Justices of the Peace Act 1957

1: Short Title and commencement
1: This Act may be cited as the Justices of the Peace Act 1957.
2: This Act shall come into force on 1 April 1958.
2: Interpretation
In this Act, unless the context otherwise requires,— judicial power or function
a: discharging or purporting to discharge (or failing, refusing, or purporting to refuse, to discharge) responsibilities of a judicial nature vested in Justices; or
b: issuing, or failing or refusing to issue, a warrant Justice
a: by virtue of being appointed a Justice of the Peace for New Zealand under section 3(1)
b: by virtue of being a District Court Judge, a Judge of the Maori Land Court, the chairperson of a regional council, or the mayor of a territorial authority Minister Secretary working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 20 December in any year and ending with 15 January in the following year. Section 2 replaced 15 April 2007 section 4 Justices of the Peace Amendment Act 2007 Section 2 working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
2A: Act binds the Crown
This Act binds the Crown. Section 2A inserted 15 April 2007 section 4 Justices of the Peace Amendment Act 2007
3: Appointment of Justices of the Peace
1: The Governor-General may, by Warrant under his or her hand, appoint any person to be a Justice of the Peace for New Zealand.
2: A person may not be appointed as a Justice unless he or she has completed training, approved by the Secretary, in the exercise and performance of the powers and functions of a Justice.
3: The Secretary—
a: must publish in the Gazette subsection (1)
b: may publish in the Gazette subsection (1)
4: Publication in the Gazette Section 3 replaced 15 April 2007 section 4 Justices of the Peace Amendment Act 2007
3A: Appointed Justices continue in office
Every Justice appointed under section 3(1)
a: dies; or
b: retires or resigns, by notice in writing to the Secretary; or
c: ceases to be a Justice by the operation of section 5B(1) 8(1)﻿(b) Section 3A inserted 15 April 2007 section 4 Justices of the Peace Amendment Act 2007
3B: Justices to undertake training before exercising judicial power or function
1: A Justice (other than a District Court Judge or a Judge of the Maori Land Court) must not exercise or perform any judicial power or function unless he or she has completed training in the exercise and performance of judicial powers and functions to the satisfaction of the Chief District Court Judge.
2: Subsection (1) Justices of the Peace Amendment Act 2007 Section 3B inserted 15 April 2007 section 4 Justices of the Peace Amendment Act 2007
3C: Use of designation
JP (retired)
1: On or after retiring or resigning as a Justice, a former Justice appointed under section 3(1) JP (retired)
2: The Secretary must publish in the Gazette JP (retired)
a: had served as a Justice for less than 10 years; or
b: before retiring or resigning as a Justice, without reasonable excuse,—
i: had abandoned the performance of the functions of a Justice; or
ii: had from time to time failed or refused to perform the functions of a Justice; or
c: retired or resigned while suspended from office; or
d: retired or resigned to avoid being removed or suspended from office, or otherwise disciplined.
2A: Despite subsection (2)﻿(a), the Secretary may, by notice in the Gazette JP (retired)
3: No former Justice may use the designation JP (retired) Gazette
4: No person may use the designation JP (retired)
5: Subsection (1) section 3(1) Justices of the Peace Amendment Act 2007 Section 3C inserted 15 April 2007 section 4 Justices of the Peace Amendment Act 2007 Section 3C(2A) inserted 8 September 2018 section 64 Statutes Amendment Act 2018
4: Functions and powers of Justices
The functions and powers of Justices shall be—
a: to take oaths and declarations under the provisions of the Oaths and Declarations Act 1957
b: to carry out such functions and exercise such powers as are conferred on Justices by the Criminal Procedure Act 2011 Section 4(b) amended 1 July 2013 section 4 Justices of the Peace Amendment Act 2011
4A: Application of sections 4B to 4F
Sections 4B to 4F Section 4A inserted 1 July 2013 section 5 Justices of the Peace Amendment Act 2011
4B: No proceeding against Justice unless he or she acted without jurisdiction
1: No proceeding may be commenced against any Justice for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.
2: If a warrant to seize property or warrant of commitment is granted by a Justice in good faith in reliance on a conviction or order entered or made by 1 or more Justices or 1 or more Community Magistrates, no proceeding may be commenced against the Justice who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it. 1927 No 37 ss 341, 344, 345, 348; 1957 No 87 s 193 Section 4B inserted 1 July 2013 section 5 Justices of the Peace Amendment Act 2011
4C: No proceeding against Justice to be commenced in District Court
No proceeding against any Justice by any person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction may be commenced in the District Court 1927 No 37 s 353; 1957 No 87 s 194 Section 4C inserted 1 July 2013 section 5 Justices of the Peace Amendment Act 2011 Section 4C amended 1 March 2017 section 261 District Court Act 2016
4D: Onus of proof
In any proceeding commenced against a Justice by a person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it. 1927 No 37 s 365; 1957 No 87 s 195 Section 4D inserted 1 July 2013 section 5 Justices of the Peace Amendment Act 2011
4E: Plaintiff may be ordered to give security for costs
1: This section applies to any proceedings commenced against a Justice by a person claiming to have been injured by an act done by the Justice in excess of jurisdiction or without jurisdiction.
2: The High Court or any Judge of that court, on application by the Justice at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.
3: If security is ordered to be given, the court or Judge may direct that in the meantime all proceedings are stayed. 1927 No 37 ss 357, 359; 1957 No 87 s 196 Section 4E inserted 1 July 2013 section 5 Justices of the Peace Amendment Act 2011
4F: Indemnity to Justice
1: Subsection (2) applies to any Justice against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Justice in excess of jurisdiction or without jurisdiction.
2: The Justice must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Justice acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Justice ought fairly and reasonably to be excused.
3: Subsections (4) and (5) apply if a Justice settles a claim against him or her by paying or agreeing to pay an agreed amount of damages or costs before proceedings are commenced, or before or during trial of the proceeding.
4: The Justice must be indemnified by the Crown to the full amount paid or agreed to be paid if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Justice acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Justice ought fairly and reasonably to be excused; and
c: the amount paid or agreed to be paid was fair and reasonable.
5: If the High Court Judge is not satisfied of the matter in subsection (4)﻿(c), the Judge may issue the certificate in respect of any lesser sum that in the Judge's opinion is adequate to settle the plaintiff's claim, and in that case the Justice must be indemnified by the Crown to the amount specified in the certificate.
6: Application for a certificate under any of subsections (2), (4), or (5) may be made by a Justice at any time to a Judge in Chambers, and the Judge has power to grant the certificate after considering all evidence that is given before him or her either orally or in the form of affidavits.
7: A copy of the application must be served by the Justice on the Attorney-General, who is entitled to appear and oppose it. 1957 No 87 s 197 Section 4F inserted 1 July 2013 section 5 Justices of the Peace Amendment Act 2011
5: Removal or suspension of Justice from office
1: The Governor-General may, on the recommendation of the Minister, by notice in the Gazette
a: for misconduct; or
b: if the Justice—
i: is unable to perform his or her functions as a Justice; or
ii: has neglected or refused to perform his or her functions as a Justice; or
iii: has, while a Justice, been convicted of an offence punishable by imprisonment; or
iv: has, while a Justice, been adjudged bankrupt; or
v: has failed or refused to comply with a requirement under section 5D(1)
c: in the case of a removal, if the Justice has purported to exercise or perform a power or function of a Justice, knowing that he or she was suspended from office.
2: Subsection (1) Section 5 replaced 15 April 2007 section 5 Justices of the Peace Amendment Act 2007
5A: Minister to consult Chief District Court Judge before recommending removal or suspension of Justice exercising or performing judicial powers or functions
1: The Minister must not recommend the removal or suspension from office of a Justice who exercises or performs judicial powers or functions unless—
a: he or she has consulted the Chief District Court Judge about the Justice's proposed removal or suspension from office; and
b: the Chief District Court Judge has recommended to the Minister the Justice's removal or suspension (as the case may be) from office.
2: The Chief District Court Judge must not recommend a Justice's removal or suspension from office, unless—
a: the Chief District Court Judge has earlier reached a preliminary view that grounds may exist for recommending disciplinary action against the Justice, and has given the Justice written notice—
i: stating that grounds may exist for recommending disciplinary action; and
ii: stating the grounds on which the Chief District Court Judge reached that preliminary view; and
iii: stating that the Justice may, within 20 working days of receiving the notice, respond to the Chief District Court Judge in writing in respect of the matters contained in the notice; and
b: either the Chief District Court Judge—
i: has received and considered a written response from the Justice in respect of the matters contained in the notice; or
ii: has not, within 20 working days of the Justice receiving the notice, received from the Justice a written response in respect of the matters contained in the notice. Section 5A inserted 15 April 2007 section 5 Justices of the Peace Amendment Act 2007
5B: Effect of removal
1: A person removed from the office of Justice ceases to be a Justice on the day after the date of the publication of the notice under section 5(1)
2: If a person to whom subsection (1) applies is or becomes a chairperson of a regional council or a mayor of a territorial authority, that person—
a: on ceasing to be a Justice, is no longer a Justice by virtue of being a chairperson or mayor; and
b: does not become a Justice again if later elected or appointed (or re-elected or reappointed) chairperson of a regional council or mayor of a territorial authority.
3: Subsections (1) and (2) override section 41(4) Section 5B inserted 15 April 2007 section 5 Justices of the Peace Amendment Act 2007
5C: Effect of suspension
1: The suspension of a Justice begins on the day after the date of the publication of the notice under section 5(1)
2: While a Justice is suspended,—
a: every enactment other than this Act applies as if he or she is not a Justice; and
b: he or she must not purport to exercise or perform any of the powers or functions of a Justice.
3: Subsection (2)
4: Subsections (2) and (3) override section 41(4) Section 5C inserted 15 April 2007 section 5 Justices of the Peace Amendment Act 2007
5D: Other action in respect of Justices
1: The Governor-General may, on the recommendation of the Minister, direct the Minister to take in respect of a Justice (other than a person who is a Justice by virtue of being a District Court Judge or a Judge of the Maori Land Court) 1 or more of the following actions:
a: give the Justice an official written rebuke:
b: by written notice to the Justice, require the Justice to apologise to a person or people stated in the notice, in writing, for behaviour stated in the notice:
c: by written notice to the Justice, require the Justice to undertake training (or further training), provided by a provider stated in the notice, in an aspect of the performance of the Justice's functions as a Justice stated in the notice:
d: by written notice to the Justice, require the Justice to receive counselling (or further counselling), provided by a provider stated in the notice, of a kind stated in the notice.
2: The Minister must not recommend the giving of a direction under subsection (1)
a: has, since appointment as a Justice, behaved in a way that is inappropriate or undesirable for a Justice (otherwise than in relation to the exercise or performance of judicial powers or functions); or
b: has performed a function of a Justice while suspended from office; or
c: has neglected his or her functions as a Justice.
3: The Minister may take 2 or more of the actions stated in subsection (1) Section 5D inserted 15 April 2007 section 5 Justices of the Peace Amendment Act 2007
5E: Justices to be given particulars and opportunity to respond
1: In this section, disciplinary action section 5D(1)
2: The Minister must not recommend disciplinary action against a Justice, unless—
a: the Minister has earlier reached a preliminary view that grounds may exist for recommending disciplinary action against the Justice; and
b: the Minister is satisfied that the Secretary has given the Justice written notice—
i: stating that grounds may exist for recommending disciplinary action; and
ii: stating the grounds on which the Minister reached his or her preliminary view; and
iii: stating that the Justice may, within 20 working days of receiving the notice, respond to the Secretary in writing in respect of the matters contained in the notice; and
c: either—
i: the Secretary has received from the Justice a written response in respect of the matters contained in the notice, and the Minister has considered the response and any written comments on it from the Secretary; or
ii: the Minister is satisfied that the Secretary has not, within 20 working days of the Justice receiving the notice, received from the Justice a written response in respect of the matters contained in the notice. Section 5E inserted 15 April 2007 section 5 Justices of the Peace Amendment Act 2007
5F: Registrars and Official Assignees to notify convictions and bankruptcies
For the purposes of section 5
a: a Registrar of the High Court or the District Court
b: an Official Assignee (within the meaning of the Insolvency Act 1967 Section 5F inserted 15 April 2007 section 5 Justices of the Peace Amendment Act 2007 Section 5F(a) amended 1 March 2017 section 261 District Court Act 2016
6: Attendance of Justices at court
1: Every Registrar of the District Court section 7
2: When the attendance of Justices is required at any such court, the Registrar shall summon as many Justices as he thinks necessary to attend: provided that no Justice whose name is not on the list may be so summoned without his consent. 1927 No 37 ss 9, 11 1952 No 44 s 15 Section 6(1) replaced 15 April 2007 section 6 Justices of the Peace Amendment Act 2007 Section 6(1) amended 1 March 2017 section 261 District Court Act 2016
7: Justices exempt from attendance
1: The following persons who are Justices shall be exempt from attendance at the District Court
a: any Justice who has notified the Registrar in writing that he has attained the age of 70
b: any member of the House of Representatives:
c: any barrister or solicitor or medical practitioner in the actual practice of his profession:
d: any employee of the Crown.
2: In subsection (1) medical practitioner section 114(1)﻿(a) 1927 No 37 s 10 Section 7(1) amended 1 March 2017 section 261 District Court Act 2016 Section 7(1)﻿(a) amended 15 April 2007 section 7 Justices of the Peace Amendment Act 2007 Section 7(2) inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
8: Failure to attend
1: If a Justice fails to attend the District Court section 6(2)
a: the Registrar concerned must notify the Secretary of the second failure; and
b: unless within 20 working days after the date of the second failure the Justice (or some other person on the Justice's behalf) satisfies the Minister that the Justice had reasonable cause for the failures, the Justice ceases to be a Justice on a date fixed for the purpose by the Minister and notified in the Gazette
2: Section 5B(2) subsection (1)﻿(b)
3: In this section, fail Section 8 replaced 15 April 2007 section 8 Justices of the Peace Amendment Act 2007 Section 8(1) amended 1 March 2017 section 261 District Court Act 2016
9: Legality of acts done by person ceased to be a Justice
The legality of anything done by any person while he is a Justice shall not be affected by his ceasing to be a Justice; but anything done by any person after he has ceased to be a Justice in purported exercise of any of the powers or duties of a Justice shall be void.
10: Repeals
Amendment(s) incorporated in the Act(s).