Juries Act 1981

1: Short Title and commencement
1: This Act may be cited as the Juries Act 1981.
2: Except as provided in subsection (3), this Act shall come into force on 1 May 1982.
3: Sections 5 to 10 12 35 36
2: Interpretation
1: In this Act, unless the context otherwise requires,— chief executive Ministry of Justice co-extensive jury districts
a: a High Court Jury District constituted under section 5(1)
b: a District Court Jury District constituted under section 5(2) disability Electoral Commission section 4B intellectual disability Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 jury district section 5 jury list information jury rules section 35 litigant in person
a: is a party to the proceedings; but
b: for the proceedings is not represented by a barrister or solicitor, or is represented only by a barrister or solicitor appointed under, and performing only the function stated in, section 14AC mental disorder
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 section 13 panel information party prison section 3(1) protected particulars public prosecution
a: the Crown (including, without limitation, by a person who is, and is acting in his or her capacity as, a Crown solicitor, an employee or officer of a government department, or a Police employee); or
b: a Crown entity within the meaning of section 7
c: a statutory public body or board (including, without limitation, a local authority) Registrar section 5(2) the office of the District Court traffic officer Land Transport Act 1998 trial view
2: For the purpose of issuing a summons under section 13 sections 14A 14AB 14B 14C 15 15A 29A section 35 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(1) chief executive inserted 30 July 2000 section 3(1) Juries Amendment Act 2000 Section 2(1) chief executive amended 1 October 2003 section 14(2) State Sector Amendment Act 2003 Section 2(1) Chief Registrar of Electors repealed 1 July 2012 section 57(2) Electoral (Administration) Amendment Act 2011 Section 2(1) co-extensive jury districts inserted 14 November 2018 section 141(1) Courts Matters Act 2018 Section 2(1) disability inserted 10 September 2008 section 5(3) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 2(1) Electoral Commission inserted 1 July 2012 section 57(3) Electoral (Administration) Amendment Act 2011 Section 2(1) General electoral district Maori electoral district repealed 30 July 2000 section 3(2) Juries Amendment Act 2000 Section 2(1) intellectual disability inserted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 2(1) jury list information inserted 29 April 2013 section 15 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 2(1) litigant in person inserted 29 April 2013 section 15 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 2(1) mental disorder inserted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 2(1) mentally disordered repealed 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 2(1) panel information inserted 29 April 2013 section 15 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 2(1) penal institution repealed 1 June 2005 section 206 Corrections Act 2004 Section 2(1) physical disability repealed 10 September 2008 section 5(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 2(1) pre-release hostel repealed 1 October 1985 Penal Institutions Amendment Act 1985 Section 2(1) prison inserted 1 June 2005 section 206 Corrections Act 2004 Section 2(1) probation officer repealed 1 July 2013 section 7 Juries Amendment Act 2011 Section 2(1) protected particulars inserted 29 April 2013 section 15 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 2(1) public prosecution inserted 29 April 2013 section 15 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 2(1) Registrar amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) traffic officer replaced 1 March 1999 section 215(1) Land Transport Act 1998 Section 2(2) inserted 14 November 2018 section 141(2) Courts Matters Act 2018
3: Act binds Crown
This Act binds the Crown.
4: 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 the District Court Section 4 amended 1 March 2017 section 261 District Court Act 2016
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 (in this section referred to as a High Court 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 an office of the District Court
3: Every jury district comprises every place that is within—
a: 45 km by the most practicable route from the courthouse in the court town in which jury trials may be held; and
b: any boundary of the district that is declared by the Governor-General by a notice under subsection (4).
3A:
4: If, by virtue of subsection (3), a place would be in 2 or more jury districts (both or all of which are High Court jury districts, or both or all of which are District Court jury districts), the boundaries of each of those districts must be declared by the Governor-General, by notice in the Gazette
a: no place is included in 2 or more jury districts; and
b: no place included in a jury district for a court town is more than 45 km by the most practicable route from the courthouse in that town.
5: In considering what advice he or she Minister of the Crown who is responsible for the Ministry of Justice
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.
6: If jury districts for the relevant High Court and District Court Registries are co-extensive jury districts, the same jury list can be used—
a: to compile jury lists for trials in both the High Court and the District Court held within the jury district; and
b: to create a jury panel and to summon and empanel jurors; and
c: for any related purpose. 1908 No 90 s 12 1966 No 36 s 2(1) 1976 No 48 s 3 Section 5(1) amended 4 October 2010 section 4(1AA) Juries Amendment Act 2008 Section 5(2) amended 1 March 2017 section 261 District Court Act 2016 Section 5(3) replaced 4 October 2010 section 4(1) Juries Amendment Act 2008 Section 5(3A) repealed 4 October 2010 section 4(1) Juries Amendment Act 2008 Section 5(4) replaced 4 October 2010 section 4(3) Juries Amendment Act 2008 Section 5(5) amended 14 November 2018 section 142(1) Courts Matters Act 2018 Section 5(5) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 5(5) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 5(6) inserted 14 November 2018 section 142(2) Courts Matters Act 2018 Jury service
6: Qualification and liability
Every person who is currently registered as an elector in accordance with the Electoral Act 1993 sections 7 8 Section 6 replaced 30 July 2000 section 5 Juries Amendment Act 2000
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 home detention for a period that is, or is more than, 3 months 1908 No 90 s 5 1948 No 15 s 35 1963 No 141 s 3 Section 7(b) amended 29 April 2013 section 5 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
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, Associate Judges of the High Court, Judges of the Employment Court District Court Judges, and Community Magistrates
d: visiting Justices under the Corrections Act 2004 Parole Board
e: Justices who have agreed to make themselves available from time to time to exercise the summary jurisdiction of the District Court
f: lawyers within the meaning of the Lawyers and Conveyancers Act 2006
g: employees
h: an employee of the public service
i: in the Ministry of Justice; or
ii: in the Department of Corrections; or
iii:
iv: as an officer of the High Court or of the District Court
haa:
ha: a party to a prison management contract entered into under section 198(1) section 166
hb: a security officer within the meaning of section 3(1)
hc: a person who, under section 15A section 15A(3)
i:
j:
k: persons with an intellectual disability. 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 25 December 2008 section 6(1) Juries Amendment Act 2008 Section 8(c) amended 30 July 2000 section 6(1) Juries Amendment Act 2000 Section 8(c) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 8(d) amended 1 June 2005 section 206 Corrections Act 2004 Section 8(d) amended 1 October 1985 section 150(1) Criminal Justice Act 1985 Section 8(e) amended 1 March 2017 section 261 District Court Act 2016 Section 8(f) replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 8(g) amended 1 October 2008 section 130(1) Policing Act 2008 Section 8(h) replaced 30 July 2000 section 6(2) Juries Amendment Act 2000 Section 8(h) amended 7 August 2020 section 135 Public Service Act 2020 Section 8(h)﻿(iii) repealed 1 October 2003 section 12(2) State Sector Amendment Act 2003 Section 8(h)﻿(iv) amended 1 March 2017 section 261 District Court Act 2016 Section 8(haa) repealed 1 July 2011 section 144 Legal Services Act 2011 Section 8(ha) inserted 30 July 2000 section 6(2) Juries Amendment Act 2000 Section 8(ha) amended 8 December 2009 section 8(2) Corrections (Contract Management of Prisons) Amendment Act 2009 Section 8(ha) amended 1 June 2005 section 206 Corrections Act 2004 Section 8(hb) inserted 30 July 2000 section 6(2) Juries Amendment Act 2000 Section 8(hb) amended 1 June 2005 section 206 Corrections Act 2004 Section 8(hc) inserted 29 April 2013 section 6 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 8(i) repealed 10 September 2008 section 5(4) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 8(j) repealed 30 July 2000 section 6(3) Juries Amendment Act 2000 Section 8(k) inserted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Jury lists and panels
9: Preparation of jury lists
1: Whenever the chief executive considers it expedient he or she may ask the Electoral Commission
2: In relation to each jury list requested under subclause (1), the chief executive must advise the Electoral Commission
a: the number of names to be included in the jury list; and
b: the date by which the list is required.
3: The Electoral Commission
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 Section 9 replaced 30 July 2000 section 7 Juries Amendment Act 2000 Section 9(1) amended 1 July 2012 section 57(4) Electoral (Administration) Amendment Act 2011 Section 9(2) amended 1 July 2012 section 57(4) Electoral (Administration) Amendment Act 2011 Section 9(3) amended 1 July 2012 section 57(4) Electoral (Administration) Amendment Act 2011
10: Jury lists sent to chief executive
The Electoral Commission Section 10 replaced 30 July 2000 section 7 Juries Amendment Act 2000 Section 10 amended 1 July 2012 section 57(5) Electoral (Administration) Amendment Act 2011
11: Currency of jury lists
A jury list remains current until it is replaced by a new list provided by the Electoral Commission section 10 Section 11 replaced 30 July 2000 section 7 Juries Amendment Act 2000 Section 11 amended 1 July 2012 section 57(6) Electoral (Administration) Amendment Act 2011
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
3: The chief executive must ensure that jury lists forwarded to him or her under section 10
a: the chief executive; and
b: staff of the Ministry of Justice
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 replaced 30 July 2000 section 7 Juries Amendment Act 2000 Section 12(2)﻿(b) amended 25 December 2008 section 7 Juries Amendment Act 2008 Section 12(3)﻿(b) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
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
b: disqualified according to section 7
c: not to serve on any jury according to section 8
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 section 14C(1)﻿(d)
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 30 July 2000 section 7 Juries Amendment Act 2000 Section 12A(1)﻿(da) inserted 25 December 2008 section 8 Juries Amendment Act 2008
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.
1A: The Registrar must ensure that the only jury list information about a person that is included on the panel is the panel information about the person.
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 section 8
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.
3A: Subsection (3) does not apply to a person who is summoned for jury service if—
a: the Registrar has, following an application under section 14B
i: the person is summoned under a replacement summons issued under section 14C(1)﻿(c)
ii: the Registrar has served on the person a written notice under section 14C(1)﻿(d) section 14B
b: the Registrar has, under section 15 on a particular occasion
ba: the Registrar has, under section 15A section 15A(3)
c: a Judge has, under section 16 on a particular occasion
d: a Judge has, under section 16AA
4: Despite subsections (3) and (3A), every 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) replaced 30 July 2000 section 8 Juries Amendment Act 2000 Section 13(1A) inserted 29 April 2013 section 16 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 13(3A) inserted 4 October 2010 section 11(2) Juries Amendment Act 2008 Section 13(3A)﻿(b) amended 29 April 2013 section 7(1) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 13(3A)﻿(ba) inserted 29 April 2013 section 7(2) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 13(3A)﻿(c) amended 29 April 2013 section 7(1) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 13(4) amended 4 October 2010 section 11(3) Juries Amendment Act 2008
14: Inspection of jury panel
1: 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 (being days on which the office of the court is open for business)
1A: In subsection (1), eligible person
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 is a litigant in person; or
c: the Crown or other prosecutor in criminal proceedings that are due to be heard during that week (whether or not those proceedings are a public prosecution); or
d: a Police employee who is performing a function of the Police in respect of, but is not personally concerned in the facts of, or closely connected with a party or witness or prospective witness in, proceedings that are due to be heard during that week.
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:
4: 1908 No 90 ss 98, 99 Section 14(1) replaced 25 December 2008 section 9(1) Juries Amendment Act 2008 Section 14(1)﻿(b) amended 29 April 2013 section 17(1) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 14(1A) inserted 25 December 2008 section 9(1) Juries Amendment Act 2008 Section 14(1A)﻿(b) replaced 29 April 2013 section 17(2) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 14(1A)﻿(c) replaced 29 April 2013 section 17(2) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 14(1A)﻿(d) replaced 29 April 2013 section 17(2) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 14(3) repealed 25 December 2008 section 9(2) Juries Amendment Act 2008 Section 14(4) repealed 29 April 2013 section 17(3) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
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)
a: may show the copy (the document
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
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)
a: may show the copy or any copies of it (the document
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 defendant
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 under subpart 2 Section 14A inserted 25 December 2008 section 10 Juries Amendment Act 2008 Section 14A(4) amended 1 July 2013 section 7 Juries Amendment Act 2011 Section 14A(6) amended 26 August 2020 section 29 Contempt of Court Act 2019
14AB: Inspection of protected particulars of jury list information excluded from panel
1: The Registrar must comply with a request to make a copy of protected particulars excluded from a panel under section 13(1A)
a: by that eligible person; and
b: at a time not earlier than 7 days (being days on which the office of the court is open for business) before the commencement of the week for which the jurors on the panel are summoned to attend for jury service.
2: In subsections (1) and (4), eligible person
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 barrister or solicitor appointed under section 14AC
c: the Crown or other prosecutor in criminal proceedings that are due to be heard during that week and that are a public prosecution; or
d: a Police employee who is performing a function of the Police in respect of, but is not personally concerned in the facts of, or closely connected with a party or witness or prospective witness in, proceedings that are due to be heard during that week.
3: A barrister or solicitor to whom a copy of protected particulars is made available under subsections (1) and (2)﻿(a) or (b) must use the copy or any copies of it (the document sections 23 to 26
4: However, an eligible person (despite subsection (3)),—
a: must not show the document or disclose all or any of its contents to a person (in this subsection called a prohibited person
i: an eligible person:
ii: a Judge, a Registrar, or a member of the court registry staff; and
b: must not leave the document in the possession of a prohibited person; and
c: must take all reasonable steps to ensure that the document and all or any of its contents are not copied by a prohibited person.
5: 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 protected particulars must (despite subsection (3)) 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 defendant is given in charge.
6: However, subsection (5) 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.
7: A breach of subsection (4) or (5) may be dealt with as contempt of court. Section 14AB inserted 29 April 2013 section 18 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
14AC: Counsel to inspect protected particulars, and exercise rights of challenge, for litigant in person
1: On a request for the purpose by or on behalf of a party, the Registrar must appoint a barrister or solicitor to act for the party in respect of a request under section 14AB(1)
a: is 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; and
b: is a litigant in person who wishes to have, but does not have, a barrister or solicitor appointed under this section to perform the function stated in subsection (2).
2: The only function of a barrister or solicitor appointed under this section is to exercise rights of challenge under sections 23 to 26 section 14AB(1) section 13(1A)
3: Subsection (2) is subject to section 14AB(4) and (5)
4: Fees for professional services provided, and reasonable expenses incurred, by the barrister or solicitor in performing that function—
a: must, after a bill for them is submitted, be determined by the Registrar in accordance with any currently in force relevant general directions under subsection (5); and
b: are payable out of public money appropriated by Parliament for the purpose.
5: The chief executive may from time to time give written general directions
6: The general directions are in force until revoked or revoked and replaced in writing, and may (without limitation) require the Registrar, unless satisfied in a particular case that a specified exception applies, to determine the fees and expenses using specified, or specified ranges of, rates or amounts.
7: The ranges, rates, or amounts may differ according to—
a: the time spent and the complexity of the proceedings:
b: the barrister's or solicitor's level of experience:
c: whether professional services are provided in a specified number of proceedings during a specified period:
d: any other factors the chief executive thinks relevant.
8: General directions under subsection (5) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14AC inserted 29 April 2013 section 18 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 14AC(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14AC(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14B: Deferral of jury service
1: The Registrar may permit a person summoned to attend as a juror on an occasion to defer that person's attendance to serve as a juror to a time within a period that—
a: starts at least 8 weeks, and ends no later than 1 year, after the date on which the person is required to attend under the summons; and
b: is specified by the Registrar but lasts for at least 1 month; and
c: the person has indicated would be a more convenient period for the commencement of any jury service of that person that may result from the person having been summoned to attend as a juror.
2: However, the Registrar may exercise that power—
a: only in respect of a summons that is not a replacement summons under section 14C(1)﻿(c)
b: only once for each summons of that kind; and
c: only if satisfied, on a written application for the purpose made by or on behalf of that person, that, because of 1 or more matters specified in subsection (3), attendance on that occasion would cause or result in undue hardship or serious inconvenience to that person, any other person, or the general public.
3: The matters referred to in subsection (2)﻿(c) (and in section 15(1A)﻿(a) and (c)
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:
aa: that the person has difficulties in understanding or communicating in the English language, so that they are not capable of acting effectively as a juror:
b: that person's
c: that person's state of health, or family commitments, or other personal circumstances. Section 14B inserted 4 October 2010 section 11(1) Juries Amendment Act 2008 Section 14B(2)﻿(a) amended 14 November 2018 section 144(1) Courts Matters Act 2018 Section 14B(3)﻿(aa) inserted 14 November 2018 section 144(2) Courts Matters Act 2018
14C: Further provisions relating to deferral of jury service
1: After accepting an application under section 14B
a: promptly record in some way the exercise of the power of deferral in respect of the summons in relation to which the application under section 14B
b: promptly delete the person's details from the panel that was—
i: compiled under section 13(1)
ii: the basis of the issue of that summons; and
c: if a later panel is compiled under section 13(1) section 14B(1)﻿(b)
d: if satisfied that no jury trials are to be held in the court during the period specified for the person under section 14B(1)﻿(b) section 13(1)
2: If the Registrar declines an application under section 14B
3: The acceptance of an application under section 14B section 15 , 15A 16 subsection (1)﻿(c)
4: The Registrar may, if the Registrar thinks fit, treat an application under section 14B section 15(1) Section 14C inserted 4 October 2010 section 11(1) Juries Amendment Act 2008 Section 14C(3) amended 14 November 2018 section 145 Courts Matters Act 2018 Section 14C(3) amended 29 April 2013 section 8 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
14D: Deferral of, or excusal from, jury service of person subject to home detention for less than 3 months
1: This section applies to a Registrar who becomes aware from information available to the Registrar that a person summoned to attend as a juror on an occasion is—
a: an offender on whom a court has imposed a sentence of home detention for a period of less than 3 months; and
b: summoned to serve in a week during which the person will be subject to the sentence of home detention.
2: The Registrar must, despite any provision of this Act to the contrary,—
a: permit the person to defer the person's attendance to serve as a juror under section 14B
b: excuse that person from serving as a juror on that occasion under section 15 Section 14D inserted 29 April 2013 section 9 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
15: Registrar's discretion and duty to on particular occasion
1: The Registrar may excuse a person summoned to attend as a juror on an occasion from attending on that occasion.
1A: However, the Registrar may exercise that power only if satisfied, on a written application for the purpose made by or on behalf of that person, that,—
a: because of 1 or more matters specified in section 14B(3)
b: in the circumstances, a deferral of jury service under section 14B
c: because of 1 or more matters specified in section 14B(3)
1B: The Registrar may, if the Registrar thinks fit, treat an application under this section as if it were an application for deferral under section 14B
2: The Registrar must excuse a person summoned to attend as a juror on an occasion from attending on that occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that the 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 years
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: The Registrar may ask a person to provide evidence in support of an application under this section if the Registrar reasonably thinks that evidence of that kind is necessary in order 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 the applicant 1908 No 90 s 96A 1959 No 39 s 4(1) Section 15 heading amended 29 April 2013 section 10(1)﻿(a) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 15 heading amended 29 April 2013 section 10(1)﻿(b) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 15(1) replaced 4 October 2010 section 12(1) Juries Amendment Act 2008 Section 15(1A) inserted 4 October 2010 section 12(1) Juries Amendment Act 2008 Section 15(1B) inserted 4 October 2010 section 12(1) Juries Amendment Act 2008 Section 15(2) amended 29 April 2013 section 10(2) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 15(2)﻿(aa) inserted 30 July 2000 section 9(2) Juries Amendment Act 2000 Section 15(2)﻿(aa) amended 29 April 2013 section 10(3) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 15(3) replaced 29 April 2013 section 10(4) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 15(4) amended 4 October 2010 section 12(4) Juries Amendment Act 2008
15A: Registrar's discretion and duty to excuse from jury service permanently
1: The Registrar may excuse a person summoned to attend as a juror on an occasion from attending in any court on any occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that, because of the person's disability or state of health, the person would not, if required to attend as a juror in any court on any occasion, be able to perform a juror's duties satisfactorily.
2: The Registrar must excuse a person summoned to attend as a juror on an occasion from attending in any court on any occasion if satisfied, on a written application for the purpose made by or on behalf of the person, that the person is of or over the age of 65 years.
3: The Registrar must cancel a person's permanent excusal under subsection (2) promptly after receiving a written application for the purpose made by or on behalf of the person.
4: The Registrar may ask a person to provide evidence in support of an application under this section if the Registrar reasonably thinks that evidence of that kind is necessary in order to determine the application.
5: 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 the applicant is summoned to appear. Section 15A inserted 29 April 2013 section 11 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
16: Judge's discretion to excuse from jury service on particular occasion
1: A Judge may in accordance with this section excuse a person summoned to attend as a juror on any occasion in the court in which the Judge sits from attending on that occasion.
2: The person may be excused only on an application for the purpose made by or on behalf of the person.
3: The Judge may excuse the person from attending on that occasion if—
a: the panel that was used in summoning the person to attend as a juror has been compiled in respect of 1 trial only; and
b: the Judge is satisfied that the person is personally concerned in the facts of the case, or is closely connected with one of the parties or with one of the prospective witnesses.
4: The Judge may excuse the person from attending on that occasion if satisfied of either of the following:
a: a ground on which the Registrar could have excused that person under section 15
b: that the person objects to jury service on grounds of conscience, whether or not of a religious character.
5: Subsection (4)﻿(a) applies whether or not the Registrar has declined to do either or both of the following:
a: permit the person to defer jury service under section 14B
b: excuse the person from attending as a juror (whether on that occasion, or in any court on any occasion) under section 15 15A Section 16 replaced 29 April 2013 section 11 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
16AA: Judge may
cancel or language difficulty
1: On application in accordance with subsection (3), or on his or her own motion, a Judge may cancel or difficulties in understanding or communicating in the English language
2: A cancellation
3: An application under this section must be made—
a: before the jury is constituted; and
b: by the Registrar, or by a member of the court registry
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 inserted 30 July 2000 section 10 Juries Amendment Act 2000 Section 16AA heading amended 14 November 2018 section 146(1) Courts Matters Act 2018 Section 16AA heading amended 25 December 2008 section 13(1) Juries Amendment Act 2008 Section 16AA heading amended 10 September 2008 section 5(6) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 16AA(1) amended 14 November 2018 section 146(2) Courts Matters Act 2018 Section 16AA(1) amended 25 December 2008 section 13(2) Juries Amendment Act 2008 Section 16AA(1) amended 10 September 2008 section 5(7) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 16AA(2) amended 14 November 2018 section 146(3) Courts Matters Act 2018 Section 16AA(3)﻿(b) amended 25 December 2008 section 13(3) Juries Amendment Act 2008
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 section 13
2: Where, in any case to which subsection (1) applies, 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 more than 45 km by the most practicable route from that person's place of residence. Section 16A inserted 17 December 1982 Juries Amendment Act 1982 Section 16A(3) replaced 4 October 2010 section 4(4) Juries Amendment Act 2008 Constitution of jury
17: Jury to comprise 12 jurors
Every jury shall comprise 12 jurors. 1908 No 90 ss 61, 62 1979 No 143 s 2(1)
18: 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. Section 18 replaced 30 July 2000 section 11 Juries Amendment Act 2000
19: Constitution of jury
Subject to the powers of a Judge to discharge a juror under section 22 section 18 1908 No 90 s 103
20: Swearing of jurors
After the jury is constituted but before the case is opened or the defendant 1908 No 90 ss 104, 105 1976 No 48 s 7(1) Section 20 amended 1 July 2013 section 7 Juries Amendment Act 2011
21: Foreperson
1: After the jurors have been sworn but before the case is opened or the defendant foreperson
2: Despite subsection (1) the court may direct that the jury choose a foreperson at a time different from that specified in subsection (1). 1908 No 90 s 107A 1961 No 62 s 2 Section 21 heading replaced 25 December 2008 section 14(1)﻿(a) Juries Amendment Act 2008 Section 21(1) amended 1 July 2013 section 7 Juries Amendment Act 2011 Section 21(1) amended 25 December 2008 section 14(1)﻿(b) Juries Amendment Act 2008 Section 21(2) inserted 25 December 2008 section 14(2) Juries Amendment Act 2008
22: Discharge of juror or jury
1: When this subsection applies, the court, having regard to the interests of justice, may either—
a: discharge the jury without the jury giving a verdict (whether unanimous or majority); or
b: discharge the juror or jurors concerned from the panel and jury and , subject to subsection (1A),
1A: The court may proceed with fewer than 10 jurors under subsection (1)﻿(b) only if all parties consent to doing so and the court, having regard to the interests of justice, considers that it should do so.
2: Subsection (1) applies if, and only if, before or after the jury is constituted but before the jury’s verdict is taken, the court considers that—
a: a juror is incapable of performing, or continuing to perform, the juror’s duty as a juror in the case; or
b: a juror is disqualified; or
c: a juror’s spouse, civil union partner, or de facto partner, member of the juror’s family, or member of the family of the juror’s spouse, civil union partner, or de facto partner, is ill or has died; or
d: a juror is personally concerned in the facts of the case; or
e: a juror is closely connected with a party or witness or prospective witness.
3: The court may also discharge the jury without it giving a verdict (whether unanimous or majority) if—
a: a casualty or emergency makes it, in the court’s opinion, highly expedient for the ends of justice to do so; or
b: the jury has remained in deliberation for at least 4 hours and the jurors do not agree on the verdict (whether unanimous or majority) to be given, and the court thinks the period for which the jury has remained in deliberation is reasonable.
4: Nothing in this section affects any rules of court that—
a: permit a jury for a civil case to be discharged without giving a verdict if all parties consent; or
b: apply when a Judge sitting with a jury on the trial of any civil case becomes incapable of acting.
5: In this section and sections 22A 22B court Section 22 replaced 25 December 2008 section 15(1) Juries Amendment Act 2008 Section 22(1)﻿(b) amended 5 March 2012 section 5(1) Juries Amendment Act 2011 Section 22(1A) inserted 5 March 2012 section 5(2) Juries Amendment Act 2011
22A: Consequences of discharge under section 22
1: If a juror is discharged under section 22(1)﻿(b)
a: the discharge of the juror does not affect the juror’s liability to serve on any other jury:
b: the court may, if the discharge occurs before the case is opened or the defendant sections 18 20
c: the choice of a foreperson is not affected (even if 1 or more replacement jurors are selected and sworn under paragraph (b)) if that choice has already been made and the juror who was chosen as foreperson is not the juror discharged:
d: if the juror has, by the time he or she is discharged, been chosen as foreperson, another foreperson must be chosen under section 21
2:
3: If the court proceeds with fewer than 12 jurors under section 22(1)﻿(b) section 17
4: On discharging the jury under section 22(1)﻿(a) or (3)
a: direct that a new jury be empanelled during the sitting of the court; or
b: postpone the trial on any terms justice requires. Section 22A inserted 25 December 2008 section 15(1) Juries Amendment Act 2008 Section 22A(1)﻿(b) amended 1 July 2013 section 7 Juries Amendment Act 2011 Section 22A(2) repealed 5 March 2012 section 6(1) Juries Amendment Act 2011 Section 22A(3) amended 5 March 2012 section 6(2) Juries Amendment Act 2011
22B: Further provisions about discharge under section 22
1: The court may discharge the jury or a juror or jurors under section 22(1) or (3)
a: on an application for the purpose; or
b: on its own initiative.
2: A defendant is entitled to appear and be heard on an application under section 22
3: In considering whether to discharge the jury or a juror or jurors under section 22(1) or (3) Section 22B inserted 25 December 2008 section 15(1) Juries Amendment Act 2008
22C: Procedure if Judge sitting with jury on trial of criminal case becomes incapable of acting
1: If a Judge sitting with a jury on the trial of any criminal case becomes incapable of acting before the jury has retired to consider its verdict,—
a: another Judge or the Registrar must discharge the jury; and
b: on or after the discharge of the jury, another Judge may order a new trial.
2: If the Judge sitting with a jury on the trial of a criminal case becomes incapable of acting after the jury has retired to consider its verdict and before judgment has been given, another Judge—
a: may give any further directions required by the jury; and
b: may take the verdict and give judgment on it or may discharge the jury without verdict; and
c: may generally do all things in the same way as the Judge formerly presiding at the trial might have done had that Judge not become incapable of acting. Section 22C inserted 25 December 2008 section 15(1) Juries Amendment Act 2008 Challenges
23: Challenge of juror for want of qualification
If any person selected as a juror is—
a: not qualified according to section 6
b: disqualified according to section 7
c: not to serve on any jury according to section 8 he may be challenged, and shall be discharged upon such challenge if the court is satisfied of the fact. 1908 No 90 s 115
24: Challenges without cause
1: In every case to be tried before a jury, each of the parties is entitled to challenge without cause 4 jurors only.
2: However, if 2 or more defendants in a criminal case are charged
3: If a juror is discharged and is to be replaced with another under section 22A(1)﻿(b) 1908 No 90 ss 121–123, 125 Section 24 replaced 25 December 2008 section 17 Juries Amendment Act 2008 Section 24(2) amended 1 July 2013 section 7 Juries Amendment Act 2011
25: Challenges for cause
1: In addition to the right to challenge under sections 23 24
a: a juror is not indifferent between the parties; or
b: a juror is not capable of acting effectively as a juror in the proceedings because of
2: Except as provided in section 23
3: The Judge shall determine every challenge for cause, in private 1961 No 43 s 363(1)–(5) Section 25(1) replaced 30 July 2000 section 13 Juries Amendment Act 2000 Section 25(1)﻿(b) amended 10 September 2008 section 5(9) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 25(3) amended 17 December 1985 Juries Amendment Act 1985
26: Time for challenging
Every challenge shall be made before the juror takes a seat. 1908 No 90 s 126
27: Directions to stand by
1: In a criminal case, the Judge, on an application made to him by the Crown or other prosecutor with the consent of the defendant or any of the defendants, or by the defendant or any of the defendants charge
2: Notwithstanding subsection (1), 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. 1966 No 43 s 363(7) Section 27(1) amended 1 July 2013 section 7 Juries Amendment Act 2011 Views
28: Court may order view
Section 28 repealed 1 August 2007 section 215 Evidence Act 2006
29: Costs of view
1: 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.
2: If the sum fixed is more than sufficient to pay those expenses, the surplus shall be refunded to the party who obtained the order.
3: If there is a deficiency, it shall be made up by that party. 1908 No 90 ss 134–136 Sequestration, separation, retirement, and non-communication Heading inserted 25 December 2008 section 18 Juries Amendment Act 2008
29A: Routine sequestration on deliberation abolished
1: If, at the end of a day of deliberation, a jury that has been directed to consider its verdict has reached no verdict,—
a: the jury is not required to be sequestered; and
b: the jurors are with the leave of the court permitted to separate until the time when the court requires the jury’s deliberation to resume.
2: If the court or a Judge considers that it is required in the interests of justice, the court or Judge may order that the jury be sequestered until it reaches a verdict or until an earlier time or event specified in the court’s or Judge’s order.
3: An order under subsection (2) overrides subsection (1), and may be made on—
a: a written or oral application for the purpose; or
b: the court’s or Judge’s own initiative.
4: Every rule of common law that requires a jury to be sequestered, or under which jurors who separate without leave of the court are guilty of misconduct, is abolished. Section 29A inserted 25 December 2008 section 18 Juries Amendment Act 2008
29B: Retirement and non-communication
1: If the jury retires to consider its verdict, the jurors must be kept under the charge of 1 or more members of the court registry staff in some private place provided with sufficient heating and lighting, and allowed to have reasonable refreshment.
2: However, for the purpose of having refreshment the jurors may with the court’s consent be taken under the charge of 1 or more members of the court registry staff to a place of public refreshment instead of remaining in a private place.
3: Subsections (1) and (2) do not apply to any period during which the jurors are permitted to separate under section 29A
4: After retiring to consider their verdict and until returning a verdict or being discharged, the jurors must not discuss the case except in the course of their deliberations.
5: Failure to comply with the requirements of this section does not affect the validity of the proceedings.
6: However, if a failure of that kind is discovered before the verdict of the jury is returned, the court may, if it considers that the failure makes it highly expedient for the ends of justice to do so,—
a: discharge the jury and direct a new jury to be sworn or empanelled during the sitting of the court; or
b: postpone the trial on any terms justice requires.
7: In this section, member of the court registry staff 1961 No 43 s 370 Section 29B inserted 25 December 2008 section 18 Juries Amendment Act 2008 Majority verdicts Heading inserted 29 June 2009 section 19 Juries Amendment Act 2008
29C: Criminal cases
1: In this section, majority verdict
2: The court may accept a majority verdict in a criminal case if—
a: the jury, having retired to consider its verdict, has deliberated for at least 4 hours; and
b: the jurors have not reached a unanimous verdict; and
c: the foreperson of the jury has stated in open court—
i: that there is no probability of the jury reaching a unanimous verdict; and
ii: that the jury has reached a majority verdict; and
d: the court considers that the jury has had a period of time for deliberation that the court thinks reasonable, having regard to the nature and complexity of the trial.
3: If the case involves 2 or more charges, or 2 or more persons charged, the court may accept a majority verdict in relation to 1 or some of the charges or persons charged, in which case nothing in this section applies to the other charges or the other persons charged.
4: Nothing in this section—
a: prevents the court from taking a poll of the jury; or
b: affects section 110 143
5: If, in terms of section 110 143 Section 29C inserted 29 June 2009 section 19 Juries Amendment Act 2008 Section 29C(4)﻿(b) replaced 1 July 2013 section 4(1) Juries Amendment Act 2013 Section 29C(5) replaced 1 July 2013 section 4(2) Juries Amendment Act 2013
29D: Civil cases
1: In this section, majority verdict
2: The court may accept a majority verdict in a civil case if—
a: the jury, having retired to consider its verdict, has deliberated for at least 4 hours; and
b: the jurors have not reached a unanimous verdict; and
c: the foreperson of the jury has stated in open court—
i: that there is no probability of the jury reaching a unanimous verdict; and
ii: that the jury has reached a majority verdict; and
d: the court considers that the jury has had a period of time for deliberation that the court thinks reasonable, having regard to the nature and complexity of the trial.
3: Nothing in this section—
a: prevents the court from taking a poll of the jury; or
b: affects any practice in civil cases by which a court may, with the consent of all parties, accept a verdict that is not a unanimous verdict. 1908 No 89 s 54A Section 29D inserted 29 June 2009 section 19 Juries Amendment Act 2008 Miscellaneous provisions
30: Payment of jurors
1: Every juror who attends the court when duly summoned shall be entitled to such fees and expenses by way of compensation 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.
2: The jury rules prescribing those fees and expenses may authorise the chief executive, if satisfied in a particular case that it is desirable to do so, to increase a sum otherwise payable under those rules. 1908 No 90 ss 157, 158 1919 No 4 s 2 Section 30(2) inserted 25 December 2008 section 20 Juries Amendment Act 2008
31: 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. 1908 No 90 s 159 1959 No 69 s 2(1) 1977 No 32 s 9(3)﻿(c)
32: Failure to attend
1: The court may, after complying with subsection (2), fine a person a sum, not exceeding $1,000, the court thinks fit if that person is summoned to attend and serve as a juror before the court but—
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.
2: Before imposing a fine on a person under subsection (1), the court must first inform that person of the default and afford that person a reasonable chance to explain it.
3: If a person who is summoned to appear and serve as a juror fails to answer when called, the court may issue a warrant to secure the attendance of that person before the court.
4: For the purposes of Part 6
a: the imposition of a fine under subsection (1) is to be treated as a sentence; and
b: that Part applies as if the person on whom the fine has been imposed had been convicted on a charge and sentenced. 1908 No 90 ss 162, 163; 1925 No 19 s 3; 1960 No 115 s 4; 1963 No 141 s 6(1) Section 32 replaced 25 December 2008 section 21 Juries Amendment Act 2008 Section 32(4) replaced 1 July 2013 section 7 Juries Amendment Act 2011
32A: Employees absent on jury service not to be prejudiced
1: An employer commits an offence and is liable on
a: dismisses, or threatens to dismiss, the employee without the consent of the employee:
b: otherwise prejudices the position of the employee without the consent of the employee.
2: If an employer is alleged to have committed, or is convicted of, an offence against subsection (1) in respect of an action and an employee, then that employee,—
a: if that action consists of or includes dismissal, may have a personal grievance, for the purposes of section 103(1)﻿(a) Part 9
b: if that action consists of an action other than dismissal or includes an action in addition to dismissal, may have a personal grievance, for the purposes of section 103(1)﻿(b) Part 9
3: In this section,— employee section 6 otherwise prejudicing the position of the employee
a: means doing some act (other than dismissing, or threatening to dismiss, the employee) that affects either or both of the following to the employee’s disadvantage:
i: the employee’s employment:
ii: 1 or more conditions of the employee’s employment; but
b: does not include not paying the employee remuneration of any kind for the period the employee is required to be absent from employment on jury service. 2000 No 7 s 17 Section 32A inserted 25 December 2008 section 21 Juries Amendment Act 2008 Section 32A(1) amended 1 July 2013 section 7 Juries Amendment Act 2011
32B: Identity and address of serving or former juror or prospective juror not generally to be disclosed
1: A person commits an offence and is liable on
2: The penalty is imprisonment for a term not exceeding 3 months, or a fine not exceeding $10,000, or both.
3: In this section,— former juror identification of a juror or former juror juror
4: Subsection (1) does not apply to any of the following:
a: the identification of a former juror with the former juror’s consent:
b: the identification of a juror or former juror if the identification forms part of the exercise or performance of a power, function, or duty conferred, imposed, or contemplated by this Act, the jury rules, or a rule of law or practice relating to the trial of civil or criminal cases:
c: the disclosure of information to a court or to an investigative or prosecuting authority if the disclosure is made for the purposes of an investigation or prosecution of a contempt of court or of an offence relating to a juror or jury:
d: the disclosure of information relating to a proceeding under this section. Jury Act 1977 s 68 (NSW); Juries Act 2000 s 77 (Vic) Section 32B inserted 25 December 2008 section 21 Juries Amendment Act 2008 Section 32B(1) amended 1 July 2013 section 7 Juries Amendment Act 2011
33: 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
c: of any error, omission, or informality in any jury list, panel, or other document. 1908 No 90 s 177 1963 No 141 s 8(1)
34: District from which jury to be summoned for Court of Appeal
Section 34 repealed 1 March 2017 section 183(b) Senior Courts Act 2016
35: Jury rules
1: Subject to subsection (2), the Governor-General 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: what information about each person named on a list must be included on the list:
ii: the form or forms in which lists must be provided:
iii: the powers and duties of the Electoral Commission
iv: that, where more than 1 form is prescribed under subparagraph (ii), the chief executive may from time to time determine in which 1 or more of those forms the list relating to each jury district must be provided:
b: in relation to jury panels, prescribing—
i: the method, methods, or the specifications of the method, by which panels must be compiled from jury lists:
ii: the powers and duties of registrars and other persons:
iii: what jury list information about each person named on a jury list and on a panel must be included on the panel:
c: in relation to the summoning of jurors, prescribing—
i: the form or forms to be used to summons jurors:
ii: the method or methods of service of summonses:
iii: the minimum period of notice that must be given in a summons:
d: prescribing the method or methods by which any or all
i: an application under section 14B
ii: an application under section 15 , 15A 16
iii: an application under section 15A(3)
da: prescribing the method or methods of service for a written notice under section 14C(1)﻿(d)
e: requiring a record to be kept of all jurors who are summoned to attend the court; and prescribing the form and manner in which that record is to be compiled:
f: prescribing the method, methods, or the specifications of the method, for selecting a jury:
fa: prescribing the manner in which challenges are to be made and dealt with:
g: requiring the names of members of a jury to be kept apart from the others on the panel until the jury’s verdict has been given and recorded, or the jury has been discharged:
h: 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:
i: providing for the accommodation, feeding, and refreshment of jurors:
j: prescribing the fees to be paid by any party in a civil case who requires a jury:
k: 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 subsection (1) prescribe more than 1 form or method, the rules must also require the chief executive to determine from time to time which one of those forms or methods is to be used by each particular court.
1B: For the purposes of subsection (1A), the term method
2: No rules may be made under Minister of the Crown who is responsible for the Ministry of Justice
a: the Chief Justice or another Judge of the High Court nominated for the purpose by the Chief Justice; and
b: the Chief District Court Judge or another District Court Judge nominated for the purpose by the Chief District Court Judge; and
c: the President of the New Zealand Law Society or a member of that society nominated for the purpose by the President.
3: Rules under this section are secondary legislation ( see Part 3 1908 No 90 s 184 1963 No 141 s 9 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 35(1)﻿(a) replaced 30 July 2000 section 15(1) Juries Amendment Act 2000 Section 35(1)﻿(a)﻿(iii) amended 1 July 2012 section 57(7) Electoral (Administration) Amendment Act 2011 Section 35(1)﻿(b) replaced 30 July 2000 section 15(1) Juries Amendment Act 2000 Section 35(1)﻿(b)﻿(iii) inserted 29 April 2013 section 19 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 35(1)﻿(c) replaced 30 July 2000 section 15(1) Juries Amendment Act 2000 Section 35(1)﻿(d) replaced 4 October 2010 section 11(5) Juries Amendment Act 2008 Section 35(1)﻿(d) amended 29 April 2013 section 12(1) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 35(1)﻿(d)﻿(ii) amended 29 April 2013 section 12(2) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 35(1)﻿(d)﻿(iii) inserted 29 April 2013 section 12(3) Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 Section 35(1)﻿(da) inserted 4 October 2010 section 11(5) Juries Amendment Act 2008 Section 35(1)﻿(e) replaced 30 July 2000 section 15(1) Juries Amendment Act 2000 Section 35(1)﻿(f) replaced 30 July 2000 section 15(1) Juries Amendment Act 2000 Section 35(1)﻿(fa) inserted 30 July 2000 section 15(1) Juries Amendment Act 2000 Section 35(1A) inserted 30 July 2000 section 15(2) Juries Amendment Act 2000 Section 35(1B) inserted 30 July 2000 section 15(2) Juries Amendment Act 2000 Section 35(2) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 35(2) amended 30 July 2000 section 15(3) Juries Amendment Act 2000 Section 35(2) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 35(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
36: Transitional
For the purposes of the first compilation of jury lists after 1 January 1982,—
a: section 9(1) 1 November in every year 1 March 1982
b: section 10(1) 1 December 1 May
36A: Purpose and application of 2012 amendments on jury service
1: The purpose of Part 1
a: disqualifies from jury service a person who, at any time within the preceding 5 years, has been sentenced to home detention for a period that is, or is more than, 3 months; and
b: requires a person on whom a court has imposed a sentence of home detention for a period of less than 3 months and who is summoned to serve as a juror on an occasion in a week during which he or she will be subject to the sentence to be permitted to defer that person's attendance to serve as a juror to a date after the person has ceased to be subject to the sentence, or to be excused from serving as a juror on that occasion; and
c: ensures that the Registrar has a discretion or duty to excuse a person summoned to attend as a juror on any occasion from attending not only on that occasion, but also in any court on any occasion, and also that a person who the Registrar has excused from jury service permanently is no longer, unless that permanent excusal is cancelled, qualified and liable to serve as a juror.
2: The amendments made to this Act by a provision of that Part apply only to a person's attendance to serve as a juror on an occasion after that provision's commencement, but apply to any such attendance even if that person was summoned to attend, sentenced to home detention, or both, before that commencement. Section 36A inserted 29 April 2013 section 13 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
36B: Purpose and application of 2012 amendments on protection of particulars of jury list information
1: The purpose of Part 2
a: helps to maintain jurors' privacy, safety, and security by protecting particulars of jury list information; but also
b: ensures that parties to proceedings have available to them processes, and enough information, to enable them to exercise effectually their rights under this Act to challenge persons selected as jurors.
2: This Act applies to panels compiled before the commencement of that Part as if that Part had not been enacted.
3: Defendant section 14AB(5) section 7 Schedule accused Section 36B inserted 29 April 2013 section 20 Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012
37: Repeals and savings
1: The enactments specified in the Schedule
2: The repeal by subsection (1) 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. Temporary provisions in respect of COVID-19 Heading inserted 21 April 2022 section 3 COVID-19 Response (Courts Safety) Legislation Act 2022
38: Application of temporary provisions in Schedule 2
When temporary provisions apply
1: The temporary provisions set out in clauses 1 4 to 15 17 20 21 23
a: beginning with the commencement of this section; and
b: ending with the repeal of the COVID-19 Public Health Response Act 2020
2: The temporary provisions set out in clauses 3(2) 22
a: beginning with the repeal of the COVID-19 Public Health Response Act 2020
b: ending on the second anniversary of the date on which the COVID-19 Public Health Response Act 2020
3: The temporary provisions set out in clauses 2 3(1) 16 18 19 24
a: beginning with the commencement of this section; and
b: ending on the second anniversary of the date on which the COVID-19 Public Health Response Act 2020 Effect of temporary provisions
4: The temporary provisions have the following effect while they apply:
a: clause 1 section 2
b: clause 2 section 12A
c: clause 3 section 13
d: clauses 4 to 12
e: clause 13 section 14B(2)﻿(a)
f: clauses 14 to 22
g: clause 23 section 18
h: clause 24 section 33
i: clauses 25 26
5: If a temporary provision in Schedule 2
a: the application of the provision in the body of this Act is suspended; and
b: the provision in the body of this Act ceases to apply with respect to any relevant matter that arose before the commencement of this section.
6: If a temporary provision is inconsistent with a provision in the body of this Act, the temporary provision prevails.
7: To avoid doubt, a cross-reference in this Act or any other enactment or document to a provision in the body of this Act specified in subclause (4) is to be treated as a cross-reference to the corresponding replacement provision on or after the commencement of this section. 2014 No 71 s 4 Section 38 inserted 21 April 2022 section 3 COVID-19 Response (Courts Safety) Legislation Act 2022
39: Repeal of temporary provisions in Schedule 2 and revocation
1: Clauses 1 4 to 15 17 20 21 23 25 COVID-19 Public Health Response Act 2020
2: This section, section 38 Schedule 2 COVID-19 Public Health Response Act 2020
3: A protocol made under clause 4 COVID-19 Public Health Response Act 2020 2024-11-26 Juries Act 1981 Schedule 2 clauses 1, 4 to 15, 17, 20, 21, 23, and 25 (see s 39(1)). 2026-11-26 Juries Act 1981 Sections 38 and 39, the cross-heading above section 38, and remainder of Schedule 2 (see s 39(2)). note: see additional text in amends note for repeal of COVID-19 Public Health Response Act 2020 (Doreen 8/12/22) Section 39 inserted 21 April 2022 section 3 COVID-19 Response (Courts Safety) Legislation Act 2022