Justices of the Peace

INFORMATION FOR PERSONS NOMINATED FOR APPOINTMENT AS A JUSTICE OF THE PEACE

The following is a brief outline of the duties and responsibilities of a Justice of the Peace.

In New Zealand, Justices of the Peace have no inherent jurisdiction and may exercise only those powers given to them by statute. Section 4 of the Justices of the Peace Act 1957 states that the functions and powers of Justices shall be-

1. To take oaths and declarations under the provisions of the Oaths and Declarations Act 1957 or any other enactment
2. To carry out such functions and exercise such powers as are conferred on Justices by the Summary Proceedings Act 1957 or by any other enactment.

There are many "other enactments" conferring functions and powers upon Justices. These functions and powers can be classified under two separate headings – Ministerial duties and Judicial duties.

Ministerial duties principally comprise:

1. The witnessing of documents
2. The taking of declarations
3. The swearing of affidavits or affirming affirmations
4. Receiving applications for the issuing of informations, complaints and summonses
5. Receiving applications for and the issuing of search warrants
6. Issuing of summonses to witnesses

All Justices are expected to undertake ministerial duties.

A manual for Justices of the Peace, Part I, entitled "Ministerial Duties" is issued to every newly appointed Justice.

A limited number of Justices of the Peace are required for judicial duties.

Judicial duties involve presiding in a District Court with jurisdiction in the following:

1. Summary trial of certain offences
2. Preliminary hearings of indictable offences
3. Hearing applications from accused persons for the granting of bail
4. Granting remands and adjournments
5. Minor traffic offences

In order to qualify for judicial duties it is necessary for a Justice to complete a "Judicial Studies Course" conducted by The Open Polytechnic of New Zealand (TOPNZ). Justices who enrol for this course and who preside in Court are issued with a Justice of the Peace Manual, Part II, entitled "Judicial Duties".

In a sense, the two classifications of duties overlap. The issuing of search warrants, informations and complaints are considered to be judicial functions and this is mentioned to stress that every Justice should make themselves thoroughly familiar with the responsibilities of these duties.

Note that under New Zealand law a Justice of the Peace is not a Marriage Celebrant.

There are certain exemptions for Justices wishing to undertake judicial duties. Employees of the Crown are exempt from judicial duties whilst they are so employed. Justices who have previously been employed as law enforcement officers are also exempt for a specific period after cessation of these duties.

Every Justice of the Peace appointed cannot exercise their jurisdiction until a District Court Judge has sworn them into office. Prior to their swearing in, Justices are required to undertake an induction training course provided by the local Justices of the Peace Association.