Except as provided in subsection (3), this Act shall come into force on 1 May 1982.
(3)
Sections 5 to 10, 12, 35, and 36 shall come into force for the purposes of the constitution of jury districts and the preparation of new jury lists, but only for those purposes, on 1 January 1982.
2-
Interpretation
In this Act, unless the context otherwise requires,—
chief executive means the chief executive of the Ministry of Justice
Chief Registrar of Electors means the Chief Registrar of Electors holding off
disability includes visual or aural impairment
intellectual disability has the same meaning as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
jury district means a district constituted under section 5
jury rules means the rules made under section 35
mental disorder, in relation to any person, means an abnormal state of mind (whether of a continuous or an intermittent nature) that is—
(a)
characterised by delusions, or disorders of mood or perception or volition or cognition; and
(b)
not induced by substance abuse; and
(c)
not simply due to the fact that the person has an intellectual disability
panel means a panel of jurors compiled under section 13
party includes, in criminal cases, the Crown or other prosecutor
prison has the same meaning as in section 3(1) of the Corrections Act 2004
probation officer has the same meaning as in section 2(1) of the Criminal Justice Act 1985
Registrar means a Registrar of the High Court; and includes a Deputy Registrar of that court; and, in relation to a jury district constituted under section 5(2), means the Registrar and a Deputy Registrar of the District Court in that district
traffic officer means an enforcement officer under the Land Transport Act 1998
trial includes, in civil cases, an inquiry or assessment of damages
view means a visual inspection by jurors of any place or premises, a view of which is considered by the court to be proper or necessary for the better understanding of the evidence that may be given at the trial before the jurors, or material to the proper determination of the question in dispute.
Compare: 1908 No 90 s 2; 1951 No 39 s 2(2); 1961 No 43 s 411(1); 1962 No 35 s 2(2)
Section 2 chief executive: inserted, on 30 July 2000, by section 3(1) of the Juries Amendment Act 2000 (2000 No 2).
Section 2 chief executive: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
Section 2 Chief Registrar of Electors: substituted, on 15 December 1994, by section 2(1) of the Juries Amendment Act 1994 (1994 No 152).
Section 2 disability: inserted, on 10 September 2008, by section 5(3) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 2 general electoral district and Maori electoral district: repealed, on 30 July 2000, by section 3(2) of the Juries Amendment Act 2000 (2000 No 2).
Section 2 intellectual disability: inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 2 mental disorder: inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 2 mentally disordered: repealed, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Section 2 penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2 physical disability: repealed, on 10 September 2008, by section 5(2) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 2 pre-release hostel: repealed, on 1 October 1985, by section 23(1) of the Penal Institutions Amendment Act 1985 (1985 No 123).
Section 2 prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2 probation officer: amended, on 1 October 1985, by section 150(1) of the Criminal Justice Act 1985 (1985 No 120).
Section 2 traffic officer: substituted, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).
Except as expressly provided in this Act, the provisions of this Act apply to all juries, whether for civil or criminal cases, and whether in the High Court or a District Court.
5-
Jury districts
(1)
For every city or town (in this section referred to as a court town) at which sittings of the High Court are held there shall be a jury district.
(2)
For every city or town (in this section also referred to as a court town) at which jury trials are held before a District Court there shall be a jury district (in this section referred to as a District Court jury district).
(3)
Except as provided in subsections (3A) and (4), every jury district shall include all places within 30 kilometres by the most practicable route from the courthouse in the court town in which jury trials may be held.
(3A)
The District Court jury district for Kaikohe includes all places within 45 kilometres by the most practicable route from the courthouse in Kaikohe.
(4)
Where, by virtue of subsection (3), or subsection (3) and subsection (3A), any place would be in 2 or more District Court jury districts, the boundaries of each such district shall be declared by the Governor-General, by notice in the Gazette given on the advice of the Minister of the Crown who is responsible for the Ministry of Justice, in such a way as to ensure that—
(a)
no place is included in 2 or more District Court jury districts; and
(b)
no place included in a District Court jury district for a court town is,—
(i)
in the case of Kaikohe, more than 45 kilometres by the most practicable route from the courthouse in Kaikohe; and
(ii)
in the case of any other court town, more than 30 kilometres by the most practicable route from the courthouse in that town.
(5)
In considering what advice he should give for the purposes of subsection (4) in respect of any place to which that subsection applies, the Minister of the Crown who is responsible for the Ministry of Justice shall have regard to—
(a)
the convenience of the residents in getting to and from a court for jury service; and
(b)
the principle in criminal cases that, so far as practicable, the jury should be drawn from the community in which the alleged offence occurred; and
(c)
the desirability of ensuring that, so far as practicable, the number of persons on the respective jury lists for different districts is roughly equal.
Compare: 1908 No 90 s 12; 1966 No 36 s 2(1); 1976 No 48 s 3
Section 5(3A): inserted, on 1 January 2002, by section 3(2) of the Juries Amendment Act 2001 (2001 No 69).
Section 5(4): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
Section 5(4): amended, on 1 January 2002, by section 3(3) of the Juries Amendment Act 2001 (2001 No 69).
Section 5(4): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
Section 5(4)(b): substituted, on 1 January 2002, by section 3(4) of the Juries Amendment Act 2001 (2001 No 69).
Section 5(5): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
Section 5(5): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
Every person who is currently registered as an elector in accordance with the Electoral Act 1993 is qualified and liable to serve as a juror upon all juries that may be impanelled for any trial within the jury district in which the person resides. This section is subject to sections 7 and 8.
Section 6: substituted, on 30 July 2000, by section 5 of the Juries Amendment Act 2000 (2000 No 2).
7-
Disqualification
The following persons are not qualified to serve on any jury in any court on any occasion:
(a)
any one who, at any time, has been sentenced to imprisonment for life or for a term of 3 years or more, or to preventive detention:
(b)
any one who, at any time within the preceding 5 years, has been sentenced to imprisonment for a term of 3 months or more, or to corrective training.
Compare: 1908 No 90 s 5; 1948 No 15 s 35; 1963 No 141 s 3
Section 7(b): amended, on 30 July 2000, by section 4 of the Juries Amendment Act 2000 (2000 No 2).
8-
Certain persons not to serve
The following persons shall not serve on any jury in any court on any occasion:
(aa)
the Governor-General:
(a)
members of the Executive Council of New Zealand:
(b)
members of the House of Representatives:
(c)
Judges of the High Court, Masters of the High Court, Judges of the Employment Court, Judges and Commissioners of the Maori Land Court, District Court Judges and Community Magistrates:
(d)
visiting Justices under the Corrections Act 2004, and members of the Parole Board:
(e)
Justices who have agreed to make themselves available from time to time to exercise the summary jurisdiction of District Courts:
(f)
lawyers within the meaning of the Lawyers and Conveyancers Act 2006:
(g)
employees of the Police, and traffic officers:
(h)
an employee of the Public Service who is employed—
(i)
in the Ministry of Justice; or
(ii)
in the Department of Corrections; or
(iii)
[Repealed]
(iv)
as an officer of the High Court or of a District Court; or
(haa)
employees of the Legal Services Agency continued by section 91 of the Legal Services Act 2000 (but nothing in this paragraph applies to members of—
(i)
the Board of that agency; or
(ii)
the Review Panel established under section 62 of that Act; or
(iii)
the Public Advisory Committee established under Part 7 of that Act):
(ha)
a party to a prison management contract entered into under section 198(1) of the Corrections Act 2004 or to a security contract entered into under section 166 of the Corrections Act 2004; or
(hb)
a security officer within the meaning of section 3(1) of the Corrections Act 2004:
(i)
[Repealed]
(j)
[Repealed]
(k)
persons with an intellectual disability.
Compare: 1908 No 90 s 6(1), (2); 1951 No 39 s 2(1); 1958 No 109 s 66(4); 1963 No 141 s 4(1)–(8); 1964 No 135 s 2(2)(c), (d); 1968 No 87 s 2(1); 1973 No 19 s 234(2)(d); 1974 No 133 s 50(2); 1976 No 48 s 2(1)–(3)
Section 8(aa): inserted, on 25 December 2008, by section 6(1) of the Juries Amendment Act 2008 (2008 No 40).
Section 8(c): amended, on 30 July 2000, by section 6(1) of the Juries Amendment Act 2000 (2000 No 2).
Section 8(c): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).
Section 8(d): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 8(d): amended, on 1 October 1985, by section 150(1) of the Criminal Justice Act 1985 (1985 No 120).
Section 8(f): substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).
Section 8(g): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 8(h): substituted, on 30 July 2000, by section 6(2) of the Juries Amendment Act 2000 (2000 No 2).
Section 8(h)(iii): repealed, on 1 October 2003, by section 12(2) of the State Sector Amendment Act 2003 (2003 No 41).
Section 8(haa): inserted, on 25 December 2008, by section 6(3) of the Juries Amendment Act 2008 (2008 No 40).
Section 8(ha): inserted, on 30 July 2000, by section 6(2) of the Juries Amendment Act 2000 (2000 No 2).
Section 8(ha): amended, on 8 December 2009, by section 8(2) of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).
Section 8(ha): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 8(hb): inserted, on 30 July 2000, by section 6(2) of the Juries Amendment Act 2000 (2000 No 2).
Section 8(hb): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 8(i): repealed, on 10 September 2008, by section 5(4) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 8(j): repealed, on 30 July 2000, by section 6(3) of the Juries Amendment Act 2000 (2000 No 2).
Section 8(k): added, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
Whenever the chief executive considers it expedient he or she may ask the Chief Registrar of Electors to prepare a jury list for 1 or more jury districts.
(2)
In relation to each jury list requested under subclause (1), the chief executive must advise the Chief Registrar of Electors of—
(a)
the number of names to be included in the jury list; and
(b)
the date by which the list is required.
(3)
The Chief Registrar of Electors must, for each jury district, prepare a jury list containing a random selection of the names of people who, according to the electoral roll, reside in the jury district and are registered as electors.
(4)
A jury list must not contain the name of any person—
(a)
who, according to the electoral roll, holds any office, or is engaged in any occupation, referred to in section 8:
(b)
in respect of whom a direction is in force under section 115 of the Electoral Act 1993 that his or her name, residence, and occupation not be published.
Section 9: substituted, on 30 July 2000, by section 7 of the Juries Amendment Act 2000 (2000 No 2).
10-
Jury lists sent to chief executive
The Chief Registrar of Electors must, within the time specified by the chief executive, forward a jury list for each jury district to the chief executive in accordance with the jury rules.
Section 10: substituted, on 30 July 2000, by section 7 of the Juries Amendment Act 2000 (2000 No 2).
11-
Currency of jury lists
A jury list remains current until it is replaced by a new list provided by the Chief Registrar of Electors under section 10.
Section 11: substituted, on 30 July 2000, by section 7 of the Juries Amendment Act 2000 (2000 No 2).
12-
Access to, and confidentiality of, jury lists
(1)
The chief executive must give the Registrar of the court to which a particular jury list relates a copy of, or access to, the jury list in a form that enables the Registrar to carry out his or her functions relating to the selection of juries.
(2)
The Registrar of a court to which a particular jury list relates must ensure that the jury list is kept confidential to—
(a)
the Registrar; and
(b)
the court registry staff.
(3)
The chief executive must ensure that jury lists forwarded to him or her under section 10 are kept confidential to—
(a)
the chief executive; and
(b)
staff of the Ministry of Justice who are authorised by the chief executive to have access to the lists.
(4)
A jury list may be disclosed by an order of the court or a Judge for the purpose of any proceedings relating to the validity of the jury list or a jury panel or to the eligibility of any juror.
Section 12: substituted, on 30 July 2000, by section 7 of the Juries Amendment Act 2000 (2000 No 2).
Section 12(2)(b): amended, on 25 December 2008, by section 7 of the Juries Amendment Act 2008 (2008 No 40).
Section 12(3)(b): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
12A
Registrar may amend jury list
(1)
The Registrar may at any time amend a jury list relating to his or her court by deleting from it the name of any person who is—
(a)
not qualified according to section 6; or
(b)
disqualified according to section 7; or
(c)
not to serve on any jury according to section 8; or
(d)
otherwise prevented or excused from serving on a jury by this Act or by order of a Judge; or
(da)
an applicant for deferral of jury service, under section 14B, whose application has been accepted but who has not yet been issued with a replacement summons under section 14C(1)(d); or
(e)
dead.
(2)
In exercising the power to amend the jury list, the Registrar may act on his or her own knowledge, or on such evidence as he or she considers satisfactory.
Section 12A: inserted, on 30 July 2000, by section 7 of the Juries Amendment Act 2000 (2000 No 2).
Section 12A(1)(da): inserted, on 25 December 2008, by section 8 of the Juries Amendment Act 2008 (2008 No 40).
13-
Summoning of jurors
(1)
Where jury trials are to be held in any court, the Registrar must compile a panel from the jury list, using the method determined in accordance with the jury rules, containing a sufficient number of jurors, and must summon those jurors to attend the court for the purposes of the trials.
(2)
The Registrar shall, before issuing any such summons, take all reasonable steps to ensure that the name of any person referred to in section 7 or section 8 is struck off the panel.
(3)
Every person who is summoned for jury service shall be liable to serve until the end of the week for which that person was summoned.
(4)
Every juror who is sworn to try a case that continues beyond the end of the week for which the juror was summoned shall be bound to continue to serve until the determination of the case or until lawfully discharged by the court.
Compare: 1908 No 90 ss 63–69, 95, 96, 100, 112–114; 1925 No 19 s 3; 1951 No 39 s 4(3); 1960 No 115 s 3(1); 1963 No 141 s 6(1); 1976 No 48 ss 5, 6; 1977 No 32 s 9(3)(a)
Section 13(1): substituted, on 30 July 2000, by section 8 of the Juries Amendment Act 2000 (2000 No 2).
The Registrar must comply with a request to make a copy of a panel available for inspection by or on behalf of an eligible person if the request is made—
(a)
by or on behalf of that eligible person; and
(b)
at a time not earlier than 7 days before the commencement of the week for which the jurors on the panel are summoned to attend for jury service.
(1A)
In subsection (1), eligible person means—
(a)
a barrister or solicitor acting for a party to proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service; or
(b)
a person who is a party to proceedings that are due to be heard during that week and who is not represented by a barrister or solicitor; or
(c)
the Crown or other prosecutor in criminal proceedings that are due to be heard during that week; or
(d)
a constable.
(2)
The court may allow any other person to inspect and copy a copy of the panel at any time during the period referred to in subsection (1).
(3)
[Repealed]
(4)
In this section the term days means days on which the office of the court is open for business.
Compare: 1908 No 90 ss 98, 99
Section 14(1): substituted, on 25 December 2008, by section 9(1) of the Juries Amendment Act 2008 (2008 No 40).
Section 14(1A): inserted, on 25 December 2008, by section 9(1) of the Juries Amendment Act 2008 (2008 No 40).
Section 14(1A) (d): amended, on 25 December 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 14(3): repealed, on 25 December 2008, by section 9(2) of the Juries Amendment Act 2008 (2008 No 40).
14A
Restrictions on use of jury panel
(1)
The purpose of this section is to help to prevent names or other information disclosed in a copy of the panel from being used to facilitate actions (for example, actions prejudicing a juror’s safety or security) to interfere with the performance of a juror’s duties.
(2)
A barrister or solicitor to whom a copy of the panel is made available under section 14(1) because the barrister or solicitor is acting for a party to criminal proceedings, and any person acting on behalf of that barrister or solicitor,—
(a)
may show the copy (the document) to a defendant in proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service; but
(b)
must not leave the document in the defendant’s possession; and
(c)
must not leave the document in the possession of any witness for either party; and
(d)
must not leave the document in the possession of any victim (within the meaning of section 4 of the Victims’ Rights Act 2002); and
(e)
must take all reasonable steps to ensure that the defendant, any witness, or any victim, as the case requires, does not copy the document.
(3)
A barrister or solicitor to whom a copy of the panel is made available under section 14(1) because the barrister or solicitor is acting for a party to civil proceedings, and any person acting on behalf of that barrister or solicitor,—
(a)
may show the copy or any copies of it (the document) to a party in proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service; but
(b)
must not leave the document in the party’s possession; and
(c)
must take all reasonable steps to ensure that the party does not copy the document.
(4)
Every person who, in connection with proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service, receives, or makes a copy or copies of, a copy of the panel must return the copy or copies to the Registrar or a member of the court registry staff as soon as practicable after the case is opened or the accused is given in charge.
(5)
However, subsection (4) does not apply to—
(a)
the Registrar or a member of the court registry staff; and
(b)
any other person if the court or a Judge, in the court’s or Judge’s discretion and on a written application for the purpose, orders that the other person need not return the copy or copies.
(6)
A breach of subsection (2), (3), or (4) may be dealt with as contempt of court.
Section 14A: inserted, on 25 December 2008, by section 10 of the Juries Amendment Act 2008 (2008 No 40).
15-
Registrar may excuse from jury service
(1)
If the Registrar is satisfied, on written application made to him by or on behalf of any person summoned to attend as a juror on any occasion, that, because of—
(a)
the nature of that person’s occupation or business, or of any special and pressing commitment arising in the course of that person’s occupation or business; or
(aa)
that person’s disability; or
(b)
that person’s state of health, or family commitments, or other personal circumstances,—
attendance on that occasion would cause or result in undue hardship or serious inconvenience to that person, or to any other person, or to the general public, the Registrar may excuse that person from attending on that occasion.
(2)
A person summoned to attend as a juror on any occasion shall, on application to the Registrar, be excused by the Registrar from attending on that occasion if that person—
(a)
is a practising member of a religious sect or order that holds service as a juror to be incompatible with its tenets; or
(aa)
is of or over the age of 65; or
(b)
has served, or (having been summoned) has attended for service, as a juror at any time within the preceding period of 2 years; or
(c)
has been excused from jury service for a period that has not yet expired.
(3)
In respect of any application under this section, the Registrar may require such evidence in support as he may reasonably think necessary to determine the application.
(4)
If the Registrar declines an application under this section, the applicant may, in accordance with the jury rules, appeal against that decision to the court before which he is summoned to appear.
Compare: 1908 No 90 s 96A; 1959 No 39 s 4(1)
Section 15(1)(aa): inserted, on 30 July 2000, by section 9(1) of the Juries Amendment Act 2000 (2000 No 2).
Section 15(1)(aa): amended, on 10 September 2008, by section 5(5) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 15(2)(aa): inserted, on 30 July 2000, by section 9(2) of the Juries Amendment Act 2000 (2000 No 2).
