quarterly - Royal Federation of New Zealand Justices` Associations
Transcription
quarterly - Royal Federation of New Zealand Justices` Associations
Justices’ QUARTERLY Landmark swearing-in Page 1 SPRING 2011 Volume 80 Number 3 FIAT JUSTITIA RUAT CAELUM Page 2 PRESIDENT’S PAGE 1 Regional conferences time I t has been the season of regional conferences. In attending them I have had the privilege of meeting many fellow JPs, registrars and presidents, and of hearing about association issues. I have also had the privilege of meeting with people who through their office are important to the ongoing work of the Federation. In this context I wish to record with sadness the passing of Chief District Court Judge Russell Johnson and express the sincere sympathy of the Federation and all Justices of the Peace to Mrs Johnson and their family. In attending regional conferences I have talked about the term “carpe diem”. Robin Williams, in the film Dead Poets Society, made carpe diem the most Googled Latin phrase on the internet. Carpe diem as usually translated means “seize the day”. The original Latin phrase “carpe diem, quam minimum credula postero” translated means “pluck/enjoy the day, trusting as little as possible in the future”. As Justices of the Peace, we are well able to seize the day. The Judicial Oath we take states that “I will do right to all manner of people after the laws and usages of New Zealand without fear or favour, affection or ill will”. That means we have sworn to keep the peace today to ensure that we will all have a future. As we have a future, we have had a proud past. Today’s Justices of the Peace were originally titled conservators, wardens, or keepers of the peace. It was not until 1361, in the reign of King Edward III, when a statute gave them the power of trying felonies, and then they acquired the more honourable title of Justices. The Act of 1361 provided, amongst other things, “That in every county of England there shall be assigned for the keeping of the peace, one lord and with him three or four of the most worthy of the county, with some learned in the law, and they shall have the power to restrain the Offenders, Rioters, and all other Barators, and to pursue, arrest, take and chastise them according to their Trespass or Offence”. The duties of those early Justices were many and onerous, and included supervising the accuracy of weights and measures, the seizing of wine sold for excessive prices, and assisting those whose homes were burned. Justices had great authority over the lives and liberties of those brought before them. The first appointment of a Justice in New Zealand was in 1814 when Governor Macquarie of New South Wales appointed the missionary Thomas Kendall as a Justice “in the Bay of Islands in New Zealand and throughout the islands of New Zealand and those immediately contiguous thereto”. In 1840, after New Zealand had become a British colony, the first regular appointments of Justices were made. The Royal Charter of 1840, which constituted New Zealand a Federation President Kevin Geddes separate colony, required the Government to include in the Legislative Council three senior Justices of the Peace. It is said that in the early days of colonisation Justices of the Peace were considered to be in some measure the representatives of the settlers, and indeed, in a number of districts, Justices identified themselves with the popular agitation for self-government. Today the Federation is the national body of the 29 affiliated Justices of the Peace associations. These cover all the geographic area of New Zealand. Total membership of these associations is currently some 7100 of the approximately 9000 Justices of the Peace appointed in New Zealand. In 1924 the various local associations then existing in New Zealand agreed to the formation of a national body, initially “The Federal Council of Honorary Justices’ Associations of New Zealand”. Following the change to “The Federation of New Zealand Justices’ Associations (Inc)” in 1927, letters patent were granted by the Queen in 1967. Hence the current title, the Royal Federation of New Zealand Justices’ Associations Inc. As we plan for the future, as modern day Justices of the Peace, it is important we understand our past, so we can plan with confidence where we go in the future. Education Trust Awards The Education Trust Awards have turned out to be a major success. The objectives of the Award are: • to encourage and reward the efforts and initiatives of association trainers. • to provide the Federation with training materials appropriate for use by all trainers. The eight entries received by the Education Trust were judged by the President, education convenor and national education of- ficer. The judges considered all eight entries were of sufficient standard to be used for training purposes. The winning entry was from Wendy Rowe and Peter Osborne from the Waikato association. This entry consisted of a DVD and accompanying training notes. The secondplaced entry came from Joy McDonald of the Central Otago branch of the Otago association. The judges considered this entry to be an attractive presentation using a variety of learning styles to illustrate the correct way to manage ministerial documents. The third award was given to Colin Davis from the Auckland association, for a very comprehensive judicial training guide that contained excellent flow charts to illustrate the progress of cases through the court system. Congratulations to all entrants: the judges awarded $100 to all entries to cover costs, $500 to the first-placed entry, $400 to second and $300 to third. Court panels Associations will be aware that the meeting of court rosterers scheduled for July 1 had to be cancelled because of ash disruption of flight schedules. In response to a direction from the Chief District Court Judge and the Manager for Courts, the Board has extended the responsibilities of the previous court panel rosterer by including: • oversight of an evaluation process for court panel members • oversight of a succession policy for court panels, ensuring that the members of the court panel are representative of the community • liaison with the court manager(s) • being responsible to the association for the oversight of the training of the court panel members. Regional conferences are giving associations the opportunity to debate issues surrounding the re-titled role of Court Panel Manager. Regional conferences to time of writing have been supportive of the proposed changes but have proposed that the title Judicial Panel Manager be used. Website The development of the Federation website is proceeding. The Board has received technical specifications for the complete rebuild of our website to bring it up to the standard of performance called for by our members and for the Federation to serve the needs of the general public. The Board has accepted a proposal from a Wellington-based company called Zeald. com to rebuild the website so it is better able to provide the public face of Justices of the Peace but also has the capacity to provide specialised electronic training to ministerial, warrant and judicial Justices. • Continued P3 SPRING 2011 Page 1 VOL 80 No: THREE EDITOR: GEOFF DAVIES JP Email: [email protected] Phone: 04-472-5566 Daisy Scott of Kawhia, a member of the Te Awamutu branch of the Waikato association, was sworn in recently wearing a magnificent cloak she made herself. From left, Bill Fullerton (immediate past president of the branch), Daisy, and Janet Livingston (president). Picture: TIMOTHY SCOTT Education Trust Awards 2 Far North’s 20th 4 Crossword 4 From the Registrar 5 Education 7-10 Salvo 11 Regional conferences 13 Hubbard inside back cover Appointments outside back cover Patron: His Excellency the Governor-General Rt Hon Lt Gen Sir Jerry Mateparae GNZM QSO President: Kevin Geddes JP Immediate Past President: Alison Thomson JP Vice-President: Greg Weake JP Northern Regional Representative: Graeme Kitto JP Auckland Regional Representative: Wallis Walker JP Central Regional Representative: Michelle Guy 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 L Making a difference esley Elliott, mother of murdered university student Sophie Elliott, was recently named Next magazine’s Woman of the Year for her impassioned efforts to change the country’s attitude towards abuse and violence within relationships. The judging panel, comprising Dame Catherine Tizard, Gareth Morgan and Next editor Sarah Henry, felt Lesley encompassed all the traits they were looking for in the Woman of the Year. Since forming the Sophie Elliott Foundation in a bid to address horrific rates of domestic abuse in New Zealand, Lesley has juggled her unpaid work for the foundation with her nursing job at Dunedin Public Hospital. Every week the 64-yearold travels around the country educating schools and community groups about signs of domestic violence. “Lesley has lived through every mother’s worst nightmare,” Ms Henry said. “Rather than let that destroy her, she has taken a stand to ensure her daughter’s death was not in vain. Lesley is the epitome of the Next Woman of the Year – a brave visionary who is making a difference.” NZ INTERNATIONAL TOUR COMPANY LTD Small Group Escorted* Tours & Cruises. Airfares Included! 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EDUCATION TRUST AWARDS Page 2 EDUCATION TRUST AWARDS Praise all round for training awards The winners of the inaugural Education Trust Awards were announced in the President’s column (inside front cover). National Education Officer SARAH LOFTUS has the full story . . . . T he chairman of the Justices of the Peace Education Trust, Federation President Kevin Geddes, has high praise for the winners of the new Awards. Judicial trainer Colin Davis received third prize for a judicial Justices’ court guide which could be used as an adjunct to the Ministry of Justice judicial manual and bench book. Sections of the guide could be used by trainers to review Justices’ knowledge of particular aspects of their court role. Colin commented that he and Selwyn Haworth, who did the colour layout, are very pleased with the final result and the positive feedback. “Coming third was the icing on the cake!” he said. “All the entries showed excellent effort and understanding of their chosen topic material,” he said. “Justices are very well served by their trainers, who all put in significant hours preparing learning activities and resources such as these.” The Awards were initiated by Trust board member Wallis Walker as a way for the Trust to fulfil its aim of supporting the training and education of Justices of the Peace. They are intended to reward and recognise the work of association trainers whilst encouraging trainers to develop resources that can be shared throughout the Federation for the use of all trainers. The winners were first, Wendy Rowe and Peter Osborne (Waikato); second Joy McDonald (Otago) and third Colin Davis (Auckland). Highly commended (in alphabetical order): Mary Burge (Rotorua and Districts); Rhys Morris (Hutt Valley and Districts); Rachael O’Grady (Gisborne); Martin Redwood (Hawke’s Bay); Jean Corbin Thomas and Alan Goddard (Central Districts). Some trainers have already used the guide at training sessions, and feedback received has included: “Judicial Justices met and went through the guide page by page. Everyone was delighted with it”; and “The colour layout is tremendous”. The other entries included a warrant training session, a PowerPoint for induction training, and activities and worksheets on topics including certifying copies and witnessing documents. Other entrants warmly praised the Awards scheme. From Gisborne trainer Rachael O’Grady: “As someone very new to the training role I entered my training material in the hope that other trainers would do the same. By doing so, the association would be able to gather a good amount of training material, that could be shared around all trainers and to encourage fresh ideas.” Rotorua’s Mary Burge said they are a great initiative: Federation President Kevin Geddes presents Waikato’s Peter Osborne with the top Award at the Northern region conference in Whangarei on August 27. The Awards (as personal cheques) were presented where possible to trainers at their respective regional conferences. Receiving his award at the Northern regional conference in Whangarei on August 27, joint winner Peter Osborne of Waikato paid tribute to the whole team involved in creating the resource. “The appointment of a training team in 2005 was an inspired move. This resource is one of the products of that development,” he said. The winning entry consisted of a DVD showing a “poorly-administered” and “well-administered” statutory declaration for comparison by a group of participants at a learning session, and supplementary material for a trainer to use in the session, including a set of cards showing the order of events when taking a statutory declaration. Awards entries were required to include feedback from JPs who had already used the resource, and feedback received for the Waikato entry included: “That was the simplest most straightforward explanation of a statutory declaration ever, well done”, and “a good opportunity to see someone else operate and measure my own performance”. Joy McDonald’s entry consisted of a whole evening’s review and discussion session on various JP topics under the heading Managing Change. The activities encourage JPs to review what they know about topics including passport applications, wills and marriage dissolution applications, and then ensure they are up to date with changes. Joy’s feedback from participants in sessions held in Cromwell, Alexandra and Wanaka included “easy to understand”, “well prepared, very knowledgeable in her answers”, and “relaxed training session”. “Sharing is what it’s all about – I’m so looking forward to having access to lots of ideas that have been tested by our Justices. Ultimately our clients are the ones who will benefit from us being upskilled.” Entries are being adjusted where necessary so that the material is in ready-todeliver formats which can be downloaded or printed from the Federation website. Many trainers put long hours into writing resources but these excellent activities will soon be ready for all trainers to share. Page 3 Rewarding our trainers The Education Trust Awards have been established to encourage and reward the efforts and initiatives of association trainers, and to provide the Federation with training materials appropriate for use by all trainers. Awards • The awards are known as the Education Trust Awards. • Awards are made to entrants personally. • The number of and the value of Award/s is the judges’ decision. • The Federation President will present award/s at the winner’/s’ regional conference/s (winner and conference organisers told in advance). Entries • Entries will be accepted from one or more than one trainer. • Where a winning entry is by more than one person, each person will be awarded an equal prize. • Entries are to be received by the Secretary of the Justices of the Peace Education Trust no later than a specified date each year (in 2011, this was June 1). • Entries may consist of a self-learning resource, one training session, a series of training sessions, a one-year training programme, a plan of a local initiative for training or any other resource or materials, and must have been developed by the entrant/s personally and include appropriate attributions. • Entrants agree upon entry to make their material available for use by other trainers. • Entries must be in a format appropriate for use by other trainers. • Entries must have been actually used by trainer/s and must include feedback from users or participants. • Where entrants’ training material is published or used by the Federation it will be fully attributed. Judging The judges will be the chairman of the Education Trust, the convenor of the education committee and the national education officer. Judging is to be completed by a specified date each year (in 2011 this was August1). The entries will be judged on the following criteria: • originality and initiative • relevance of learning outcomes • evidence of lasting value to members who took part • quality of feedback received from members who took part • quality/detail of presentation to judges • ease of use/appropriateness of entry for use by other trainers. Entry form headings A Name/names and association of trainer/s making the entry and to whom any award would be presented: B Contact details for contact regarding entry: C Brief description of entry: D Aims/planned learning outcomes/topics of entry: E Details of entry: F I/we agree to make our entry available for use by other association trainers. Signed . . . . . . . . . . . . . . . . . . . . Trainer for . . . . . . . . . . . . . . . . . . . . Justices of the Peace Association Regional conferences time • From inside front cover It is the intention of the Board to have all the Federation training materials available to members online in an interactive form, so JPs can not only read material, but test themselves through a question and answer facility. It is intended the website, apart from providing information to the general public, will become a resource for JPs in undertaking their duties and a training resource providing material to trainers and JPs alike. Design requirements are: • electronic promotion of the work of JPs • find a JP – search engine • email marketing facility – communication to all JPs • an import/export facility to keep website and JP database current • a refreshed design • up-to-date content management system • accessible support, online and via an 0800 number. • a search engine to find members online through a Google search. Ministerial training A recent inquiry from the Hutt Valley association was whether there is a requirement for ministerial Justices to receive ongoing training after they have been sworn in, under the Justice of the Peace Act 1957 and the 2007 Amendment. In a recent meeting, Associate Justice Minister Nathan Guy, who has responsibility for JPs, made it clear that it was his expectation that ongoing training was essential for JPs to perform their statutory functions. He undertook to issue a Ministerial Directive to this effect. At the same meeting the Minister stated that he was not prepared to approve any nomination presented to him that was outside the criteria for nomination of new JPs as laid down in the 2007 JP Best Practice Manual. This applies to the age of a nominee as well community support for the nomination. The issue of complaints about JPs was also raised with the Minister. Complaints range from trivial to very serious, where resignation is the only option. Most complaints can be managed by associations, although the Federation Registrar must be kept informed. When a complaint is made, doing nothing is never an option. The complaint must be managed sensitively and fairly. If there is one thing I have learned this year, it is that if a serious complaint is made against a JP, particularly where there may be media interest, the best course open for the JP is to voluntarily stand aside from all JP duties until the matter has been resolved. This course of action preserves the integrity of the office while a matter is investigated and an appropriate resolution reached. My year of office is proving to be challenging and stimulating, as I expected it to be. I am privileged to have a brilliant Board to serve with, and plenty of challenges and projects ahead. All of this is built on the work of previous Presidents and Boards, and a superb Registrar in Alan Hart. We are not just “carpe diem” people. We celebrate our past, live and work for the present but plan and manage for the future. Kevin Geddes AROUND NEW ZEALAND Page 4 NEWS Far North JPs celebrate Registrar ALAN HART reports from the Federation National Office FROM THE REGISTRAR Federation Past President Ian Knox, founding president of the Far North association, passed away after a heart attack on Saturday October 1. We extend our deepest sympathies to Beren and their family. The Quarterly will publish an obituary in a future issue. Nominations for office The Far North Justices of the Peace Association celebrated 20 years as an independent organisation on June 17. Thirty-six current JPs, partners and guests joined with four of the original committee members at the On the Waterfront Café in Whangaroa to reminisce and look forward. From left, the founding president, the late Ian Knox, founding committee members Dave Brocas, Anne Kitchen and Bob Banks, and guest speaker Mary Symmans. First president Ian Knox recalled how Far North JPs were required to travel to monthly evening meetings of the Northern assocation in Whangarei, more than two hours each way for some members. Repeated requests to alternate the meeting venue between Whangarei and Kaitaia were ignored, because the Whangarei delegates said it was too far to travel to Kaitaia! members could hope to be represented at regional and national conferences. Ian noted with satisfaction that the Far North had sent its full complement of delegates to every conference for 20 years. Northern Regional Representative, after which she went on to become the first woman Federation President and later one of the first community magistrates in New Zealand. The first elected officers were Judge David McKegg (patron) with Ian as president, and Bob Banks, Anne Kitchen, David Brocas, Mick Rodger, Jock Cribb, Michael Colebrook, Rex Faithfull and Ian Tate, the first four of whom were present on Friday night. Mary spoke of the value of community magistrates, noting that it was up to JPs to continue to expand their education to ensure their roles in the community and in the courts remained relevant. The guest speaker, Federation Past President Mary Symmans from Hamilton, was present at the first meeting, held on June 15 1991 in the Union Church Hall in Kaeo. She attended in her capacity as Another voice against the establishment of a separate Far North association came from the Auckland association, which did not believe that a small association of 100 Bob Banks closed out a very successful evening with several amusing anecdotes about how the Far North won its independence, including plotting the breakaway move while sitting on the steps of the Whangarei District Court at 10.30pm! Joy Quigley CROSSWORD 15 16 17 20 24 18 19 21 22 23 25 DOWN: 2 Provide weapons SOLUTION R E C I 14 S H A P 13 M I 12 R A B B L E R O U S E S R A E E D A M A S C U S M A R I I E E 11 Fundamental Looked like Large body of water Give and take mutually 7 Perceive as different 8 Saviour 10 Charges with an offence 11 Take place 19 Disconcert 21 Charged particle 23 Anger S T R I C T 10 3 4 5 6 S R I P S O A C 9 ACROSS: 1 Stirrer (6-6) 7 Syria’s capital 8 ---- Ellis, businessman and representative All Black and Kiwi 9 Rigorous 12 Slip 13 Tease 14 Decorated 15 ---- facto, by that very fact 16 Born as 17 Favours (with one’s presence) 18 A flower 20 Eye part 22 Like the spread of a tumour eg 24 Bandanna R I B A L N E E 8 6 T N I C E D N I 7 5 G R A C E S D A H L I A U T P B T I R I S I N V A S I V E 4 R E F 3 I 2 S O R S H A N D K E R C H 1 Page 5 A nomination form for Federation office has been forwarded to associations noting the relevant extracts from the constitution. Nominations must be received at the Federation office no later than November 1 2011. The nominee must countersign the nomination and his/her CV must accompany nominations for the office of regional representative. Formal nominations are required for the offices of President, Vice-President, and regional representative for the Northern, Auckland, Central, and Southern regions respectively. Conference 2012 Planning is now well under way for next year’s Conference, which will be held in Tauranga over March 2-4, and registration forms, together with associated information, have been sent to associations. Contact your association registrar for details. Remits and notices of motion from associations for the Conference must be received at the Federation office no later than November 1. CONFERENCE DRAFT TIMEFRAME FRIDAY The Board has considered at the length the responses to the survey conducted by the Vice-President after the last Conference and has agreed to trial a new format which while providing for the issues needing action under the constitution and/or the Incorporated Societies Act (now being reviewed) will provide for a greater involvement of all attendees. The draft timeframe follows (above) and all members are encouraged to consider attending, not just members of association executives. Learning Capacity n Membership n Non-membership n Recruitment n Distribution Keeping in Touch n Social n Luncheon n ? n Communication j via post j via email SATURDAY SUNDAY 9.00 Remits Worship 9.30Plenary session*** 10.00 10.30 Morning tea 11.00 Registration from Discussion groups time decided by BoP 11.30 “Something significant” 12.00Conference closes 12.30 Lunch (cost in registration)Lunch Lunch 1.00 Board meets (with BoP/N Otago Conference committees) 1.30 Speaker(s)** 2.00 Conference Discussion groups commences* continue 2.30 3.00 Motivational speaker 3.30 Afternoon tea Afternoon tea 4.00 Regional meetings •Presidents/registrars meetings 4.30 •Meet the NEO 5.00 5.30 6.00 Social time with Social time finger food 6.30 7.00 Meal •Installation of President •Entertainment 7.30 Official opening of Conference 8.00 8.30 9.00 Future Proofing Our ability to deliver a Quality JP Service n Ministerial Training n Ministerial KU2D n Ministerial Committee n Judicial Training n Jusicial KU2D n Judicial Committee n e-Learning Succession n Roles and responsibilities defined and documented n “Changing of the Guard” Regional conferences It has been a great pleasure to again meet with so many enthusiastic and dedicated JPs around the country. The time given freely should never be discounted and while much of the benefit lies in the better understanding of our roles and service voluntarily given to the public we should not dismiss the value of these events in relationship-building both locally and regionally. One of the interesting presentations at the Northern regional conference was by the Franklin association on their work in strengthening their association. This was, as some will recall, a topic for workshops at a number of Conferences especially in 2004 and it is rewarding to see the follow-through. Raj Thandi, registrar of the Franklin association, has kindly provided a schematic of their presentation which is reproduced at left. Page 6 New JP training As also promulgated at regional conferences, the compete revision of the Initial Training Module for those provisionally approved for appointment as JPs is almost ready to be submitted to the Secretary for Justice, as required for approval under section 3 of our Act. At a meeting with the Minister, Nathan Guy, we took pleasure in advising him of the progress being made and of the work in e-learning. At the same time we showed him the 1735 JP manual recently very kindly presented to us (to be covered separately in the Quarterly). We also recently obtained a copy of “The New Zealand Justice of the Peace, Resident Magistrate, Coroner and Constable” by Alexander J Johnston (1820-1888), 1870, printed and published by George Didsbury, of Wellington. This is the second edition; first published in 1864, this manual by a New Zealand Supreme Court Justice enjoyed two subsequent editions, the last in 1879. The first part is a treatise followed by an appendix containing The Component Parts of the Law of New Zealand, New Zealand Ordinances and Acts Affecting Justices and Resident Magistrates, The Criminal Law Consolidation Acts, Index to the Statute Law of New Zealand and Synoptical Tabular Index of the Unrepealed Legislation of the Several Provincial Councils of New Zealand. The next section is a collection of forms, which is followed by alphabetical digests of offences punishable by summary conviction and a description of indictable offences. Chief District Court Judge Justices will be well aware that Chief District Court Judge Russell Johnson died on July 24 after a short illness. To say we have lost a true friend and supporter of the work of Justices of the Peace would be an understatement. He was largely instrumental in the inclusion in our 2007 Amendment Act of the references to training for those JPs exercising a judicial role, and regularly spoke at Conferences and other JP events. Our deepest condolences have been conveyed to his family and we were represented at his funeral. Associations will no doubt appreciate that his death has a number of implications as to the rostering agreements – various emails have earlier advised of the references to be included at his request. We will also need to ascertain from his successor whether the judicial practicums are to continue in the initial format, or whether alternative approaches are required. It may be some time before we can advise further on this. Auckland Judge Jan Marie Doogue has been appointed the new Chief District NEWS Court Judge, and took up her appointment on September 1. Until recently Judge Doogue was the Northern Region Executive Judge, and is also an Alternate Environment Court judge. She was appointed a Family Court judge in 1994 and was warranted as a jury trial judge in 2007. From 1983 to 1992 she was a partner in two Auckland legal firms and in the two years immediately prior to her appointment to the District Court bench she practised as a barrister sole. In 2009 Judge Doogue served as president of the Commission of the Hague Private Law Conference (Child Support Convention). For a period in 2010 she was the Acting Chief District Court Judge, and we dealt with her then. New Secretary for Justice Andrew Bridgman has been appointed Chief Executive of the Ministry of Justice and Secretary for Justice, for a five yearterm from August 16. Mr Bridgman has been Acting Chief Executive of the ministry since June this year. He was previously Deputy Chief Executive at the Ministry of Health from 2007 and from August 2010 to January 2011, he was the Acting Chief Executive and Director-General of Health. Mr Bridgman has 20 years’ experience in the public service, seven of them as a senior manager in both the Ministry of Justice and the Ministry of Health. Before joining the Ministry of Health, from 2004 to 2007 Mr Bridgman was the Deputy Secretary Policy and Legal Group at the ministry. He was responsible for developing justice policy and advice to Ministers on matters relating to criminal justice and crime prevention, constitutional law, human rights, and public and commercial law. From 1997 to 2004 Mr Bridgman was the Group Manager Insolvency and Corporate Compliance in the Ministry of Economic Development. He was also Deputy Official Assignee for New Zealand and Deputy Registrar of Companies. From 1994 to 1997 he worked for the Ministry of Justice, after beginning his public service in 1991 as a senior solicitor in the Ministry of Maori Development. He was a solicitor in Rudd Watts and Stone (now Minter Ellison), from 1987 to 1991. Mr Bridgman graduated Bachelor of Laws from Victoria University. 2011 General Election The General Election and Referendum on the Voting System are to be held on Saturday November 26. Amongst the campaigning, media enthusiasm and voter interest, thousands of New Zealanders will be involved in making sure that the election runs smoothly. As in previous years, Justices of the Peace will play a critical role in ensuring the integrity and transparency of New Zealand’s electoral system. This election will be conducted by the new Electoral Commission established on October 1 2010, combining the functions of the old Electoral Commission and Chief Electoral Office. Electoral returning officers are currently contacting their local JP associations for names of members available to carry out the roles involved. The role of Justices in elections is important. Justices monitor the integrity of the election, particularly of the official count. The roles include observing hospital voting, the early count of the advance referendum votes and the Official Count. Your local returning officer may approach you to assist with the election process. Please note that while you are carrying out duties as a Justice you cannot be employed in another electoral role, for example as an issuing officer of advance votes. Justices are independent observers of the voting and counting processes. Your role is to observe these processes. If you should have concerns at any point, raise this with your returning officer as soon as possible. A Justice must accompany issuing teams visiting hospitals and rest homes, if scrutineers are not available. A Justice must also accompany issuing teams visiting voters at home. The Justice is there to ensure voter secrecy, and that rights of privacy and protection from influence are maintained. If required, you may assist a voter to complete a declaration. This should be the limit of your communication with the voter. Electorate headquarters must have a Justice present during the Official Count (after Election Day) to provide impartial observation. The General Election is one occasion when fees for services are applicable. Whilst not a true wage representing the hours worked, it is an acknowledgement of the important role of Justices in maintaining the integrity of the election. Full information about the role of Justices in the electoral process is available through your local association, from the Electoral Commission on 0800 36 76 56 or via the website on www.elections.org. nz. Items for sale See our advertisement on P12 . . . demand has been so great that further stocks of the new tie have had to be ordered! E D U C AT I O N Compiled by SARAH LOFTUS: [email protected] 04-918-8445 Page 7 ED9 SPRING 2011 ‘To know the road ahead, ask those coming back’ (Chinese) From the National Education Officer Tena koutou to all Justices of the Peace. In spring we enjoy the daffodils and other bulbs flowering, trees blossoming and new leaves forming. All that new growth seems to bring on clichés about the circle of life although I’ll refrain from repeating any here! But it’s true: one is often inspired to new things in spring and to making plans for the future to build on the efforts of the past. The Federation has plenty of plans afoot for the continuing education and updating of new and existing JPs. The new initial training module to complement association training provided to nominees is complete and awaiting the approv- al of the Secretary for Justice (per S3(2) Justices of the Peace Act 1957). Further interactive modules for existing JPs will be developed over the next few months. The Federation website will soon have a more user-friendly format and we hope you will go to it regularly to find news and documents. Trainers will have their own area of the website, to find and share education session outlines, resources and ideas. An informed and up-to-date Justice of the Peace is a more fully competent JP when unusual requests arise and we hope that all JPs enjoy having easier access to information and support. The Learning Centre French words and phrases in English: it’s surprising how much French we speak and hear around us without realising we’re using another language. Do you know these ones? Vol-au-vent: “flight in the wind” - a light pasty shaped so that it can contain fillings Crème brulee: “burnt cream” - a custard dessert with a hard caramelised sugar topping Avant garde: “ahead of the pack” - used figuratively in English to describe events, fashions, arts or individuals who are before their time or “cutting-edge” Dieu et mon droit: the motto of the British monarch - it translates directly as “God and my right”, and has been interpreted in different ways including “God and my lawful right [to rule]” and “God at my right hand”. Honi soit qui mal y pense: the motto of the English Order of the Garter - can be translated along the lines of “Shamed be he who thinks ill of it” or “Evil be to him who evil thinks”. Unusual words (don’t be tempted to turn to the dictionary page straight away!) Answers ED12 Epexegesis _____________________________________________________________________________________ Epenthesis _____________________________________________________________________________________ Epeirogeneny__________________________________________________________________________________ From the mouths of babes: “In last year’s school show John played one of the main prats. I played one of the smaller prats. This year I would like to play one of the bigger prats.” “… and at the end of the show we all sang ‘Away in a Manager’.” “Sometimes in the war they take prisoners and keep them as ostriches until the war is over. Some prisoners end up in constipation camps.” Page 8 ED10 E D U C AT I O N E D U C AT I O N SPRING 2011 JUSTICE OF THE PEACE ROLE What if a newly-appointed JP downloaded the Bible to an e-book . . . could their Judicial Oath and Oath of Allegiance be sworn on it? Many Quarterly readers will have seen or used a device called an e-reader or e-book, like a small thin laptop with just a screen, to which the text of books can be downloaded and read on the screen. There are several brands of these including Kindle and Kobo. S3 of the Oaths and Declarations Act 1957 sets out forms in which an oath may be administered, and provides a range of choices for taking an oath. It says in (a) that the person can hold a copy of the Bible, New Testament or Old Testament in their hand, and repeat the words of the oath; in (b) that the person can hold a copy of the Bible, New Testament or Old Testament in their hand and have the person administering the oath say something like “You swear by almighty God that…” and they say “I do” at the end; and in (c) that the oath “may be administered and taken in any manner which the person taking it may declare to be binding on him”. Then in S4 the Act allows that if a person does not want God mentioned, they may make an affirmation solemnly, sincerely and truly instead, and in S5 that even if they “swear by almighty God” but in fact have no religious belief, it does not affect the validity of their oath. These sections together therefore form a catch-all enactment whose meaning is that it is the intention to be bound by the oath that matters more than the form in which it is taken. It is interesting to note the use of “a copy of the Bible …” in S3(a). Normally, of course, there is a copy of the Bible in a courtroom, but any copy of the Bible in any translation or language, or any photocopy or handwritten copy and so on would suffice, according to S4. One has heard of people swearing oaths on what they thought was a Bible but was in fact a dictionary in a Bible’s cover rustled up by the registrar at the last minute! Whatever the intentions of the registrar, it’s clear the person’s intention to be bound by the oath would not be affected. So, putting it all together the simple answer is yes. If a person declares that swearing on an e-reader copy of the Bible is binding on him or her and it’s clear to that person and the person administering the oath that it’s the Bible showing on the screen, then it is. Is your pen ink permanent? Most ordinary ballpoint pens contain standard ink which actually stains paper and is generally considered permanent. Erasable pens, which contain a coloured rubber cement solution that simply sits on the surface of paper, have been around for some time but have been enjoying extra advertising and popularity recently. The rubber solution is soft enough to be rubbed off the paper as easily as pencil, usually with the end of the pen, which is designed for that purpose. The rubber solution hardens and after about 24 hours is not so easy to rub off without leaving a mark, but can still be rubbed off. You may already have one of these pens yourself, but if not you may be interested to look at them and try one out at a stationery shop so that you are familiar with what they look like and how they work. They may be very useful in various situations. However, a person wishing to fraudulently change a document or signature after it has been declared or witnessed could potentially do so if the writing was done with an erasable pen, even though if it ever came to examination a hidden imprint of the writing would likely still be there. Therefore Justices of the Peace should ensure they provide clients with an ordinary ballpoint pen for signatures. A client insisting on using a certain pen should be asked why, and the JP could ask to check the pen before signing takes place. JPs must not witness Property (Relationships) Act 1976 agreements The Property (Relationships) Act 1976 is mainly about how the property of married couples, civil union couples and couples who have lived in a de facto relationship is to be divided up when they separate or one of them dies. Part 6 of the Act provides that couples may “contract out” of the Act – in other words, if they want to they may make their own arrangements about how their property will be divided up if they separate or one of them dies. Contracts like these are commonly known as pre-nuptials or “pre-nups” because many couples make them before they marry or have a civil union or begin to live together as a couple as defined by the Act, although in fact such agreements can be made at any point in the relationship, including after the break-up. Justices of the Peace may witness most general written agreements made between people. However, an agreement between two people made under S21 of the Property (Relationships) Act 1976 must NOT be witnessed by a JP. The Act specifically states in S21F that such an agreement is void unless it complies with certain requirements, one of which is that the signature of each party to the agreement must be witnessed by a lawyer. Although as a JP you are not privy to the actual content of any document you are asked to witness, you must be prudent in checking what kind of document it is and whether you may in fact witness it. ‘Fair Go’ item on validity of birth certificates without ID numbers An item about birth certificates on the television programme Fair Go in early August caught the attention of many JPs. The item covered the fact that in 1998 birth certificates began to be issued with a unique identification number. Pre-1998 birth certificates do not contain such a number. However, this does not mean that all such birth certificates are invalid. It only means that if agencies specify that they want certain applicants to have that type of birth certificate, then the older birth certificates are not valid for that application, and those applicants must obtain one with a number if they want to proceed with the application. Inland Revenue was the agency on the programme. For new applications for their services, Inland Revenue only accepts birth certificates that have the unique identifying number, so if a person does not have that type of birth certificate they must get one (at a cost of $26.50). It is also possible to use a passport to apply for Inland Revenue services - for a person born in New Zealand a new passport application does not require any birth certificate at all (but it costs $153.30). Having said this, it is no more than general knowledge for JPs. Justices of the Peace are not Inland Revenue-appointed verifiers, so you will not be asked to process Inland Revenue applications requiring these particular birth certificates. If the question of birth certificate validity should come up with a client, have the client check in advance with the particular agency they are applying to which birth certificate it accepts. Notaries public for verification of United States documents Further to the paragraph “Using a notary public in New Zealand” on ED3 in the Autumn 2011 Quarterly, it has been brought to our attention that the United States embassy requires that only certain notaries public be used to verify documents for their attention. The list of approved notaries can be found at http://newzealand.usembassy.gov/ then by clicking on “Citizen services” at the top of the page, and “Professional services” from the drop-down list. Using JP after your name - reminder of 2010 guidelines Following one or two interesting examples received at the Federation office recently, it is timely to review the guidelines for the use of the letters JP after your name which were ratified at Conference 2010. Justices of the Peace are entitled to use the letters “JP” after their name, and it is proper for the letters to be inserted after royal honours at all times, but preceding academic, professional and other qualifications, e g John Smith MC QSO JP BCA Dip BS FBINZ AAMINZ. The criteria for use are based on the assumption that appointment to the office of Justice of the Peace indicates a sense of good judgement and a commitment to the integrity of the office on the part of the appointee. Although it is customary for the letters JP to be placed after the name of a Justice of the Peace, the propriety of doing so is limited to certain instances. There is a clear division in use between allowing the letters to appear after a name on company prospectuses etc, but not on letterheads of the same business, or even business cards. In a business setting, wherever possible, the letters should not be used on their own, so as to avoid the accusation of commercial influence. Acceptable use When signing as a Justice of the Peace: • correspondence • personal • private notepaper • social functions • election pamphlets and verbally for parliamentary and local body elections Page 9 ED11 SPRING 2011 • public company prospectus or annual report • professional business cards or letterheads where in addition to other honorifics, qualifications • personal visiting cards without business or similar information • on a gate plate (usually shown as “Justice of the Peace”) Unacceptable use • cheques • driving licences • commercial advertising • election billboards (parliamentary or local body) • business envelopes • personal matters not related to Justice of the Peace matters • where clearly intended to create a business or similar advantage • in email or fax addresses • by marriage/civil union celebrants • in letters to the editor of newspaper or magazine The overriding principle is that: No use should give the impression that the use of the letters “JP” is for the purpose of furthering trade, business or professional interests or of enhancing the status of the individual relative to his or her peers. Community services card applications certified copy requirements Another example of specified requirements for certified copies has surfaced: the Work and Income community services card application. Certified copies of identity documents must carry “the position (JP, Lawyer, Notary Public or Registrar of the Court), date the photocopy was made, address and telephone number of certifier, signature of certifier, and the words ‘This photocopy is a true copy of the original document which has not been altered in any way’ (or wording of similar effect)”. In spite of the last bracket, it would certainly seem prudent for JPs to use the exact words, given that the agency has taken the trouble to specify them. As a matter of course, check with clients whether or not they have received a “form guide” or similar, as such requirements are becoming more common and some agencies eagerly return documents not completed exactly as specified. Who can certify a copy? As you are aware, a Justice’s ability to undertake the act of certifying a copy as a true copy is not conferred by a particular law, compared, for example, with the authority to take declarations, which is specifically conferred on Justices of the Peace in S9(1)(b) of the Oaths and Declarations Act 1957. Certifying a copy as a true copy is clearly not taking a declaration, and although the two functions are frequent for many JPs, it is important not to confuse them. Authority to certify a copy is simply conferred by any agency, department or business on a nominated group or individual whom they trust to act as their “eyes” to look at documents in the original which that agency cannot see. PageED12 10 OPINION E D U C AT I O N Clearly a representative of the originator of the document (for example the university from which a degree actually came) is the first choice as the most acceptable person to attest that a copy is a true copy of an original, but that is not always possible. In the past, agencies all accepted Justices of the Peace and postmasters (among others) to do this task, as highly trusted and accessible members of the community. Now, since the demise of the local postmaster, it is more commonly JPs, notaries public, and registrars of the court who appear on the standard list. In recent years agencies have begun listing rather more specifically exactly who they will and won’t accept. Justices of the Peace are still nearly always on these lists. The Work and Income Application form list mentioned above is an example of an agency that does accept Justices of the Peace, but Inland Revenue (see the Fair Go item on ED10) is an example of an agency that does not accept Justices of the Peace, at least in that instance. An Australian form was received recently with a list of acceptable certifiers which ran to twenty different occupations, including chiropractor, vet and psychologist – and Justice of the Peace! This is entirely the prerogative of the agency. Principals of schools have been authorised to certify copies in some circumstances too. In earlier times, along with the postmaster, they were at the centre of the community and were often someone an entire small community knew and trusted. School principals are still sometimes listed as approved certifiers, but not often. Some principals have apparently had stamps made and have reached a point where they feel comfortable certifying and even witnessing all manner of documents. The Federation has received a few notes of concern about this. If the topic should arise in your community, mention that principals should operate under the same rule of thumb as Justices of the Peace – that is, be mindful of whether or not the agency requesting the certified copy will accept your signature. The following examples taken from agency websites all give similar messages. Physiotherapy Board of New Zealand: “Who may certify a copy? The issuing authority, an official such as a solicitor, notary public, Justice of the Peace or Commissioner for Oaths may certify a copy. Please see the attached list for those officials the Physiotherapy Board recognises in your country.” Australian High Commission: “Obtaining certified copies of documents: The Australian High Commission in Wellington and the Australian Consulate-General in Auckland can make certified copies of original documents. Some Authorities will only accept certified copies made by certain persons and it is your responsibility to ensure that the Authority to whom you are sending the documents will accept a certified copy made by an Australian mission.” New Zealand Police: “Can police officers certify copies of original documents, e g for immigration forms? Certified copies are copies that have been stamped and endorsed by a person who is able to certify the copy is a true copy of the original. The person who does the certifying must be an official of the issuing authority or a person authorised to certify those documents. Generally police don’t certify copies of original documents unless the certifying instructions list police.” SPRING 2011 Attachments and exhibit notes It is vitally important that all JPs review their understanding of exhibit notes on attachments to affidavits: refer to paragraph 5.4 of your manual. Affidavits are used in court as evidence and when there is a mistake a case may need to be adjourned, causing cost and delay for participants. If someone brings you an affidavit with an attachment you must write or stamp an exhibit note on each attachment and write a separate letter of the alphabet on each separate document, normally starting with A. If there is more than one document it is usual to use B, C and so on. The affidavit itself must refer to the documents and should have letters already allocated to the documents, so you will need to read the affidavit at least enough to find the letters, or have your client read the relevant sentences aloud. Examples: Affidavit says: “A copy of my timesheet is attached and marked A”. YOU WRITE: “A” at the top of the timesheet and “This is the document marked A referred to in the affidavit of _______ sworn/affirmed this __day of __ 2011” (or use your stamp). Affidavit says: “A copy of my medical certificate is attached and marked B”. YOU WRITE: “B” at the top of the medical certificate and “This is the document marked B referred to in the affidavit of _________ sworn/affirmed this __day of __ 2011” (or use your stamp). Citizenship: why does a mayor not sign a piece of paper at a citizenship ceremony the same as a JP does? When a JP does a private ceremony the JP is acting in an administrative role and signs the forms for the Department of Internal Affairs. The JP also takes the oath and because it is a private ceremony, signs to witness that it was taken, i e that the person took the oath out loud. When a mayor does a public ceremony Department of Internal Affairs or council staff complete the administrative role. When the mayor takes the oath in a public ceremony, there are multiple witnesses, i e people there who heard the person speak. Because of this there is no need for the mayor to sign anything. The key difference is that the mayoral ceremony is public and other people were there to witness the person taking the oath. Congratulations to students Congratulations to the following Justices who have completed the Judicial Studies Course at Open Polytechnic: Jan Bullen, Wanganui; Lovesatina Fleck, Hamilton; Clive Houston, Hamilton; Judith Nathan, Wellington; Stanley Saw, Auckland; Celia Smith, Nelson; Sheryl Sutherland, Christchurch; Trieste Te Awe Awe, Palmerston North; Saba Vallipuram, Wellington. Learning Centre quiz answers – Unusual words epexegesis: addition of words to make the meaning clear e g difficult to do epenthesis: insertion of a letter or sound within a word e g b in thimble epeirogenesis: (geol) process of Earth’s crust moving to make continents Source: Concise Oxford Dictionary Page 11 In the Court of Public Opinion Scene: A courtroom in the Court of Public Opinion at the Hall of Justice. particular event in the war in a straight way”. Registrar: All rise for his Honour, the senior Judge of the Court of Public Opinion, his Honour Sir Roger Reasonable! Let me emphasise those two words to you – “straight way”. There we have it, from Sir Peter Jackson himself: his philosophy, if you will, on how he perceives his film will indeed be, true to form. To the shuffling of feet and bodies rising Reasonable J enters the courtroom and takes his seat, and the assembled multitude sits. Lawyer: If it please your Honour I appear for the plaintiffs in this case who are, as you may be well aware, that body of good citizens known to all as “public opinion”. Reasonable J: And you are? Lawyer: I am Trevor Salvo, engaged by the plaintiffs to plead their case in this court. Reasonable J: Thank you Mr Salvo, you may proceed, but before doing so can you please enlighten the court who the defendant “S Fry (Esq)” is, as well as the identity of the co-defendant, Anor, presumably Mr Anor. Mr Salvo: Certainly. The defendant “S Fry” is of course the well-known raconteur, writer, and actor Stephen John Fry. I can now reveal that his co-defendant is not a “Mr” but is indeed a knight of the realm, one Sir Peter Robert Jackson, the well-known film director and producer. They face a joint charge of committing political correctness. Reasonable J: Quite. Proceed. Mr Salvo: Mr Fry and Sir Peter have been and still are, with numerous others, engaged on an enterprise to remake a 1954 film entitled The Dam Busters. Whilst Sir Peter may be better known, cinematographically speaking, for his “fantasy” films, it has been widely reported in the news media, going back some five years, that this remake will be “a fact-based World War 2 aviation drama” – and let me emphasise those words “fact-based” as they are at the very heart of this present matter. Sir Peter has also been quoted as saying that he does not want to “make a film that is judging and moralising the events” but rather he wants to “make a movie that is reflecting the values that existed in 1943”. He goes on to say that “we want to tell the story of that Trevor Morley JP Why, then, you might well ask, are we here? Well, we are here because of a word. Yes, a single word. To be precise, a six-letter word, containing two vowels, “e” and “i”; the letter “g”, twice; the first letter “n” and the last letter “r”. Together they comprise the word “Nigger”. SALVO The story behind why this one six-letter word has, in the year 2011, become so contentious may be well-known, but I will summarise it for the court. The leader of the original Dambusters air raid was Wing Commander Guy Gibson. Gibson had a black dog and named it Nigger. The dog was, by all accounts, Gibson’s almost constant companion. One of Gibson’s fellow pilots said of his superior: “He stuck to himself most of the time – him and his dog, Nigger.” So close were Gibson and Nigger that the dog’s name was chosen as the successful codeword to be transmitted when the dam that Gibson was bombing had been destroyed. As Barnes Wallis, inventor of the “bouncing bomb” that was used on the raids, recorded at the time, whilst waiting in the RAF operations room: “I was thinking it [the bomb] wasn’t going to work, when the very next call that came through was Nigger, and the dam had gone. It must have been a marvellous night for Gibson.” Marvellous indeed, but a night also no doubt tinged with immense sadness for Gibson. Why? Just before midnight the night before the raid took off Nigger had been run over and killed instantly on the road just outside the base. In a memoir Gibson said: “So I went back to my room on the eve of this adventure with my dog gone – the squadron mascot.” The next night, as the Lancaster bombers took off for Germany, Nigger was buried. In the 1954 film – upon which Sir Peter Jackson now wants to make his own “fact-based” film – there was, of course, a black dog called Nigger and his name was (correctly) used as the codeword for the successful destruction of one of the dams which was the focus of the raids. Recent broadcasts of the 1954 film on some US television networks have not deleted the name from the soundtrack. But Sir Peter’s remarks above were reported in the media in about 2006 – and a lot can happen in five years. Enter Stephen Fry, who has been engaged by Sir Peter as a writer for the new film, a project that Fry has been engaged upon for some years. As part of his research Fry met with some of the very few living participants from the 1943 raids and even went so far as to score a ride in a taxiing Lancaster bomber, the very aircraft which had destroyed one of the dams (the Eder). In 2008 the eminent British historian Max Arthur penned Dambuster: A Landmark Oral History, and lo and behold, who do we see as having written the foreword but Fry. The book contains numerous references to, and use of, the name Nigger and all, of course, in the correct context of either using it to describe Gibson’s dog or as the successful codeword for the destruction of one of the dams. Fry, in his foreword, waxes eloquent on the author’s attributes, describing him as having “more authority than a hundred other historians” and that his business “is the scrupulous sourcing, selection and presentation of written and spoken testimony and its presentation to us uncontaminated by dogma, doctrine or theory”. Fry goes on to comment that “the bomber crews of World War 2 suffered great attrition, but they suffered neglect and silence too”. More on that later. Fry ends his foreword by saying “What a story. And I do not believe that it has ever been better told.” Indeed. • Continued next page OPINION Page 12 • From previous page So where to now? As someone once said, to know where you are going you have to know where you have come from, and so it is, I suggest, with this now-despised word. In 1884 Mark Twain penned The Adventures of Huckleberry Finn, in the course of which story he used the word nigger no less than 215 times. Two hundred and fifteen! Now, of course, in these 2011 politically-correct times, someone has recommended that the book be republished, but this time with these 215 words excised and replaced with – wait for it – “slave”. How on earth anyone thinks these words are synonyms escapes me. And this is completely overlooking the use of patois - there was plenty of “dat” and “git” and “wuz” right throughout the whole book. In 1974, the great comedic film director Mel Brooks seemed to have no problem with using the word in his very funny film Blazing Saddles – nor do I recall any criticism of him for doing so. And as recently as August 21 this year I read the very word in our own Sunday Star-Times newspaper, albeit attributed to Norwegian mass murderer Anders Behring Breivik, with a claim that he used it when describing one of the survivors as a “f****** nigger”. Interesting, isn’t it, how sensitive the media is to the use of one word – the “f” word – to the extent that they only use the first letter, but they seem to have no problem in using the “n” word complete. But as Mark Twain himself said, “The difference between the right word and the almost right word is the difference between lightning and a lightning bug.” So here we have a situation when the word is virtually enshrined in the saga of the Dambusters raids, being not only the name of Gibson’s dog but also the codeword for success for at least part of the operation. Given Sir Peter Jackson’s claim to want to re-make the 1954 film as a “fact-based” film, and Stephen Fry’s high praise for Max Arthur’s book, one could have been forgiven for thinking that the continued use of the name – and let’s not forgot the part the word played in the actual operation – would have been a definite. Not so. Fry does not seem to have taken to heart his comment from his foreword to Arthur’s book where he said that the bomber crews of World War 2 “… suffered neglect and silence …” for he too now wishes to try and silence their history by removing the name from the script of Sir Peter’s film. And what does he propose to replace it with? Digger. Fry’s rationale for the change is, in part, that the retention of Nigger “… might offend Americans…”. Well, it didn’t seem to bother the US subscribers to the TCM (Turner Classic Movies) network when the original 1954 film screened on that channel some years ago – uncensored. I note that Fry hedges his bets with his “might offend Americans” statement. Pretty tenuous, if you ask me. REGIONAL CONFERENCES Perhaps Sir Peter’s funding for the film originates in the US. I wouldn’t be surprised if it did and that Fry’s decision – if it was, in fact, his decision – was prompted more by the dollars coming in than any angst likely to be created if the remake was shown in the US, true to history, and with the name fully included in the soundtrack. If Fry, Sir Peter Jackson and anyone else involved in making this film are so sensitive to the feelings of Americans who “might be offended” they could always make the film with two different soundtracks – one with Nigger in it for folks who want to see a film that will be historically accurate, and the other for those supposedly sensitive people in the US who can’t abide the word. Finally, I would point out that in the context of the 1954 film, in Max Arthur’s book, and in the whole context of the 1943 air raid on Germany, it was not once used in a pejorative or disparaging manner. Nigger was always used as the name of the dog or as a codeword for the success of the mission. It was never used toward or at a human being. The plaintiffs therefore seek a verdict of “Guilty” against the two defendants. • 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] JP MERCHANDISE NOW AVAILABLE Durable and stylish JP gate plates are available at $10 each including GST and P&P The Federation has a new tie in stock. This high-quality product costs only $25 including GST and P&P. Contact the Federation Registrar to get yours! P O Box 5005 Lambton Quay Wellington 6145 We have also produced a very attractive pen. They cost $5 including GST and P&P. Strong southern turnout Page 13 By Southern Regional Representative BILL SAXTON Pictures: NOEL LOWE THE Southern regional conference in Timaru on August 20-21 went very well, with excellent participation from all associations. We had 67 registrations and three Past Federation Presidents in attendance: Stan Hackwell, Bob White and John Falconer. The South Canterbury association under the leadership of Juliet Crawford were wonderful hosts and the great venue overlooking the sea on one side and the city and tennis courts on the other set the scene for a very pleasant couple of days. Timaru District councillor Tracy Tierney, representing Timaru mayor Janie Annear, addressed the delegates briefly and formally opened the conference. Rangitata MP Jo Goodhew spoke of her role in Parliament as the Government’s Junior Whip and various other aspects of parliamentary life, and how she juggles being a wife and mother with her parliamentary duties. The business part of the programme started with a short address from each association on aspects of their associations, aspirations, bouquets, brickbats and changes they might like to see. Basically all associations are working steadily towards getting members on email, looking at modern technology for training and other uses, and updating their constitutions. Gore was concerned with some selfpropelled appointments, and felt that voting for regional representatives should be handled before the annual Conference so in the event of a tie a further postal ballot would be held before Conference. This would mean making changes to the constitution. Otago was looking for ideas to get more members to training, even though they are already using carrots like a free stamp with name and number on it for turning up. They have a training team which travels to Central, North and South Otago and is exceptionally well received. North Otago wondered how to keep members’ interest up when the workload for many of them has dwindled. They also put forward the idea of biennial national and regional conferences in alternate years. This was discussed later, but did not receive support. South Canterbury and Ashburton are jogging along very well, with Canterbury doing Ashburton’s training. It was mentioned that perhaps a one-year for the Federation President was not enough, but because there was already provision in the constitution for that, and Kevin Geddes has indicated that he would stand for another year, no further action would be taken. Canterbury wondered about having more publicity for JPs, because some people still expected to pay for our services. Federation Registrar Alan Hart said that it was up to the individual associations to publicise themselves in their own areas and that there was plen- Rangitata MP Jo Goodhew addresses the conference, with (seated, from left) Past Federation President Bob White, Vice-President Greg Weake, President Kevin Geddes and Southern Regional Representative Bill Saxton looking on. Education Trust Award second placegetter Joy McDonald with her certificate, just presented by Kevin Geddes. ty of material in the form of brochures etc available. Canterbury also shared some interesting insights into the problems encountered in disaster situations. There has been no judicial work since February (there being no courts) and search warrants, insurance claims, citizenship ceremonies and other tasks are all aspects of JPs’ work that have increased markedly because of the Christchurch situation, compounded by a shortage of JPs in the eastern suburbs, as many have moved. This was a good participatory exercise and with the Federation President, Vice-President Greg Weake and Registrar there to answer questions, all the associations appeared to be reasonably happy. Judge Joanna Maze, who is new to South Canterbury, spoke very well, reinforcing our Oath, and encouraging high standards with good choices and training. She underscored her thoughts with apt one-liners such as “it’s quicker to get it right than explain why you got it wrong”, “prejudices are what fools use for reason” and “prejudices are time-savers that help form opinions without knowing the facts”. She also emphasised the importance of judicial JPs doing it properly and taking the time needed, to not be compromised by other people, and to listen well and think independently. Dennis Calleson, a JP who is general manager of tourism at Mt Cook, gave an interesting and at times amusing address on his life in the hotel trade, along with some anecdotes about being the only JP for 100km in any direction and Page 14 • From page 13 dealing with many nationalities. The evening was a very pleasant time, with good wine, good food and delightful singing. The only downside was the loss to South Africa in the rugby! Kevin Geddes opened the Sunday morning session and spoke about the new proposed rosterers’ scheme, the website revamp and dealing with complaints. He was followed by Alan Hart who used the three Rs of relevancy, relationships, and responsibility to emphasise our responsibilities. Greg Weake spoke briefly about revamping the website, which will become an important tool for information and training. After morning tea we broke into discussion groups in which the judicial group discussed the rostering paper and the ministerial group discussed Greg’s questionnaire on the national Conference and the changes proposed for the Tauranga Conference next year. Favourable comments were made about the changes and endorsements were given for the national and regional conferences to remain as annual events. Kevin led the discussion on his rostering paper and it attracted very favourable comment. He also presented Joy McDonald of Central Otago with her second prize in the Education Trust Awards. In closing, thanks again to Juliet and South Canterbury. They were excellent hosts! The Coast delegation with video link to Nelson REGIONAL CONFERENCES Central camaraderie By Central Regional Representative MICHELLE GUY The Central region’s annual pair of conferences were held in Palmerston North on Saturday August 6 and in Nelson the following Saturday. Palmerston North laid on one of its grey, moist days as 49 delegates met to discuss future initiatives for Justices of the Peace and to engage in group educational activities. The day began with a warm welcome and a huge bouquet of spring daffodils from Central Districts president George Sue. We took the opportunity to pay tribute to the late Chief District Court Judge Russell Johnson after which we united in a minute’s silence to honour the memory of a man who was greatly esteemed throughout New Zealand. Representatives of the Taranaki, Wanganui, Wellington and Hutt Valley associations all outlined their responses to the community call for neighbourhoodbased JP clinics. Some of the smaller associations were inspired by the success of the clinics already operating and could see the merits of having a suburban focus to meet community needs. Ministerial duties do not have to be performed in the home and JP service can be an integral part of a workforce or community. As the local Board member I was then able to brief the conference on the proposed format changes to Conference 2012. Many of the initiatives to alter the way Conference is scheduled have been collated from a questionnaire distrib- uted to 107 Justices by Vice-President Greg Weake. The registrars present were unequivocal in their need for at least a two-hour meeting at the national level. However, spending time with national education officer Sarah Loftus was an issue that associations can only resolve in relation to association budgets and trainer availability. Sarah will be present at Conference for those who want a private meeting. Federation President Kevin Geddes then introduced the new concept of Court Panel Managers, including a detailed profile of responsibilities within the role, a job description and association guidelines. There were some suggestions to follow, and possibly the most consistent view was that the title be amended to Judicial Panel Manager. It was felt that could easily be confusion with the Court Manager by using the title of Court Panel Manager. Many associations already have met the required guidelines and would simply keep the status quo within their judicial arrangement with the District Court. The feedback was pertinent and duly noted by Board members present. After lunch our guest speaker, Family Court lawyer Michelle Woods, shared with us her involvement with marriage dissolution in the Family Court system. She regularly appears in the Palmerston North Family Court as a lawyer for children in relation to their care and upbringing. The Family Proceedings Act of 1980 limits the court to granting a dissolution of marriage only when there is an irreconcilable breakdown between the parties. The parties are encouraged to reconcile if possible and marriage dissolution is viewed as the last alternative. I then presented a one-hour educational sequence on marriage dissolution. This PowerPoint presentation, which I formulated and which was compiled by fellow Central Districts council member Alan Goddard, took participants through the various modes of learning in an ideal teaching component. Visual stimuli engaged the audience in the opening sequence. Statistics and social commentary followed with the rounding-up of teaching points in relation to the forms themselves and common errors found in the documents filed in court. Actual scenarios provided the practical and social component when six teams of randomly selected delegates tackled the task of providing the best ministerial outcome from the case studies provided. The day finished at 3pm amidst goodwill and camaraderie over afternoon tea and fond farewells until 2012. Nelson hosts a first Saturday August 13 was glorious, and over 40 Justices of the Peace from the Nelson/Marlborough area attended with smiles and a willingness to participate. Our numbers were boosted further with a video link to the West Coast association where Stewart Robertson presided, resplendent in the presidential collar. After Nelson president Graeme Thomas opened the conference, we shared similar discussions to those in Palmerston North the previous week. It was heartening to have the smaller associations support the need for JP clinics in suburban areas. Some valid points were made around the community-based activities of youth, to which end a local college is planning to pilot a clinic to meet the ministerial needs of their pupils. Watch this space! Vice-President Greg Weake profiled Conference 2012 and the various small West Coast president Stewart Robertson with West Coast stalwart Mary Sturgeon on conference day REGIONAL CONFERENCES alterations that have occurred in the usual format. As in Palmerston North the association registrars were keen to have a meeting, possibly on the Friday morning. There will be further discussion on this at Board meetings. It was interesting that the smaller associations present declared they could not afford to send an educator to Conference. Federation President Kevin Geddes then reported on aspects of his positive meeting that week with Associate Justice Minister Nathan Guy. Amongst the subjects covered were the requirement of standing down when under investigation or involved in a formal complaint, a requirement for all Justices to be trained whether association members or not, and reinforcement of the Justices of the Peace Amendment Act of 2007 by ensuring nominated JPs fit the criteria for age, community service etc. The concept of Court Panel Managers was discussed with useful feedback. Judge Tony Zohrab gave an informative and enlightening talk on bail in New Zealand. A review document was circulated to the judiciary for feedback in April this year. The document consisted of a questionnaire and Judge Zohrab took everyone through the various considerations and possible outcomes to changing the bail laws. Page 15 To close the day, Carole Crawford, learner journey manager at the Nelson Marlborough Institute of Technology, presented a series of e-learning capabilities. We wound up for the day at 3pm, just as a chill wind was building in the south! Carole Crawford, learner journey manager at the Nelson Marlborough Institute of Technology, discusses e-learning capabilities. Top turnout in Whangarei By Northern Regional Representative GRAEME KITTO It is some time since the Northland association hosted the regional conference (and 20 years since it last hosted the Federation Conference) - not that those attending would have known! The conference was held at the Kingsgate Hotel in Whangarei over August 27-28, and the local team, very ably led by president Esme Connell, did a superb job in making arrangements (including the weather) and making us feel welcome. This conference is traditionally held from noon Saturday to noon Sunday, allowing time for travel and for interaction among attendees and partners. All nine associations in the region were represented, and Northland set a new standard with 25% of its members registered for at least one day of the conference. In addition, as is the practice, Auckland was also represented. After Whangarei mayor Morris Cut- forth welcomed everyone and opened the conference, Federation President Kevin Geddes told us about some of the matters the Federation is progressing at present. Applauding the number and quality of entries for the Education Trust Awards, Kevin presented certificates and cheques to Mary Burge (Rotorua and Districts) and to Peter Osborne (for the Waikato team). He will make a similar presentation to Rachael O’Grady at the Gisborne AGM in November. With all nine associations represented at the conference, eight by presidents, it was a good opportunity for Kevin to speak to his paper on the role and duties of association Judicial Panel Managers. Those familiar with the arrangements that have been in place for the past few years noted the differences in the expanded role of the proposed positions. Northern region JPs had been asked not Page 16 only to record all their activities during June and July in keeping with the new Code of Conduct, but also to send that information to registrars for collation, but sadly a number of members were not prepared to do this. The percentage of returns from members of associations ranged from 14 to 41. The one activity for which there is no statutory authority, certifying copies of documents, consistently recorded the highest volume of work! Some, but not all, of the nil returns were from Justices who had been travelling during this period, and a number of others recorded only one or two tasks undertaken during the two months. It was suggested that associations take this information into account when discussing with MPs the need for more JPs in particular areas. The topic of statistics was also used to introduce the idea of an association practising certificate, something that will be considered further at that level. Two sons of Northland addressed the conference on the first day. Through his presentation, local coroner Brandt Shortland ensured that everyone was familiar with the whole coronial process and the nature of the “new” coronial service. He emphasised the point that coroners are not pathologists and demonstrated how they work closely with both the police and doctors in dealing with the 20% of deaths that are referred to them. With this background, he also spoke about how JPs might be called on to assist a coroner under S91 of the Coroners Act 2006. The coroner was followed by Judge Greg Davis, after the conference stood in silence in memory of the late Chief District Court Judge Russell Johnson. The judge considered that the role of Unitec IT staff member Elizabeth Kitto introduced most of the conference to Moodle as one method of learning online. REGIONAL CONFERENCES JPs was as important as District Courts in being the face of the justice system in New Zealand. He acknowledged that through taking affidavits, issuing warrants and sitting in court, JPs helped ensure the smooth running of the system that can have so much impact on people’s lives. He volunteered to try and facilitate improved contact between judges and judicial JPs. Judge Davis also presented Joan Taylor with her Certificate of Completion of the Judicial Studies Course following her involvement in the practicum held in late March. Throughout the conference, each association briefly shared information about initiatives taken and/or successes enjoyed this year. Five reported on Saturday. The theme of Franklin’s contribution was future-proofing, considered under the headings of capacity, keeping in touch, learning and succession. Rotorua and Districts has instituted sub-committees to actively involve more newer/younger JPs with the intention of energising the membership – and there are already signs of this approach being effective. By supporting community events such as a recent hospice fundraiser, members and partners together aim to raise the profile of JPs. The Bay of Plenty association now runs 13 clinics and through sponsored radio broadcasts, the website and a dedicated phone number, it is easy for the public to know when and where they are operating. There is a growing camaraderie amongst those providing the service. Hauraki is establishing an education team with a co-ordinator and more involvement by the councillors who represent the different geographic areas. Efforts by the Gisborne association to establish branches in Wairoa and up the Page 17 coast are continuing. A register showing where JPs are during the day is being created to assist clients have their needs met promptly. The Sunday morning programme started by considering a collection of topics beginning with the letter C. These included community justice panels (a component of the Police Alternative Resolution Project that was initiated in Christchurch), clinics (which are appreciated by clients who do not wish to go to a JP’s home), complaints (with association procedures linked to the process contained in the Best Practice Manual), “co-operating” with MPs post-election (to share information and establish a relationship with new MPs) and Conference 2014, which will mark 200 years of JPs’ service in New Zealand. Some time was taken to explore interpretations of the “electronic-based learning methods” remit passed at the Invercargill Conference in March and the possible ramifications of some of these methods. Examples presented included that used by the Department of Conservation, segments of the Federation’s soon-to-be-available Introductory Training Module for inductees, and the increasingly widely used Moodle learning tool which was explained to the conference by Unitec IT staff member Elizabeth Kitto. A video on social media, especially Facebook, posed a number of questions for further consideration. The Waikato association sought support for a remit which is looking for acceptance by all parties of some basic principles that would ensure court cases were always assigned to the appropriate level of jurisdiction – judicial JPs, community magistrates and judges. Hauraki was the first of many associations to support the intent of this remit. The remaining associations reported on their initiatives/successes. The Far North celebrated 20 years of existence this year and is actively working towards making the 2014 Federation Conference a worthy celebration of our two centuries of service. Eastern Bay of Plenty also celebrated its first 20 years this year. As the conference closed, the Eastern Bay of Plenty invited all associations in the Northern region to assemble in Whakatane on August 25 2012 for another engaging and thought-provoking conference. Offer runs from September 1 2011 to November 30 2011 Wording for #3 or #4 # 5 Ideal #300 70mm x 34mm Please 3 $40.80 EXHIBIT NOTE This is the annexure marked “ inc. G.S.T. ” referred to within the Postal Address affidavit of and sworn/affirmed at this day of Signature 20 before me Page 18 JUSTICES APPOINTED 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. August-Jordan, Debra Anne, Christchurch Barr, John, Putaruru Bell, Margaret Anne, Christchurch Boyes, Yvonne Barbara, Ohope Clark, Ann Margaret, Wellington Cooper, Diane Clare, Gisborne French, Alan William, Christchurch Gilligan, Kenneth James, Napier Gillum, Walter Edward, New Plymouth Griffith, Margot Ann Phillips, Wellington Iliffe, Marjorie Francis, Tauranga Lim-Apiti, Leanne Ching Mei, Kawhia McDonald, Alexandrina Jane, Golden Bay McEvedy, Robyn Patricia, Christchurch McFadden, Grant Harper, Christchurch Moore, Nigel John, Gore Nand, Nirmala Devi, Palmerston North Oomen, Colin Peter, Te Puke Pascoe, Angela Margaret, Waihi Sawers, Ian Duncan, Methven Stewart, Linda, Christchurch Taiapa, Gabrielle Wairahi, Hamilton Williams, Peter Henry, Tauranga Wise, Stephen Mervyn, Ashburton Dated at Wellington this 31st day of May 2011 Nathan Guy Associate Minister of Justice Arti, Agnes, Auckland Back, William Albert, Auckland Belwarkar, Varsha, Auckland Brown-Birt, Patricia Susan, Kohukohu Cameron, Ian Charles, Havelock Coates, Alison Elizabeth, Auckland Cooper, Richard Ashley, Auckland Garg, Vipan Kumar, Auckland Graham, Elizabeth Helen, Hastings Higgins, Raewyn Jan, Tapawera Kentsley, Christopher Robert, Auckland Khan, Ayaaz Mohammed, Auckland Lui, David Kalolo, Auckland McCorkindale, Neil Malcolm, Auckland McLean, Tunuiarangi Rangi, Auckland Singh, Kumar Satyawan, Auckland Van Kuyk, Maria Petronella, Auckland Dated at Wellington this 28th day of June 2011 Nathan Guy Associate Minister of Justice Ammon, Mark Steven, Te Kuiti Arahanga-Epiha, Janice Ruby Marcia, Kaeo Bergin, Danielle Rachelle, Auckland Burger, Graham Andrew Anthony, Auckland Burgess, Daniel James, Nelson Burgoyne, Michael Martin, Awanui Dayal, Shiwa Sharda, Manukau Doggett, Mark Hayden, Invercargill Drake, Stephen Charles, Auckland Duggan, Kevin Thomas, Lower Hutt Duxfield, Anne-Marie, Auckland Farnsworth, Mark Christopher, Mangawhai Heads Fell-Smith, Audrey Ida, Nelson Franklin, Clarinda Evelyn, North Shore City Graham, Joy Karen May, Hastings Green, Pamela Alice Margaret, Auckland Howatson, Cecilia Joy, Stratford Hyland, Carolyn Ann, Taihape Jones, William, Riverton Kim, Rebecca Sunmi, Auckland Matthews, Robyn Michelle, Otorohanga McMichael, Ian James, Hamilton Millar, Catrina Scott, Lower Hutt Moyle, Gregory James, Auckland Park, Stanley, Auckland Pound, Gaelynne Therese, Nelson Prescott, Paul Mansell, Otorohanga Tan-Makhmalchi, Amelia, Auckland Thomas, James Allen Frederick, Morrinsville Tilby, Susan, Nelson Togiapoe, Tapuakimana, Manukau Va’aelua, Vagatai, Auckland Wing, Alistair Keith, Ashburton Withers, Gretta Christine, Otorohanga Dated at Wellington this 19th day of August 2011 Nathan Guy Associate Minister of Justice By Joyce Lloyd Colourfully illustrated – 130 pages A valuable resource for: • planning your wedding • marriage celebrants • giving as a gift The eleven services, optional readings, vows, ring ceremonies and conclusions are written by an experienced New Zealand Marriage Celebrant. Order from: THE REGISTRAR ROTORUA & DISTRICTS JP ASSN 3 WAITAWA PLACE ROTORUA 3010 $20 - POSTAGE INCLUDED 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. Numerous Quarterlies are returned marked “gone no address”, “Redirection order expired” “Deceased” or “Not a box holder on rural delivery”, etc. Published by the Royal Federation of New Zealand Justices’ Associations, typeset and designed by Word for Word, Titahi Bay, and printed by APN Print Wanganui (Ph 0800-111-500).