions in the Oamaru CBD during Conference 2013. 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Order from: THE REGISTRAR ROTORUA & DISTRICTS JP ASSN 3 WAITAWA PLACE ROTORUA 3010 $20 - POSTAGE INCLUDED Ayyub, Saleh, Auckland Baird, Dianne Elizabeth, Auckland Basher, Andrew James, Westport Bawden, John Harold, Hokianga Bell, Thelma Rose, Ashburton Belsham, Nigel James, Marton Callow, Walter Clive, Pleasant Point Coles, Wendy, Banks Peninsula Gregory-Hunt, Celine Margaret, Chatham Islands Harbinson, Gerald Paul, Auckland Hargest, James Buchanan, Invercargill Hunt, Peter Llewellyn, Napier Jones, Ronald, Auckland Leask, Duncan Atholl Ronald, Feilding Maurice, John Patrick, Kaikohe McLeod, Anthony Roscoe, Auckland Michalanney, Wikitoria, Waitara Morrow, Leigh Ann, Auckland Pannett, Robyn, Roxburgh Paranjape, Shirish, Christchurch Patel, Pramod Narsinh, Auckland Pou, Bridget Jane, Papamoa Puohotaua, Eugene Wiwi, Christchurch Rangihuna, Richard Robert, Gisborne Reading, Christopher Kemp, Wellington Reid, Warwick James Murdoch, Dunedin Rogers, David John Eruera, Stratford Simon, Noel Rajesh, Auckland Sims, Carolyn Lynda, Dunedin Singla, Narinder Kumar, Auckland Smith, Frances, New Plymouth Smith, Matekino, Hicks Bay Smith, Sandra Minna, Christchurch Sofaea, Teri, Auckland Stoddart, Marion Beryl, Porangahau Suisuiki, Anahila Lose, Auckland Turketo, Kiri, Auckland Weber, Beverly, Mangonui Williams, Duane Patrick, Wellington Woodward, Diane Joy, Darfield Dated at Wellington this 24th day of April 2013 Hon Chester Borrows Associate Minister of Justice NOTE: In the list above Mrs Anahila Lose Kanongata’a-Suisuiki’s name should have been gazetted in full. THE NZ JUSTICES’ QUARTERLY Published in Autumn, Winter, Spring and Summer Opinions expressed in this journal, whether editorially or by contributors, do not necessarily represent the views of the Royal Federation of New Zealand Justices’ Association (Inc). Contributions on matters affecting Justices and their associations are particularly welcome, but all contributions are subject to the discretion of the Editor. Contributors are requested to forward matter to the Editor, Geoff Davies 81 Warwick St, Wilton, Wellington, 6012, Phone 04-472-5566, email [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. 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