Lawyers eye role of our corps of JPs

Comment by ALLAN SPENCE*

There has been much controversy over continued access to the Privy Council as our final court of appeal. However, do New Zealanders realise that an even older institution - our Justices of the Peace - is also under threat?

We have almost 10,000 JPs who give voluntarily of their time for many community services. They have two distinct areas of jurisdiction. The first is the ministerial role which every JP can exercise immediately upon being sworn in.

This includes the taking of affidavits, oaths and declarations, the signing of search warrants (where trained to do so), and the witnessing of documents.

A tremendous level of commitment is given by many of these fine citizens. Some sign up to about 500 documents a year and, of course, this service is entirely free.

The second area of jurisdiction is the judicial role. These are JPs specially trained to sit in the District Court to hear depositions, remands, bail applications, minor offences and traffic careless use and infringement offences.

There are about 400 judicial JPs. In the past year they have heard 10,621 depositions, 16,648 remand and bail applications, 21,116 infringement offences, and 3381 other traffic and minor offences - 51,766 separate charges. Collectively, JPs gave 24,000 free hours to these hearings.

No District Court judge wants to undertake these duties; they are fairly routine matters and nearly always matters of fact, not law. The cost alone would be prohibitive.

The figures demonstrate that although JPs might be the first step on the judicial ladder, without them the court system could not function.

Where does this threat to the future of JPs come from? There are three potential sources:

* Law Commission recommendations.

* The Government's updating of the 1957 Justices of the Peace Act.

* The legal profession.

The public still want community justice - of the people, for the people, by the people - in a relatively informal and non-confrontational environment; these are the issues they need to be aware of.

A Law Commission inquiry into the court and tribunal system was set up to recommend a more modern and suitable structure in which justice is more readily available and understood, where access to justice is not hindered by cost or formality, and in which the system reflects modern society more than the traditionally based British system.

Both the courts' clients and those participating in the administration of justice will be affected by the outcome of this inquiry.

Some in the legal profession believe only legally trained people should sit in the District Court. Indications from the Law Commission seem to support this.

JPs, however, strenuously disagree with this view on the basis that there are few successful appeals against their rulings and even fewer complaints against their conduct or decisions.

JPs have extensive training in the areas of jurisdiction in which they operate. All 29 associations run training courses on ministerial matters.

Judicial JPs have to complete an open polytechnic course and then attend regular seminars.

The Government has undertaken to update the Justices of the Peace Act, the source of JPs' authority. The insertion of a requirement for all JPs to have a renewable practising certificate will greatly assist in enforcing appropriate standards.

It is hoped the issues of training, membership, jurisdiction, the requirement for a practising certificate and sitting fees will be recognised in the new act.

Court-sitting JPs need to be paid a sitting fee. Some of these hearings, especially murder, drug and fraud cases, go on for several weeks. Consequently, it is increasingly difficult to roster JPs who are prepared to give voluntarily of their time for an extended period.

Younger people who may otherwise be available for recruitment as JPs can no longer take extended time off work, and nor can the self-employed afford to be absent. People are also retiring later, so there is no longer the pool of active but retired people to call on. A mandatory retirement age from the courts of 68 also puts a ceiling on the ability to use many trained JPs.

The main impediment to achieving maximum proficiency from all JPs is the voluntary nature of Justice of the Peace Association membership. Of the 10,000 JPs, only about 7500 are members of associations. While there is a requirement that all JPs undergo training, there is no statutory requirement to do so. Nor do associations have any statutory disciplinary procedures, unlike law societies, which have disciplinary tribunals. Matters of discipline can be exercised only by the Ministry of Justice.

JPs are appointed by the Governor-General on the recommendation of the Minister of Justice. They are nominated by local electorate MPs and, provided they pass various checks, are gazetted accordingly. The Government is committed to tightening the nomination process and ensuring that only suitable people from a range of ethnicities prepared to commit to this service are appointed.

New Zealand has been well served by dedicated and committed JPs in both ministerial and judicial roles for 189 years. They offer an expeditious community level of justice appropriate to the issues that come before them. With appropriate training, support and recognition they can continue to do so for a long time to come.

* Allan Spence is president of the Auckland Justices of the Peace Association.