Fraudster principal still working as a JP

Martin Elliott leaves the Hamilton District Court with his wife, Viv, after pleading guilty to two fraud charges. Photo / Christine Cornege

Former Hamilton secondary school principal Martin Elliott is still advertising himself as a justice of the peace, three weeks after he was convicted on two fraud charges.

This has prompted another Waikato JP to threaten to resign from the role if Elliott doesn't quit. "If he doesn't resign, I will. I will consider it."

The man said other justices of the peace were watching the situation.

In January, Elliott, 59, pleaded guilty to two charges of taking or obtaining a document for pecuniary advantage.

On February 9, he was convicted and sentenced to 40 hours' community work.

But police have questioned a deal between Crown prosecutors and Elliott's lawyers which reduced the charges from 30 to two.

The charges related to alleged financial mismanagement at Fraser High School.

Elliott pleaded guilty to using school money to pay for work on a personal property, then hiding the fraud by asking the builder to invoice it as part of a school construction project being undertaken at the time.

At the time of the conviction, Elliott's lawyer, Mark Hammond, said his client's future as a JP, marriage celebrant, and teacher were at risk.

But as of yesterday, Elliott was still registered as a JP in the Bay of Plenty, where he now lives. He promotes himself as a JP on his Ceremonies with Class page on Facebook, where he lists himself as being a marriage, funeral, civil-union, naming, rite-of-passage and special events celebrant.

Elliott, when asked if he planned to resign the post, asked to be left alone. "Pick on somebody else," he said.

Waikato Association of JPs past-president Graeme Kitto said JPs who were also marriage celebrants were asked not to list their roles together on advertising material.

"If you have a business card as a marriage celebrant it's not appropriate to say you are a JP on that card. We have been strongly recommending to all JPs who are celebrants: don't get the two roles confused."

Mr Kitto said that when the charges were first laid, Elliott stepped aside as a JP until the case went to court.

Royal Federation of New Zealand Justices' Associations registrar Alan Hart said the association had "suggested" to Elliott following his conviction that he resign. "We can never ask somebody to resign, we don't have that authority. All we can do is say, 'Do you think it's compatible with your status?'."

He said removal of a JP was a convoluted process under the Justice of the Peace Act 2007, requiring the Minister of Justice to make recommendation for the action through the Ministry of Justice to the Governor-General.

The ministry's chief legal counsel Melanie Webb said the ministry had been made aware of Elliott's conviction and was investigating. Only one JP had been struck off since the 1957 act was amended five years ago.

JPs can be nominated for appointment only by a member of Parliament, and are people who have a high standing in the community.

In their code of conduct they must maintain the integrity and dignity of the office through ethical conduct, good example, high standards of citizenship, and by not acting in a manner which is unlawful or likely to bring disrepute to the office.

Meanwhile, Elliott is still listed as a director in two of the five companies in his name on the Companies Office Register. In two others he is listed as a ceased director and on another as struck off, as well as being listed as a disqualified director on the website.

People convicted on fraud charges are banned from being company directors for five years.

JPs' POWERS
* Signing urgent, out-of-court-hours police search warrants
* Witnessing signatures
* Certifying copies of original documents
* Witnessing land transfer documents
* Taking declarations, affidavits or affirmations