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Reprint as at 10 September 2008 Juries Act 1981 Public Act Date of assent 1981 No 23 3 September 1981 Contents Title Short Title and commencement Interpretation Act binds Crown Application Jury districts Jury service Qualiﬁcation and liability Disqualiﬁcation Certain persons not to serve Page 3 3 3 6 6 6 8 8 8 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice.
1 Juries Act 1981 Reprinted as at 10 September 2008 Jury lists and panels Preparation of jury lists Jury lists sent to chief executive Currency of jury lists Access to, and conﬁdentiality of, jury lists Registrar may amend jury list Summoning of jurors Inspection of jury panel Registrar may excuse from jury service Judge may excuse from jury service 9 10 11 12 12A 13 14 15 16 16AA Judge may discharge summons of person with disability 16A Judge may order removal of trial if no courtroom available Constitution of jury Jury to comprise 12 jurors Selection of jurors Constitution of jury Swearing of jurors Foreman Judge may discharge juror who is not disinterested Challenges Challenge of juror for want of qualiﬁcation Challenges without cause Challenges for cause Time for challenging Directions to stand by Views Court may order view [Repealed] Costs of view Miscellaneous provisions Payment of jurors Payment of fee for jury in civil cases Failure to attend Verdicts not affected by informalities District from which jury to be summoned for Court of Appeal Jury rules Transitional Repeals and savings Reprinted as at 10 September 2008 Juries Act 1981 Schedule Enactments repealed s 2 25 An Act to consolidate and reform the law relating to juries BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1 (1) (2) (3) 2 Short Title and commencement This Act may be cited as the Juries Act 1981.
Except as provided in subsection (3) of this section, this Act shall come into force on the 1st day of May 1982.

Sections 5 to 10, 12, 35, and 36 of this Act 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 the 1st day of January 1982.
Interpretation In this Act, unless the context otherwise requires,— chief executive means the chief executive of the Department for Courts chief executive: this deﬁnition was inserted, as from 30 July 2000, by section 3(1) Juries Amendment Act 2000 (2000 No 2).
chief registrar of electors means the Chief Registrar of Electors holding ofﬁce under section 21 of the Electoral Act 1993; and includes his or her deputy chief registrar of electors: this deﬁnition was substituted, as from 15 December 1994, by section 2(1) Juries Amendment Act 1994 (1994 No 152).
disability includes visual or aural impairment 3 s 2 Juries Act 1981 Reprinted as at 10 September 2008 district electoral General district[Repealed] General electoral district and Maori electoral district: these deﬁnitions were substituted, as from 15 December 1994, by section 2(1) Juries Amendment Act 1994 (1994 No 152).

and Maori electoral General electoral district and Maori electoral district: these deﬁnitions were repealed, as from 30 July 2000, by section 3(2) Juries Amendment Act 2000 (2000 No 2).
[Repealed] intellectual disability has the same meaning as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 intellectual disability: this deﬁnition was inserted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
jury district means a district constituted under section 5 of this Act jury rules means the rules made under section 35 of this Act: 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 not induced by substance abuse; and not simply due to the fact that the person has an intellectual disability.
(b) (c) mental disorder: this deﬁnition was inserted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).

mentally disordered[Repealed] mentally disordered: this deﬁnition was substituted, as from 15 December 1994, by section 2(2) Juries Amendment Act 1994 (1994 No 152).
mentally disordered: this deﬁnition was repealed, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).
[Repealed] Panel means a panel of jurors compiled under section 13 of this Act 4 Reprinted as at 10 September 2008 Juries Act 1981 s 2 in criminal cases, the Crown or other this deﬁnition was inserted, as from 1 June 2005, by section See clause 2 Corrections Act party includes, prosecutor penal institution[Repealed] penal institution: this deﬁnition was repealed, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50).

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
[Repealed] pre­release hostel[Repealed] pre­release hostel: this deﬁnition was repealed, as from 1 October 1985, by section 23(1) Penal Institutions Amendment Act 1985 (1985 No 123).

[Repealed] prison has the same meaning as in section 3(1) of the Corrections Act 2004. prison: 206 Corrections Act 2004 (2004 No 50).

Commencement Order 2005 (SR 2005/52).


probation ofﬁcer has the same meaning as in section 2(1) of the Criminal Justice Act 1985 probation ofﬁcer: this deﬁnition was amended, as from 1 October 1985, by section 150(1) Criminal Justice Act 1985 (1985 No 120) by substituting “section 2(1) of the Criminal Justice Act 1985” for “section 2(1) of the Criminal Justice Act 1954”.
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) of this Act, 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 trafﬁc ofﬁcer: this deﬁnition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
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) 5 s 3 Juries Act 1981 Reprinted as at 10 September 2008 inserted, on 10 September 2008, by section 5(3) of Section 2 disability: the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

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).
3 4 5 (1) (2) (3) Act binds Crown This Act binds the Crown.

Application 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.

Jury districts 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.
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).

Except as provided in subsections (3A) and (4) of this section, 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 Governor­General, by notice in the Gazette given on the advice of the Minister of the Crown who is responsible for the Department for Courts, in such a way as to ensure that— (a) No place is included in 2 or more District Court jury districts; and 6 Reprinted as at 10 September 2008 Juries Act 1981 s 5 (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 in the case of any other Court town, more than 30 kilometres by the most practicable route from the courthouse in that town.
(ii) (5) In considering what advice he should give for the purposes of subsection (4) of this section in respect of any place to which that subsection applies, the Minister of the Crown who is responsible for the Department for Courts shall have regard to— (a) The convenience of the residents in getting to and from a Court for jury service; and The principle in criminal cases that, so far as practic­ able, the jury should be drawn from the community in which the alleged offence occurred; and 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 (b) (c) Subsection (3) was amended, as from 1 January 2002, by section 3(1) Juries Amendment Act 2001 (2001 No 69) by substituting “subsection (3A) and (4)” for “subsection (4)”.

See section 5 of that Act for the transitional provisions relating to the validity of jury lists in existence before the commencement of that Act.

Subsection (3A) was inserted, as from 1 January 2002, by section 3(2) Juries Amendment Act 2001 (2001 No 69).
See section 5 of that Act for the transitional provisions relating to the validity of jury lists in existence before the commencement of that Act.

as from 1 October 1995, by section Subsection (4) was amended, 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting “Minister of the Crown who is responsible for the Department for Courts” for “Minister of Justice”.
Subsection (4) was amended, as from 1 January 2002, by section 3(3) Juries Amendment Act 2001 (2001 No 69) by substituting “, or subsection (3) and subsection (3A)” for “of this section”.

See section 5 of that Act for the transitional provisions relating to the validity of jury lists in existence before the commencement of that Act.

Subsection (4)(b) was substituted, as from 1 January 2002, by section 3(4) Juries Amendment Act 2001 (2001 No 69).
See section 5 of that Act 7 Part 6 s 6 Juries Act 1981 Reprinted as at 10 September 2008 for the transitional provisions relating to the validity of jury lists in existence before the commencement of that Act.

Subsection (5) was amended, as from 1 October 1995, by section 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting “Minister of the Crown who is responsible for the Department for Courts” for “Minister of Justice”.
Jury service Qualiﬁcation and liability Every person who is currently registered as an elector in ac­ cordance 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(b) was amended, as from 15 December 1994, by section 3 Juries Amendment Act 1994 (1994 No 152) by substituting “1993” for “1956”.
Section 6 was substituted, as from 30 July 2000, by section 5 Juries Amendment Act 2000 (2000 No 2).

See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commencement of that Act.
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 im­ prisonment 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 Paragraph (b) was amended, as from 30 July 2000, by section 4 Juries Amend­ ment Act 2000 (2000 No 2) by substituting “corrective training” for “borstal training”.

See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commencement of that Act.
Certain persons not to serve The following persons shall not serve on any jury in any Court on any occasion: (a) Members of the Executive Council of New Zealand: (b) Members of the House of Representatives: 6 7 8 8 Reprinted as at 10 September 2008 Juries Act 1981 Part 6 s 8 (c) Judges of the High Court, Masters of the High Court, Judges of the Employment Court, Judges and Commis­ sioners of the Maori Land Court, District Court Judges and Community Magistrates: (d) Visiting Justices under the Corrections Act 2004, and (e) (f) members of the Parole Board: Justices who have agreed to make themselves available from time to time to exercise the summary jurisdiction of District Courts: lawyers within the meaning of the Lawyers and Con­ veyancers Act 2006: (g) Members of the Police, and Trafﬁc Ofﬁcers: (h) an employee of the Public Service who is employed— (i) (ii) in the Ministry of Justice; or in the Department of Corrections; or (iii) as an ofﬁcer of the High Court or of a District Court; or (iv) (ha) (hb) a party to a management contract entered into under section 4A of the Penal Institutions Act 1954 or to a security contract entered into under section 166 of the Corrections Act 2004; or a security ofﬁcer within the meaning of section 3(1) of the Corrections Act 2004.
[Repealed] [Repealed] persons with an intellectual disability.

(i) (j) (k) 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) Paragraph (c) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by substituting “District Court Judges and Community Magistrates” for “and District Court Judges”.
Paragraph (c) was amended, as from 30 July 2000, by omitting “Judges and members of the Arbitration Court” and substituting the words “Masters of the High Court, Judges of the Employment Court” pursuant to section 6(1) Juries Amendment Act 2000 (2000 No 2).

See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commence­ ment of that Act.
Paragraph (d) was amended, as from 1 October 1985, by section 150(1) Crim­ inal Justice Act 1985 (1985 No 120) by substituting “Parole Board” for “Prisons Parole Board”.

9 Part 9 s 9 Juries Act 1981 Reprinted as at 10 September 2008 Paragraph (d) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “Corrections Act 2004” for “Penal Institutions Act 1954”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Section 8(f): substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Paragraph (h) was substituted, as from 30 July 2000, by section 6(2) Juries Amendment Act 2000 (2000 No 2).

Paragraph (ha) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting “section 166 of the Corrections Act 2004” for “section 36G of that Act”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Paragraph (hb) was amended, as from 1 June 2005, by section 206 Correc­ tions Act 2004 (2004 No 50) by substituting “section 3(1) of the Corrections Act 2004” for “section 2(1) of the Penal Institutions Act 1954”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Paragraph (h)(i) was substituted, as from 1 October 1995, by section 10(3) De­ partment of Justice (Restructuring) Act 1995 (1995 No 39).
Paragraph (h)(iii) was amended, as from 1 October 1985, by section 23(2) Penal Institutions Amendment Act 1985 (1985 No 123) by omitting “or pre­release hostel”.

Paragraph (h)(iii) was repealed, as from 1 October 2003, by section 12(2) State Sector Amendment Act 2003 (2003 No 41).

Paragraphs (ha) and (hb) were inserted, as from 30 July 2000, by section 6(2) Juries Amendment Act 2000 (2000 No 2).
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).

Paragraph (j) was repealed, as from 30 July 2000, by section 6(3) Juries Amend­ ment Act 2000 (2000 No 2).

Paragraph (k) was inserted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).

Jury lists and panels Preparation of jury lists 9 (1) Whenever the chief executive considers it expedient he or she may ask the Chief Registrar of Electors to prepare a jury list for one or more jury districts.
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 (2) 10 Reprinted as at 10 September 2008 Juries Act 1981 Part 9 s 11 (3) the date by which the list is required.
(b) 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) (b) who, according to the electoral roll, holds any ofﬁce, or is engaged in any occupation, referred to in section 8: in respect of whom a direction is in force under section 115 of the Electoral Act 1993 that his or her name, resi­ dence, and occupation not be published.
Compare: 1908 No 90 s 14; 1963 No 141 s 5 Subsection (3)(c) was amended , as from 15 December 1994, by section 4(1) Juries Amendment Act 1994 (1994 No 152) by substituting “section 115 of the Electoral Act 1993” for “section 62A of the Electoral Act 1956”.

Subsection (4) was amended, as from 15 December 1994, by section 4(2) Juries Amendment Act 1994 (1994 No 152) by inserting “postal address,”.

Sections 9 to 12 were substituted, as from 30 July 2000, by section 7 Juries Amendment Act 2000 (2000 No 2).
See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commence­ ment of that Act.

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.

Sections 9 to 12 were substituted, as from 30 July 2000, by section 7 Juries Amendment Act 2000 (2000 No 2).
See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commence­ ment of that Act.

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.

Sections 9 to 12 were substituted, as from 30 July 2000, by section 7 Juries Amendment Act 2000 (2000 No 2).
See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commence­ ment of that Act.
10 11 11 Part 9 s 12 Juries Act 1981 Reprinted as at 10 September 2008 12 (1) (2) (3) Access to, and conﬁdentiality of, jury lists 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.
The Registrar of a Court to which a particular jury list relates must ensure that the jury list is kept conﬁdential to— (a) (b) The chief executive must ensure that jury lists forwarded to him or her under section 10 are kept conﬁdential to— (a) (b) the chief executive; and staff of the Department for Courts who are authorised by the chief executive to have access to the lists.

the Registrar; and the Registrar’s staff.


(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.

Sections 9 to 12 were substituted, as from 30 July 2000, by section 7 Juries Amendment Act 2000 (2000 No 2).

See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commence­ ment of that Act.
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) (b) (c) (d) not qualiﬁed according to section 6; or disqualiﬁed according to section 7; or not to serve on any jury according to section 8; or otherwise prevented or excused from serving on a jury by this Act or by order of a Judge; or dead.
(e) 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 was inserted, as from 30 July 2000, by section 7 Juries Amendment Act 2000 (2000 No 2).

See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commencement of that Act.
(2) 12 Reprinted as at 10 September 2008 Juries Act 1981 Part 9 s 14 (2) Summoning of jurors 13 (1) Where jury trials are to be held in any Court, the Registrar must compile a panel from the jury list, using the method de­ termined in accordance with the jury rules, containing a suf­ ﬁcient number of jurors, and must summon those jurors to at­ tend the Court for the purposes of the trials.
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 of this Act is struck off the panel.

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.
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 63­69, 95, 96, 100, and 112­114; 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) (3) (4) Subsection (1) was substituted, as from 30 July 2000, by section 8 Juries Amendment Act 2000 (2000 No 2).

See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commence­ ment of that Act.
14 (1) (2) Inspection of jury panel If, at any time not earlier than 5 days before the commence­ ment of the week for which the jurors on a panel are summoned to attend for jury service, any party to proceedings that are due to be heard during that week (or any other person acting on be­ half of any such party) requests the Registrar to make available a copy of the panel for inspection and copying by or on behalf of that party, the Registrar shall comply with that request.
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) of this section.

(3) No copy of the panel that is made available to any person under this section shall disclose the date of birth of any of the persons whose names are on the panel.

13 Part 9 s 15 Juries Act 1981 Reprinted as at 10 September 2008 (4) 15 (1) 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 Registrar may excuse from jury service 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 Is of or over the age of 65; or (aa) (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 Has been excused from jury service for a period that has not yet expired.
(c) 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.

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 sum­ moned to appear.
Compare: 1908 No 90 s 96A; 1959 No 39 s 4(1) (3) (4) 14 Reprinted as at 10 September 2008 Juries Act 1981 Part 9 s 16AA 16 Subsection (1)(aa) was inserted, as from 30 July 2000, pursuant to section 9(1) Juries Amendment Act 2000 (2000 No 2).

See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commencement of that Act.
Section 15(1)(aa): amended, on 10 September 2008, by section 5(5) of the Dis­ ability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Subsection (2)(aa) was inserted, as from 30 July 2000, pursuant to section 9(2) Juries Amendment Act 2000 (2000 No 2).
Judge may excuse from jury service A Judge, on application made to him by or on behalf of any person summoned to attend as a juror on any occasion in the Court in which the Judge sits, may excuse that person from attending on that occasion— (a) On any ground on which the Registrar could have ex­ cused that person under section 15 of this Act, whether or not the Registrar had declined to excuse that person under that section: (b) Where the panel has been compiled in respect of 1 trial only, if the Judge is satisﬁed that the person is person­ ally concerned in the facts of the case, or is closely con­ nected with one of the parties or with one of the pro­ spective witnesses: If the Judge is satisﬁed that the person objects to jury service on grounds of conscience, whether or not of a religious character.
(c) Paragraph (a) was substituted, as from 17 December 1985, by section 2 Juries Amendment Act 1985 (1985 No 181).

16AA Judge may discharge summons of person with disability (1) On application in accordance with subsection (3), or on his or her own motion, a Judge may discharge the summons of a person if the Judge is satisﬁed that, because of disability, the person is not capable of acting effectively as a juror.
(2) A discharge may apply to the whole period for which the per­ son is summoned, or to a particular proceeding.

(3) An application under this section must be made— (a) before the jury is constituted; and 15 Part 9 s 16A Juries Act 1981 Reprinted as at 10 September 2008 (b) by the Registrar, or by a member of the Registrar’s staff who is involved in, or responsible for, the administra­ tion of juries.
(4) An application under this section must be heard in private, and the Judge may conduct the hearing and consider such evidence as he or she thinks ﬁt.

Section 16AA was inserted, as from 30 July 2000, by section 10 Juries Amend­ ment Act 2000 (2000 No 2).

Section 16AA heading: amended, on 10 September 2008, by section 5(6) of the Disability (United Nations Convention on the Rights of Persons with Disabil­ ities) Act 2008 (2008 No 64).
Section 16AA(1): amended, on 10 September 2008, by section 5(7) of the Dis­ ability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
16A Judge may order removal of trial if no courtroom available (1) Where a trial is to be held at any place within a jury district and the Judge before whom it is to be held is satisﬁed, at any time after the panel has been prepared in accordance with sec­ tion 13 of this Act, that no adequate courtroom is available at that place, he may order that the trial be held at some other convenient place, whether within or outside that jury district.
(2) Where, in any case to which subsection (1) of this section ap­ plies, the jurors have already been summoned, the Registrar shall issue fresh summonses unless the Judge considers that it would be impracticable to do so and instructs the Registrar accordingly.
(3) No person is required to attend for jury service at the new venue if that venue is outside the jury district and is,— (a) in the case of the District Court jury district for Kaikohe, more than 45 kilometres by the most practicable route from that person’s place of residence; or in the case of any other jury district, more than 30 kilo­ metres by the most practicable route from that person’s place of residence.
(b) Section 16A was inserted, as from 17 December 1982, by section 2 Juries Amendment Act 1982 (1982 No 174).

Subsection (3) was substituted, as from 1 January 2002, by section 4 Juries Amendment Act 2001 (2001 No 69).

See section 5 of that Act for the tran­ 16 Reprinted as at 10 September 2008 Juries Act 1981 Part 17 s 21 sitional provisions relating to the validity of jury lists in existence before the commencement of that Act.
Constitution of jury Jury to comprise 12 jurors Every jury shall comprise 12 jurors.

Compare: 1908 No 90 ss 61, 62; 1979 No 143 s 2(1) Selection of jurors Where any case is to be tried by a jury, the persons who are to comprise the jury must be selected in the precincts of the Court using the method determined in accordance with the jury rules.
Compare: 1908 No 90 s 102; 1963 No 141 s 6(1) Section 18 was substituted, as from 30 July 2000, by section 11 Juries Amend­ ment Act 2000 (2000 No 2).

See section 17 of that Act for transitional provisions relating to jury lists and panels in existence before the commencement of that Act.
Constitution of jury Subject to the powers of a Judge to discharge a juror under section 22 of this Act, the jury to try the case shall comprise the ﬁrst 12 persons selected under section 18 of this Act who remain after all proper challenges have been allowed.

Compare: 1908 No 90 s 103 Swearing of jurors After the jury is constituted but before the case is opened or the accused given in charge, the jurors shall be sworn in the form and manner prescribed by the jury rules.
Compare: 1908 No 90 ss 104, 105; 1976 No 48 s 7(1) Foreman After the jurors have been sworn but before the case is opened or the accused is given in charge, the jury shall retire to choose a foreman.
Compare: 1908 No 90 s 107A; 1961 No 62 s 2 17 Part 17 s 22 Juries Act 1981 Reprinted as at 10 September 2008 (b) 22 (1) Judge may discharge juror who is not disinterested The Judge may discharge a juror if, at any time after the jury is constituted but before the case is opened or the accused is given in charge, it is brought to the attention of the Judge that— (a) the juror is personally concerned with the facts of the case, or is closely connected with one of the parties or with one of the prospective witnesses; or the juror is not capable of acting effectively as a juror in the proceedings because of disability.
(1A) When considering whether to discharge a juror, the Judge may conduct the hearing, and may consider such evidence, as he or she thinks ﬁt.

If a juror is discharged under this section, the Judge may re­ quire a further juror to be selected from the panel and be sworn in accordance with sections 18 and 20.

The discharge of a juror and his replacement by another under this section shall not affect the election of a foreman, where that has already taken place.
The discharge of a juror under this section shall not affect his liability to serve on any other jury.

This section shall not limit or affect the powers of a Judge to discharge a juror or the jury under section 54B of the Judicature Act 1908 or section 374 of the Crimes Act 1961.

Subsection (1) was substituted, and subsections (1A) and (1B) were inserted, as from 30 July 2000, by section 12 Juries Amendment Act 2000 (2000 No 2).
(1B) (2) (3) (4) Section 22(1)(b): amended, on 10 September 2008, by section 5(8) of the Dis­ ability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Challenges Challenge of juror for want of qualiﬁcation If any person selected as a juror is— Not qualiﬁed according to section 6 of this Act; or (a) (b) Disqualiﬁed according to section 7 of this Act; or (c) Not to serve on any jury according to section 8 of this Act,— 23 18 Reprinted as at 10 September 2008 Juries Act 1981 Part 23 s 25 he may be challenged, and shall be discharged upon such chal­ lenge if the Court is satisﬁed of the fact.
Compare: 1908 No 90 s 115 24 (1) Challenges without cause Subject to the succeeding provisions of this section, in every case to be tried before a jury each of the parties shall be entitled to challenge without cause 6 jurors only.

(2) Where 2 or more accused persons in a criminal case are in­ dicted together, the Crown or other prosecutor shall be entitled to challenge without cause 12 jurors only.
(3) Where a juror is discharged and is to be replaced with another under section 22 of this Act, each of the parties shall be entitled in the selection of the new juror to exercise such number of challenges without cause as he has not already exercised.
Compare: 1908 No 90 ss 121­123, 125 25 (1) (2) (3) Challenges for cause In addition to the right to challenge under sections 23 and 24, each party to the proceedings is entitled to any number of chal­ lenges for cause on the ground that— (a) (b) a juror is not indifferent between the parties; or a juror is not capable of acting effectively as a juror in the proceedings because of disability.

Except as provided in section 23 of this Act, no other ground of challenge for cause shall be allowed.
The Judge shall determine every challenge for cause in private, in such manner and on such evidence as he thinks ﬁt.

Compare: 1961 No 43 s 363(1)­(5) Subsection (1) was substituted, as from 30 July 2000, by section 13 Juries Amendment Act 2000 (2000 No 2).

Section 25(1)(b): amended, on 10 September 2008, by section 5(9) of the Dis­ ability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Subsection (3) was amended, as from 17 December 1985, by section 3 Juries Amendment Act 1985 (1985 No 181) by substituting “private” for “chambers”.

19 Part 23 s 26 Juries Act 1981 Reprinted as at 10 September 2008 26 27 (1) Time for challenging Every challenge shall be made before the juror takes a seat.
Compare: 1908 No 90 s 126 Directions to stand by In a criminal case, the Judge, on an application made to him by the Crown or other prosecutor with the consent of the accused person or any of the accused persons, or by the accused person or any of the accused persons with the consent of the Crown or other prosecutor, shall direct any number of jurors to stand by until all the jurors have been called who are available for the purpose of trying that indictment.
(2) Notwithstanding subsection (1) of this section, a Judge of his own motion may give a direction under that subsection where he is satisﬁed that it is in the interests of justice to do so.

Compare: 1966 No 43 s 363(7) Views Court may order view [Repealed] Section 28 was repealed, as from 1 August 2007, by section 215 Evidence Act 2006 (2006 No 69).

See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).
Costs of view In any civil case, the party obtaining the order for a view shall deposit with the Registrar a sum ﬁxed in accordance with the jury rules for the payment of the expenses of the view.

If the sum ﬁxed is more than sufﬁcient to pay those expenses, the surplus shall be refunded to the party who obtained the order.

If there is a deﬁciency, it shall be made up by that party.
Compare: 1908 No 90 ss 134­136 Miscellaneous provisions Payment of jurors Every juror who attends the Court when duly summoned shall be entitled to such fees and expenses by way of compensation 28 29 (1) (2) (3) 30 20 Reprinted as at 10 September 2008 Juries Act 1981 Part 30 s 32 31 32 (1) as may be prescribed by the jury rules in respect of each day when the juror is required to attend and does attend, including attendance at a view.
Compare: 1908 No 90 ss 157, 158; 1919 No 4 s 2 Payment of fee for jury in civil cases Where any party in a civil case requires a jury, that party shall pay to the Registrar, for every day or part of a day on which the jury serves, a fee prescribed by the jury rules.
Compare: 1908 No 90 s 159; 1959 No 69 s 2(1); 1977 No 32 s 9(3)(c) Failure to attend Subject to subsection (2) of this section, where any person who is summoned to attend and serve as a juror— (a) Fails without reasonable excuse to attend for service as required by the summons; or (b) Wilfully refuses or neglects to serve when called upon,— the Court before which he is summoned to attend may ﬁne that person such sum, not exceeding $300, as it thinks ﬁt.
(2) No Court shall impose a ﬁne on any person under subsection (1) of this section without ﬁrst informing that person of the default and affording that person a reasonable opportunity to explain it.

(3) Where a person who is summoned to appear and serve as a juror fails to answer when called, the Court may issue a war­ rant to secure the attendance of that person before the Court.
(4) Any person against whom a ﬁne has been imposed under sub­ section (1) of this section by a District Court may appeal to the High Court against the order; and sections 116 to 144 of the Summary Proceedings Act 1957 shall apply to any such appeal as if that person had been convicted on an information and sentenced.
Compare: 1908 No 90 ss 162, 163; 1925 No 19 s 3; 1960 No 115 s 4; 1963 No 141 s 6(1) Subsection (1)(a) was substituted, as from 30 July 2000, by section 14 Juries Amendment Act 2000 (2000 No 2).
21 Part 30 s 33 Juries Act 1981 Reprinted as at 10 September 2008 Verdicts not affected by informalities No verdict shall be in any way affected merely because— (a) Any juror has been erroneously summoned from a greater distance or from a different district or otherwise than is required by this Act or the jury rules; or (b) Any person who was not qualiﬁed and liable for jury service, or who was disqualiﬁed from jury service or was not according to section 8 of this Act to serve on a jury, nevertheless served on the jury; or Of any error, omission, or informality in any jury list, panel, or other document.
Compare: 1908 No 90 s 177; 1963 No 141 s 8(1) (c) District from which jury to be summoned for Court of Appeal Where a jury is directed to be summoned under Part 2 of the Judicature Act 1908 (relating to the Court of Appeal), the High Court shall direct from what jury district the jury shall be sum­ moned.
Compare: 1908 No 90 s 182 Jury rules Subject to subsection (2) of this section, the Governor­General may from time to time, by Order in Council, make rules for all or any of the following purposes: (a) in relation to jury lists, prescribing— (i) (ii) (iii) (iv) what information about each person named on a list must be included on the list: the form or forms in which lists must be pro­ vided: the powers and duties of the Chief Registrar of Electors, the chief executive, Registrars, and other persons: that, where more than one form is prescribed under subparagraph (ii), the chief executive may from time to time determine in which one or more of those forms the list relating to each jury district must be provided: (b) in relation to jury panels, prescribing— 33 34 35 (1) 22 Reprinted as at 10 September 2008 Juries Act 1981 Part 30 s 35 (i) (ii) the method, methods, or the speciﬁcations of the method, by which panels must be compiled from jury lists: the powers and duties of Registrars and other per­ sons: in relation to the summoning of jurors, prescribing— (i) (ii) (iii) the form or forms to be used to summons jurors: the method or methods of service of summonses: the minimum period of notice that must be given in a summons: (c) (f) (e) (d) (g) (fa) prescribing the method or methods by which a person who has been summoned can apply to be excused from attendance: requiring a record to be kept of all jurors who are sum­ moned to attend the Court; and prescribing the form and manner in which that record is to be compiled: prescribing the method, methods, or the speciﬁcations of the method, for selecting a jury: prescribing the manner in which challenges are to be made and dealt with:.
Requiring the names of members of a jury to be kept apart from the others on the panel until the jury’s ver­ dict has been given and recorded, or the jury has been discharged: Prescribing the form and manner in which applications for a view are to be made and prescribing the manner in which the expenses of a view are to be calculated and charged to the applicant in civil cases: Providing for the accommodation, feeding, and refresh­ ment of jurors: Prescribing the fees to be paid by any party in a civil case who requires a jury: Providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration of it.
(1A) Where rules made under paragraphs (b), (c), or (f) of subsec­ tion (1) prescribe more than one form or method, the rules must also require the chief executive to determine from time to time (k) (h) (i) (j) 23 Part 30 s 36 Juries Act 1981 Reprinted as at 10 September 2008 which one of those forms or methods is to be used by each par­ ticular Court.

(1B) For the purposes of subsection (1A), the term method includes the speciﬁcations of a method.
(2) No rules may be made under this section otherwise than on the advice of the Minister of the Crown who is responsible for the Department for Courts tendered after consultation with— (a) (b) (c) The Chief Justice or another Judge of the High Court nominated for the purpose by the Chief Justice; and The Chief District Court Judge or another District Court Judge nominated for the purpose by the Chief District Court Judge; and The President of the New Zealand Law Society or a member of that Society nominated for the purpose by the President.
Compare: 1908 No 90 s 184; 1963 No 141 s 9 Subsection (1)(a) to (f) were substituted, and subsection (1)(fa) was inserted, as from 30 July 2000, by section 15(1) Juries Amendment Act 2000 (2000 No 2).

Subsections (1A) and (1B) were inserted, as from 30 July 2000, by section 15(2) Juries Amendment Act 2000 (2000 No 2).
Subsection (2) was amended, as from 1 October 1995, by section 10(3) Depart­ ment of Justice (Restructuring) Act 1995 (1995 No 39) by substituting “Minis­ ter of the Crown who is responsible for the Department for Courts” for “Min­ ister of Justice”.

Subsection (2) was amended, as from 30 July 2000, by omitting “subsection (1) of” pursuant to section 15(3) Juries Amendment Act 2000 (2000 No 2).
Transitional For the purposes of the ﬁrst compilation of jury lists after the 1st day of January 1982,— (a) Section 9(1) of this Act shall apply as if for the words “1st day of November in every year” there were substi­ tuted the words “1st day of March 1982”: Section 10(1) of this Act shall apply as if for the words “1st day of December” there were substituted the words “1st day of May”.

(b) Repeals and savings The enactments speciﬁed in the Schedule to this Act are hereby repealed.
36 37 (1) 24 Reprinted as at 10 September 2008 Juries Act 1981 Schedule (2) The repeal by subsection (1) of this section of the Juries Act 1908 shall not affect the abolition by section 176 of that Act of all attaints and inquests referred to in that section.

• • • • • • • • • • • • • • • Schedule Enactments repealed Section 37(1) 1908, No 90—The Juries Act 1908 (RS Vol 3, p 71).

1919, No 4—The Payment of Jurors Act 1919 (RS Vol 3, p 116).
1939, No 39—The Statutes Amendment Act 1939: sections 35 to 38 (RS Vol 3, p 117).

1945, No 40—The Statutes Amendment Act 1945: section 36 (RS Vol 3, p 118).

1949, No 51—The Statutes Amendment Act 1949: section 29(5) (RS Vol 3, p 119).

1950, No 91—The Statutes Amendment Act 1950: section 13 (RS Vol 3, p 119).

1951, No 39—The Juries Amendment Act 1951 (RS Vol 3, p 120).

1959, No 69—The Juries Amendment Act 1959 (RS Vol 3, p 122).

1960, No 115—The Juries Amendment Act 1960 (RS Vol 3, p 122).
1961, No 43—The Crimes Act 1961: sections 362 and 363, and Forms 5 and 6 in Schedule 2 (RS Vol 1, p 635).

1961, No 62—The Juries Amendment Act 1961 (RS Vol 3, p 123).

1962, No 35—The Juries Amendment Act 1962 (RS Vol 3, p 124).

1963, No 141—The Juries Amendment Act 1963 (RS Vol 3, p 125).

1966, No 36—The Juries Amendment Act 1951 (RS Vol 3, p 126).

1967, No 15—The Juries Amendment Act 1967 (RS Vol 3, p 127).
25 Schedule Juries Act 1981 Reprinted as at 10 September 2008 • • • • • 1968, No 87—The Juries Amendment Act 1968 (RS Vol 3, p 127).

1974, No 91—The Juries Amendment Act 1974 (RS Vol 3, p 128).

1975, No 81—The Juries Amendment Act 1975 (RS Vol 3, p 128).

1976, No 48—The Juries Amendment Act 1976 (RS Vol 3, p 129).

1980, No 85—The Crimes Amendment Act (No 2) 1980: sec­ tion 25(3).
26 Reprinted as at 10 September 2008 Juries Act 1981 Notes Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) Notes 1 2 3 General This is an eprint of the Juries Act 1981.

It incorporates all the amendments to the Juries Act 1981 as at 10 September 2008.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.

For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.
List of amendments incorporated in this eprint (most recent ﬁrst) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64): section 5 Lawyers and Conveyancers Act 2006 (2006 No 1): section 348 27