Juries Amendment Act 2000

Reprint
as at 4 October 2010

Juries Amendment Act 2000

Public Act2000 No 2
Date of assent29 February 2000

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 and the Department for Courts.


1 Title
  • (1) This Act is the Juries Amendment Act 2000.

    (2) In this Act, the Juries Act 1981 is called the principal Act.

2 Commencement
  • This Act comes into force on 30 July 2000.

3 Interpretation
  • (1) Section 2 of the principal Act is amended by inserting, in their appropriate alphabetical order, the following definitions:

    chief executive means the chief executive of the Department for Courts

    physical disability includes visual or aural impairment.

    (2) Section 2 of the principal Act is amended by repealing the definitions of the terms general electoral district and Maori electoral district.

4 Disqualification
  • Section 7(b) of the principal Act is amended by omitting the words borstal training, and substituting the words corrective training.

5 New section 6 substituted
  • The principal Act is amended by repealing section 6, and substituting the following section:

    6 Qualification and liability
    • Every person who is currently registered as an elector in accordance 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.

6 Certain persons not to serve
  • (1) Section 8 of the principal Act is amended by omitting from paragraph (c) the words Judges and members of the Arbitration Court, and substituting the words Masters of the High Court, Judges of the Employment Court.

    (2) Section 8 of the principal Act is amended by repealing paragraph (h), and substituting the following paragraphs:

    • (h) an employee of the Public Service who is employed—

      • (i) in the Ministry of Justice; or

      • (ii) in the Department of Corrections; or

      • (iii) in the head office of the Department for Courts; or

      • (iv) as an officer of the High Court or of a District Court; or

    • (ha) 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 36G of that Act; or

    • (hb) a security officer within the meaning of section 2(1) of the Penal Institutions Act 1954.

    (3) Section 8(j) of the principal Act is repealed.

7 New sections 9 to 12A substituted
  • The principal Act is amended by repealing sections 9 to 12, and substituting the following sections:

    9 Preparation of jury lists
    • (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.

      (2) 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

      • (b) the date by which the list is required.

      (3) 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) 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 of the Electoral Act 1993 that his or her name, residence, and occupation not be published.

    10 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.

    11 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.

    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 Registrar's staff.

      (3) The chief executive must ensure that jury lists forwarded to him or her under section 10 are kept confidential to—

      • (a) the chief executive; and

      • (b) staff of the Department for Courts who are authorised by the chief executive to have access to the lists.

      (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.

    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; or

      • (b) disqualified according to section 7; or

      • (c) not to serve on any jury according to section 8; or

      • (d) otherwise prevented or excused from serving on a jury by this Act or by order of a Judge; or

      • (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.

8 Summoning of jurors
  • Section 13 of the principal Act is amended by repealing subsection (1), and substituting the following subsection:

    • (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.

9 Registrar may excuse from jury service
  • (1) [Repealed]

    (2) Section 15(2) of the principal Act is amended by inserting, after paragraph (a), the following paragraph:

    • (aa) is of or over the age of 65; or.

    Section 9(1): repealed, on 4 October 2010, by section 12(2) of the Juries Amendment Act 2008 (2008 No 40).

10 New section 16AA inserted
  • The principal Act is amended by inserting, after section 16, the following section:

    16AA Judge may discharge summons of person with physical 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 physical disability, the person is not capable of acting effectively as a juror.

      (2) A discharge may apply to the whole period for which the person is summoned, or to a particular proceeding.

      (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 Registrar's staff who is involved in, or responsible for, the administration 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.

11 New section 18 substituted
  • The principal Act is amended by repealing section 18, and substituting the following section:

    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.

12 Judge may discharge juror
  • Section 22 of the principal Act is amended by repealing subsection (1), and substituting the following subsections:

    • (1) 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

      • (b) the juror is not capable of acting effectively as a juror in the proceedings because of physical 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.

    • (1B) If a juror is discharged under this section, the Judge may require a further juror to be selected from the panel and be sworn in accordance with sections 18 and 20.

13 Challenges for cause
  • Section 25 of the principal Act is amended by repealing subsection (1), and substituting the following subsection:

    • (1) In addition to the right to challenge under sections 23 and 24, each party to the proceedings is entitled to any number of challenges for cause on the ground that—

      • (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 physical disability.

14 Failure to attend
  • Section 32(1) of the principal Act is amended by repealing paragraph (a), and substituting the following paragraph:

    • (a) fails without reasonable excuse to attend for service as required by the summons; or.

15 Jury rules
  • (1) Section 35(1) of the principal Act is amended by repealing paragraphs (a) to (f), and substituting the following paragraphs:

    • (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 Chief Registrar of Electors, the chief executive, Registrars, and other persons:

      • (iv) 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—

      • (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:

    • (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 a person who has been summoned can apply to be excused from attendance:

    • (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:.

    (2) Section 35 of the principal Act is amended by inserting, after subsection (1), the following subsections:

    • (1A) Where rules made under paragraphs (b), (c), or (f) of subsection (1) prescribe more than one 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 includes the specifications of a method.

    (3) Section 35(2) of the principal Act is amended by omitting the words subsection (1) of.

16 Consequential repeals
  • The following provisions are consequentially repealed:

    • (a) subsections (1) and (2) of section 23 of the Penal Institutions Amendment Act 1985:

    • (b) section 4 of the Juries Amendment Act 1994.

17 Transitional provisions
  • (1) Nothing in this Act affects the validity of any jury list or jury panel that was prepared and in use immediately before the commencement of this Act.

    (2) Nothing in this Act affects the validity of the composition of any jury that was constituted before the commencement of this Act and continued to serve after that date.

    (3) The validity of a summons that is issued under the principal Act before the commencement of this Act, and is intended to continue to have effect after that date, is not affected by anything in this Act.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Juries Amendment Act 2000. The eprint incorporates all the amendments to the Act as at 4 October 2010. 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 that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)