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Frequently Asked Questions

Canterbury JP Assoc —

Read on for our FAQs...

Now I am a Justice I can marry people!

No you can't! You have to be appointed by the Registrar of Birth, Deaths and Marriages and undergo a special course to be a marriage celebrant.

Newly appointed Justices, after being sworn-in, can then be called to serve on the bench in the District Court.

Once a Justice has been appointed and gained experience in this role, they can apply to the Canterbury Justice of the Peace Assn to undertake the Royal Federation Judicial Studies Course. Applications will be called for via the newsletter when appropriate.

Now that I have completed my Judicial course I can serve in Court.

Once a Justice has completed and passed the Royal Federation Judicial studies course they must undertake and pass a Practicum in Wellington, then they may serve in Court with another member of the Judicial Justice team.

Two Justices in Court have the same authority as a District Court Judge.

No! This is dependant on the charge and whether the Justices have Jurisdiction. A Judge has much wider jurisdiction to determine charges.

Justices have jurisdiction in Court over both civil and criminal proceedings.

Wrong! Justices only preside over criminal charges and do not have jurisdiction involving civil cases.

The appointment by the Governor General as a Justice of the Peace is similar to receiving an Honours award.

Unfortunately this is not the case. The appointment is not to bestow an Honour award but to recognise that the recipient is a person recognised as worthy of serving the community in this capacity.

Do all Justices of the Peace do the same things?

No. Many JPs through circumstances or inclination do not carry out all of the functions they are empowered to undertake. The following brief details may be of interest:

The total of 10,400 people formally described as Justices of the Peace includes:

  • Approximately 400 ex officio JPS e.g. District Court Judges, Mayors, territorial Authority Heads (ss 41(4) Local Government Act 2002), the Administrator of the Ross Dependency (ex officio appointments under the British Settlements Act 1887) and some others. 
  • Approximately 1,000 who reside in facilities where age and health precludes them effectively acting as a JP but they have not resigned (this has changed with the passing of the Justices of the Peace Amendment Act 2006) 
  • Approximately 1,000 are living overseas but for a variety of reasons including possibility of returning to NZ have not resigned 
  • Approximately 7,600 are members of one of our 29 affiliated associations 
  • Approximately 4,500 non-members still operate devoid of any ongoing training or support 
  • About 50 complaints are received by the of Justice and/or Royal Federation each year - 50% of those received relate to this last group. 
  • Approximately 418 have agreed to make themselves available from time to time to exercise the summary jurisdiction of District Courts (ss 8 e Juries Act wording) 
  • Approximately 1,000 members of associations have undertaken extra training and are on approved lists under a Memorandum Of Understanding with Police for issuance of Search Warrants (there will be a similar process for taking "Evidence At A Distance" under the Coroners Act once confirmed by the new Chief Coroner) 
  • An unknown number act as Nominated Witnesses under the CFS legislation where youths are interviewed by the Police 
  • The same is starting to occur under the Mental Health Act 
  • A small number (20 or so) who act under the Customs/Civil Aviation legislation in a similar capacity where passengers are subject to specific searching — this is mainly at Christchurch International Airport and also Palmerston North and Hamilton.
  • Some other small groups deal with requests under specific legislation.