Juries Amendment Act 2008 Amendment Act 2010

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Juries Amendment Act 2008 Amendment Act 2010

Public Act2010 No 70
Date of assent6 July 2010
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Juries Amendment Act 2008 Amendment Act 2010.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
4 Jury districts
  • (1) Section 4 is amended by inserting the following subsection before subsection (1):

    • (1AA) Section 5(1) is amended by adding (in this section referred to as a High Court jury district).

    (2) Section 4(1) is amended by omitting if the jury district is a District Court jury district, from new section 5(3)(b) of the Juries Act 1981.

    (3) Section 4(3) is repealed and the following subsection substituted:

    • (3) Section 5 is amended by repealing subsection (4) and substituting the following subsection:

      • “‘(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 given on the advice of the Minister of the Crown who is responsible for the Ministry of Justice, in such a way as to ensure that—

        • “‘(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 New sections 14B and 14C inserted
  • (1) Section 11(1) is amended by repealing subsection (1) of new section 14B of the Juries Act 1981 and substituting the following new subsection:

    • (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) Section 11(1) is amended by repealing subsection (1) of new section 14C of the Juries Act 1981 and substituting the following new subsection:

    • (1) After accepting an application under section 14B, the Registrar must—

      • (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 was made; and

      • (b) promptly delete the person's details from the panel that was—

        • (i) compiled under section 13(1); and

        • (ii) the basis of the issue of that summons; and

      • (c) if a later panel is compiled under section 13(1) because jury trials are to be held in the court and that later panel is so compiled at a time that enables the person to be summoned for jury service at a time within the period specified for the person under section 14B(1)(b), ensure the person's details are included, in accordance with the jury rules, in that later panel and promptly issue under section 13(1), and on the basis of that later panel, a replacement summons that states a time within that period; and

      • (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) and therefore that it is unnecessary to compile under section 13(1) a later panel at a time that would enable the person to be summoned to attend for jury service at a time within that period, promptly serve on the person, in accordance with the jury rules, written notice that the person is no longer liable to serve as a juror as a result of the summons in relation to which the application under section 14B was made.

    (3) Section 11(2) is amended by repealing paragraph (a) of new section 13(3A) of the Juries Act 1981 and substituting the following new paragraph:

    • (a) the Registrar has, following an application under section 14B, permitted the person to defer that person's jury service and—

      • (i) the person is summoned under a replacement summons issued under section 14C(1)(c) (in which case the person is liable to serve until the end of the week for which the person is summoned under the replacement summons); or

      • (ii) the Registrar has served on the person a written notice under section 14C(1)(d) (in which case the person is no longer liable to serve as a juror as a result of the summons in respect of which the application under section 14B was made); or.

    (4) Section 11(5) is repealed and the following subsection substituted:

    • (5) Section 35(1) is consequentially amended by repealing paragraph (d) and substituting the following new paragraphs:

      • “‘(d) prescribing the method or methods by which either or both of the following applications can be made:

        • “‘(i) an application under section 14B for deferral of jury service:

        • “‘(ii) an application under section 15 or 16 to be excused from jury service:

      • “‘(da) prescribing the method or methods of service for a written notice under section 14C(1)(d):’”.


Legislative history

29 June 2010Divided from Statutes Amendment Bill by committee of the whole House, third reading
6 July 2010Royal assent

This Act is administered by the Ministry of Justice.