Jury Rules 1990

Reprint
as at 29 April 2013

Coat of Arms of New Zealand

Jury Rules 1990

(SR 1990/226)

Paul Reeves, Governor-General

Order in Council

At Wellington this 3rd day of September 1990

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These rules are administered by the Ministry of Justice.


Pursuant to section 35 of the Juries Act 1981, His Excellency the Governor-General, acting on the advice of the Minister of Justice tendered after consultation with the Chief Justice, the Chief District Court Judge, and the President of the New Zealand Law Society, and by and with the advice and consent of the Executive Council, hereby makes the following rules.

Rules

1 Title and commencement
  • (1) These rules may be cited as the Jury Rules 1990.

    (2) These rules shall come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation
  • (1) In these rules, unless the context otherwise requires,—

    the Act means the Juries Act 1981

    coextensive jury districts means 2 jury districts comprising the same area, and that are—

    • (a) a High Court jury district constituted under section 5(1) of the Act; and

    • (b) a District Court jury district constituted under section 5(2) of the Act

    jury list, in relation to coextensive jury districts, includes a copy of the jury list for those districts.

    (2) For the purposes of rules 15 to 23, the term Registrar includes any officer of a court who is deputed by a Registrar of that court to perform the functions of the Registrar for the purposes of a particular trial.

    Rule 2(1) coextensive jury districts: substituted, on 4 October 2010, by rule 4 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 2(1) Secretary: revoked, on 1 July 1995, by section 12(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Jury lists

3 Requests for jury lists
  • Every request for a jury list made by the chief executive to the Electoral Commission under section 9 of the Act must clearly describe the jury district for which the list is required.

    Rule 3: substituted, on 30 July 2000, by rule 3 of the Jury Amendment Rules 2000 (SR 2000/100).

    Rule 3: amended, on 1 July 2012, by section 62(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

4 Form of jury lists
  • (1) Every jury list provided by the Electoral Commission under section 10 of the Act must include the following information about each person named on the list:

    • (a) full name:

    • (b) address:

    • (c) occupation:

    • (d) date of birth.

    (2) The names on the list must be arranged in alphabetical order, and be numbered consecutively starting from 1.

    (3) Jury lists must be provided to the chief executive—

    • (a) on paper; and

    • (b) in an electronic form that is accessible by the chief executive.

    (4) The chief executive may determine that, in respect of any jury district, the Electoral Commission need provide the jury list only on paper, or only in electronic form.

    Rule 4: substituted, on 30 July 2000, by rule 3 of the Jury Amendment Rules 2000 (SR 2000/100).

    Rule 4(1): amended, on 1 July 2012, by section 62(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

    Rule 4(4): amended, on 1 July 2012, by section 62(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Selecting and preparing panels

  • Heading: inserted, on 30 July 2000, by rule 3 of the Jury Amendment Rules 2000 (SR 2000/100).

5 Courts to be manual selection courts or electronic selection courts
  • (1) The chief executive must determine which courts are to be manual selection courts, and which are to be electronic selection courts.

    (2) A manual selection court is a court in which a manual method is used to select the names from the jury list that are to go onto the provisional panel.

    (3) An electronic selection court is a court in which an electronic method is used to select the names from the jury list that are to go onto the provisional panel.

    Rule 5: substituted, on 30 July 2000, by rule 3 of the Jury Amendment Rules 2000 (SR 2000/100).

6 Preparation of provisional panel in manual selection courts
  • (1) In a manual selection court, when the Registrar receives a copy of a jury list he or she must, in respect of each name on the list, prepare a card bearing the number assigned to that name under rule 4(2).

    (2) In the case of co-extensive jury districts, only the Registrar of the High Court (and not the Registrar of the District Court) need comply with subclause (1).

    (3) Whenever the Registrar is required, under section 13(1) of the Act, to compile a panel from the jury list, he or she must place all the numbered cards in a suitable container, and must then draw from the container, in a manner that ensures random selection, a sufficient number of cards to ensure enough jurors for the period in respect of which the panel is to be used.

    (3A) In determining, under subclause (3), what number of cards is sufficient to ensure enough jurors for the period in respect of which the panel is to be used, the Registrar must take into account the number of names (if any) included in the panel in accordance with subclause (6)(b).

    (3B) Despite subclause (3), if a numbered card is drawn from the container for the purposes of a panel compiled from the jury list, the Registrar must ensure that the card is not returned to the container and so cannot be drawn again for the purposes of any other panel compiled from that list.

    (4) As each card is drawn, the number on it must be recorded, and the card kept separate until sufficient cards have been drawn.

    (5) When sufficient cards have been drawn, the Registrar must record the names of persons corresponding to the numbers drawn.

    (6) The provisional panel is—

    • (a) the list of names recorded under this rule, along with the address, occupation, and date of birth of each person whose name is on that list; and

    • (b) the list of names (if any) the Registrar includes in the panel in accordance with section 14C(1)(c) of the Act, along with the address, occupation, and date of birth of each person whose name is on that list.

    Rule 6: substituted, on 30 July 2000, by rule 3 of the Jury Amendment Rules 2000 (SR 2000/100).

    Rule 6(3A): inserted, on 4 October 2010, by rule 5(1) of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 6(3B): inserted, on 4 October 2010, by rule 5(1) of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 6(6): substituted, on 4 October 2010, by rule 5(2) of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

7 Preparation of provisional panel in electronic selection courts
  • (1) In an electronic selection court, whenever the Registrar is required, under section 13(1) of the Act, to compile a panel from the jury list, he or she must arrange for the electronic selection of a sufficient number of names from the list to ensure enough jurors for the period in respect of which the panel is to be used.

    (1A) In determining, under subclause (1), what number of names from the list is sufficient to ensure enough jurors for the period in respect of which the panel is to be used, the Registrar must take into account the number of names (if any) included in the panel in accordance with subclause (4)(b).

    (1B) Despite subclause (1), if there is an electronic selection of a name for the purposes of a panel compiled from the jury list, the Registrar must ensure that the name is excluded from the electronic selection of names for the purposes of any other panel compiled from that list.

    (2) The selection of names from the jury list must be made using a computer program that ensures random selection.

    (3) If for any reason electronic selection is impracticable, the procedure described in rule 6 may be used to select the names to go onto the provisional panel.

    (4) The provisional panel is—

    • (a) the list of names selected under this rule, along with the address, occupation, and date of birth of each person whose name is on that list; and

    • (b) the list of names (if any) the Registrar includes in the panel in accordance with section 14C(1)(c) of the Act, along with the address, occupation, and date of birth of each person whose name is on that list.

    Rule 7: substituted, on 30 July 2000, by rule 3 of the Jury Amendment Rules 2000 (SR 2000/100).

    Rule 7(1A): inserted, on 4 October 2010, by rule 6(1) of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 7(1B): inserted, on 4 October 2010, by rule 6(1) of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 7(4): substituted, on 4 October 2010, by rule 6(2) of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

8 Preparation of final panel in both manual selection and electronic selection courts
  • (1AA) The jury list information about a person named on a jury list and on a panel that must be included on the panel (and that therefore is the panel information for the purposes of sections 2 and 13(1A) of the Act) is prescribed by this rule as all jury list information about the person except for the person's address.

    (1) The Registrar must check every provisional panel, and must delete from it the name of any person to whom any of paragraphs (a) to (e) of section 12A(1) of the Act applies.

    (2) The final jury panel is the provisional panel as modified by any deletions made under subclause (1).

    (3) For the purpose of finding out whether any person named on a provisional panel is disqualified from jury service under section 7 of the Act, the Registrar may, electronically or otherwise, compare the provisional jury panel with any databank of convicted persons held by the Ministry of Justice.

    (4) The Registrar must not keep records of persons who are disqualified from jury service under section 7 of the Act.

    Rule 8: substituted, on 30 July 2000, by rule 3 of the Jury Amendment Rules 2000 (SR 2000/100).

    Rule 8(1AA): inserted, on 29 April 2013, by rule 4 of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

    Rule 8(3): substituted, on 4 October 2010, by rule 7 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

9 Registrar to check provisional panel and draw up final panel
  • [Revoked]

    Rule 9: revoked, on 30 July 2000, by rule 3 of the Jury Amendment Rules 2000 (SR 2000/100).

Attendance, deferral, and excusal

  • Heading: amended, on 4 October 2010, by rule 8 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

10 Registrar to summon jurors
  • (1) The Registrar shall summons each juror on the panel at least 10 clear days before the date on which the juror is required to attend the court.

    (2) Every such summons must be in form 1 of Schedule 1 unless it is a replacement jury summons issued in accordance with section 14C(1)(c) of the Act after a deferral of jury service, in which case it must be in form 1A of Schedule 1.

    (3) Service of a summons may be effected in any of the following ways:

    • (a) by personal service:

    • (b) by ordinary post, addressed to the juror at the address shown on the jury list, or by leaving it at that address:

    • (c) by registered post, addressed to the juror at that address.

    (4) Personal service may be proved by affidavit or upon oath at the hearing.

    (5) Where service is effected by registered post, the summons shall, in the absence of evidence to the contrary, be deemed to have been served on the juror when the letter would have been delivered in the ordinary course of post; and in proving service it shall be sufficient to prove that the summons was properly addressed and posted.

    (6) Subclauses (1) and (3) to (5) apply to a replacement summons issued in accordance with section 14C(1)(c) of the Act after a period of deferral in the same way as they apply to any other summons issued under section 13(1) of the Act.

    (7) Subclauses (3) to (5) apply to a written notice under section 14C(1)(d) of the Act (that is, a written notice that a person is no longer liable to serve as a juror as a result of the summons in respect of which an application for deferral of jury service was made under section 14B of the Act) in the same way as they apply to a summons issued under section 13(1) of the Act.

    Rule 10(2): substituted, on 4 October 2010, by rule 9(1) of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 10(6): added, on 4 October 2010, by rule 9(2) of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 10(7): added, on 4 October 2010, by rule 9(2) of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

11 Excusal from, or deferral of, jury service
  • (1) The Registrar must consider the application promptly, and inform the applicant of the Registrar's decision as soon as practicable, if a person summoned for jury service applies to the Registrar to—

    • (a) defer that person's jury service under section 14B of the Act; or

    • (b) be excused from jury service under section 15 or 15A of the Act; or

    • (c) have cancelled under section 15A(3) of the Act the person's permanent excusal under section 15A(2) of the Act.

    (2) Nothing in this rule limits or affects the Registrar's powers under sections 14C(4) and 15(1B) of the Act.

    (3) If the Registrar declines the application, the Registrar must inform the applicant promptly of the applicant's right of appeal against that decision under section 14C(2) of the Act or, as the case requires, section 15(4) or 15A(5) of the Act.

    (4) If the applicant wishes to appeal, the applicant may—

    • (a) make oral submissions on the matter to a Judge; or

    • (b) require the Registrar to place a written application before a Judge, in which case the Registrar must refer the document to a Judge as soon as practicable.

    (5) When an appeal is determined, the Judge must give his or her decision, or cause his or her decision to be given, to the appellant promptly in any manner the Judge thinks fit.

    (6) No summoned person's liability to attend at the appointed time, or liability to serve as a juror, is limited or affected by this rule or merely because the person has—

    Rule 11: substituted, on 4 October 2010, by rule 10 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 11(1)(b): amended, on 29 April 2013, by rule 5(1) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

    Rule 11(1)(b): amended, on 29 April 2013, by rule 5(2) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

    Rule 11(1)(c): inserted, on 29 April 2013, by rule 5(3) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

    Rule 11(3): amended, on 29 April 2013, by rule 5(4) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

    Rule 11(6)(a): amended, on 29 April 2013, by rule 5(5) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

    Rule 11(6)(b): amended, on 29 April 2013, by rule 5(6) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

12 Registrar to compile and keep record of jurors summoned
  • (1) The Registrar must compile a record of every person summoned for jury service.

    (2) The record must include, for every person summoned for jury service,—

    • (a) the person's full name, address, occupation, and date of birth, and details of the summons:

    • (b) details, recorded in accordance with section 14C(1)(a) of the Act, of the exercise of the power under section 14B(1) to permit deferral of jury service in respect of the summons:

    • (c) details of any excusal from jury service under section 15 or 15A or 16 of the Act, and details of any cancellation under section 15A(3) of the Act of any former permanent excusal under section 15A(2) of the Act.

    (3) The Registrar must keep the record for at least 2 years after it was most recently compiled.

    Rule 12: substituted, on 4 October 2010, by rule 10 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 12(2)(c): amended, on 29 April 2013, by rule 6(a) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

    Rule 12(2)(c): amended, on 29 April 2013, by rule 6(b) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

13 Registrar to prepare jury cards
  • (1) This rule applies to a juror at any time if at that time the juror—

    • (a) has been summoned for jury service; and

    • (b) has not been permitted to defer his or her jury service under section 14B of the Act; and

    • (c) has not been excused from jury service under section 15 or 15A or 16 of the Act, or has had cancelled under section 15A(3) of the Act his or her former permanent excusal under section 15A(2) of the Act; and

    • (d) has not had his or her summons discharged under section 16AA of the Act.

    (2) The Registrar must prepare a separate jury card in respect of each juror to whom this rule applies and place the cards in a suitable receptacle, to be known as the principal ballot box.

    Rule 13: substituted, on 4 October 2010, by rule 10 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

    Rule 13(1)(c): amended, on 29 April 2013, by rule 7(a) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

    Rule 13(1)(c): amended, on 29 April 2013, by rule 7(b) of the Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43).

14 Jurors to assemble in court precincts
  • The jurors summoned to attend a court at a particular time shall assemble at that time in the area of the court precincts designated for the purpose by the Registrar.

Constitution of juries

15 Preliminary balloting of jurors
  • (1) Subject to rule 18, where a jury is required for a particular trial, the Registrar shall, in the presence of the available jurors and of any party who wishes to be present, draw out of the principal ballot box, in such a manner as to ensure random selection, a sufficient number of jury cards.

    (2) The cards drawn out of the principal ballot box in accordance with subclause (1) shall, at the place where they are so drawn out, be placed by the Registrar in the courtroom ballot box.

16 Escorting of jurors to courtroom
  • Where the preliminary balloting of jurors under rule 15 takes place out of the courtroom in which the trial is to be held, the Registrar shall, when that balloting has been completed, escort the balloted jurors to that courtroom.

17 Balloting of jurors
  • Where cards drawn out of the principal ballot box, have, in accordance with rule 15(2), been placed in the courtroom ballot box, the Registrar shall in open court, and in the presence of the parties, draw out of the courtroom ballot box, in such a manner as to ensure random selection, the number of jury cards sufficient to constitute the jury.

18 Judge may dispense with preliminary balloting
  • (1) The trial Judge may in respect of any particular trial direct that the provisions of rule 15 shall not apply, in which case the provisions of subclause (2) shall apply.

    (2) Where the trial Judge directs, in respect of any particular trial, that the provisions of rule 15 shall not apply, the Registrar shall in open court, and in the presence of the available jurors and of the parties, draw out of the principal ballot box, in such a manner as to ensure random selection, the number of jury cards sufficient to constitute the jury.

19 Calling of jurors
  • (1) Each juror shall be called as his or her name is drawn in accordance with rule 17 or rule 18(2).

    (2) As a juror is called, he or she shall move forward and take his or her seat unless challenged or ordered to stand by.

20 Insufficiency of jurors
  • If, after all proper challenges have been allowed, there are insufficient jurors to constitute a jury, the Registrar shall ballot further jurors in accordance with—

    as the case may require, and so on until sufficient jurors remain after all such challenges have been allowed.

21 Excess of jurors
  • The jury cards balloted in accordance with rule 15(1) or rule 18(2) but not required for a particular trial shall be returned to the principal ballot box.

22 Form and manner of juror's oath or affirmation
  • The juror's oath (or affirmation) must be—

    • (a) in form 2 of Schedule 1; and

    • (b) taken (or made) in open court.

    Rule 22: substituted, on 4 October 2010, by rule 11 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

23 Cards kept apart until verdict recorded or jury discharged
  • The cards of the persons who constitute the jury shall be kept apart until the jury’s verdict has been given or the jury has been discharged.

24 Prescription and supply of information to accompany jury summons
  • (1) The chief executive of the Ministry of Justice may from time to time prescribe information necessary or desirable for the purposes of the Act and these rules to be printed on or delivered with every summons served under rule 10.

    (2) However, the service of a summons to be served under rule 10 must not be treated as ineffectual merely because any information so prescribed was not printed on or delivered with the summons.

    (3) This rule overrides rule 10.

    Rule 24: substituted, on 4 October 2010, by rule 12 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

Miscellaneous provisions

25 Security for costs of view in civil case
  • The Registrar shall fix the amount of a deposit required under section 29(1) of the Act to be made in respect of the expenses of a view in a civil case as the sum that the Registrar reasonably considers to be sufficient to cover the travelling expenses of the Judge, the jurors, the parties and their counsel, and any other person that the Judge directs to attend the view.

26 Fee for jury in civil cases
  • The fee payable in a civil case under section 31 of the Act for every day or part of a day on which the jury serves shall be as follows:

     $
    • (a) for the first day or part of a day

    800
    • (b) for each subsequent day or part of a day

    400

    Regulation 26: substituted, on 8 October 1991, by regulation 2 of the Jury Rules 1990, Amendment No 1 (SR 1991/184).

27 Accommodation, refreshment, and meals
  • During any trial, the Registrar shall provide the jurors with such accommodation, refreshment, and meals as the Judge may think fit to direct.

28 Jurors’ fees and expenses
  • (1) The following fees are payable to a juror for every day before the sixth day (during a single period of jury service) on which the juror attends the court when duly summoned:

    • (a) $31 if—

      • (i) the juror has to attend the court for not more than 3 hours; and

      • (ii) the Registrar is not satisfied the juror will be absent from work for a full day because of attending the court:

    • (b) $62 if—

      • (i) the juror has to attend the court for not more than 3 hours; but

      • (ii) the Registrar is satisfied the juror will be absent from work for a full day because of attending the court:

    • (c) $62 if the juror—

      • (i) has to attend the court for more than 3 hours; but

      • (ii) does not have to attend the court after 6 pm:

    • (d) $89 if the juror—

      • (i) has to attend the court for more than 3 hours; and

      • (ii) has to attend after 6 pm but not after 9 pm:

    • (e) $127 if the juror—

      • (i) has to attend the court for more than 3 hours; and

      • (ii) has to attend after 9 pm.

    (2) The following fees are payable to a juror for every day after the fifth day (during a single period of jury service) on which the juror attends the court when duly summoned:

    • (a) $40 if—

      • (i) the juror has to attend the court for not more than 3 hours; and

      • (ii) the Registrar is not satisfied the juror will be absent from work for a full day because of attending the court:

    • (b) $80 if—

      • (i) the juror has to attend the court for not more than 3 hours; but

      • (ii) the Registrar is satisfied the juror will be absent from work for a full day because of attending the court:

    • (c) $80 if the juror—

      • (i) has to attend the court for more than 3 hours; but

      • (ii) does not have to attend the court after 6 pm:

    • (d) $114 if the juror—

      • (i) has to attend the court for more than 3 hours; and

      • (ii) has to attend after 6 pm but not after 9 pm:

    • (e) $163 if the juror—

      • (i) has to attend the court for more than 3 hours; and

      • (ii) has to attend after 9 pm.

    (3) The chief executive of the Ministry of Justice may, if satisfied in a particular case that it is desirable to do so, increase a sum otherwise payable under subclause (1) or (2).

    (4) The following expenses are payable to a juror for travelling from home to attend the court when duly summoned, or returning home after attending the court when duly summoned:

    • (a) the actual cost of travelling by public transport (other than a taxi):

    • (b) the actual cost of travelling by taxi, if the Registrar is satisfied that there was no reasonably convenient other public transport available to the juror, and either—

      • (i) that the juror did not have convenient access to a private motor vehicle; or

      • (ii) that the use of a taxi and avoidance of parking costs was, in the circumstances, more convenient than the use of a private motor vehicle:

    • (c) an allowance of 38 cents per kilometre or part of a kilometre if—

      • (i) the juror does not travel between the court and the juror’s home by taxi or other public transport; and

      • (ii) the distance between the court and the juror’s home by the most convenient route is more than 3 kilometres.

    (5) The actual and reasonable costs of car-parking are payable to a juror who attends the court when duly summoned if the Registrar—

    • (a) is satisfied that there is no reasonably convenient free car-parking; and

    • (b) is satisfied of the amounts paid.

    (6) The actual and reasonable costs of childcare provided for children in the care of a juror who attends the court when duly summoned are payable to the juror if the Registrar—

    • (a) is satisfied that the costs were incurred because the juror had to attend the court, travel to and from the court, or both; and

    • (b) is satisfied of the amounts paid.

    (7) For the purposes of this rule, attending the court includes—

    • (a) attending a view; and

    • (b) travelling between the court and a view.

    Rule 28: substituted, on 13 September 2004, by rule 3 of the Jury Amendment Rules 2004 (SR 2004/233).

    Rule 28(3): substituted, on 4 October 2010, by rule 13 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

29 Fees inclusive of goods and services tax
30 Revocations
  • (1) The rules specified in Schedule 3 are hereby revoked.

    (2) Amendment(s) incorporated in the regulations.


Schedule 1
Forms

  • Schedule 1: substituted, on 30 July 2000, by rule 4 of the Jury Amendment Rules 2000 (SR 2000/100).

Form 1
Jury summons

r 10(2)

Section 13(1), Juries Act 1981

To [full name, address]

Your name has been randomly selected from the jury list. You are therefore required to attend for jury service—

at [name and address of court]

on [day and date]

at [time].

You must also attend for the rest of that week, if required, at the same place and time. If sworn to try a case that continues beyond the end of that week, you must continue to serve until the case is determined or you are discharged by the court.

If you fail to attend as required, or refuse or neglect to serve, you may be liable under the Juries Act 1981 to a fine of up to $1,000, or to arrest to secure your attendance. You may, however, apply to have this summons discharged, or to be permitted to defer your jury service, or to be excused from jury service.

Date:

Signature:

(Registrar)

  • Schedule 1 form 1: substituted, on 4 October 2010, by rule 14 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

Form 1A
Replacement jury summons

r 10(2)

Sections 13(1) and 14C(1)(c), Juries Act 1981

To [full name, address]

On [date] you were summoned to attend for jury service because your name was randomly selected from the jury list. On [date], your attendance for jury service was deferred until a time within the period [state start and end dates of period specified under section 14B(1)(b) of Act]. Your details were included in a later jury panel compiled at a time that has enabled you to be summoned for jury service within that period. You are therefore required to attend for jury service—

at [name and address of court]

on [day and date within that period]

at [time].

You must also attend for the rest of that week, if required, at the same place and time. If sworn to try a case that continues beyond the end of that week, you must continue to serve until the case is determined or you are discharged by the court.

If you fail to attend as required, or refuse or neglect to serve, you may be liable under the Juries Act 1981 to a fine of up to $1,000, or to arrest to secure your attendance. You may, however, apply to have this summons discharged, or to be excused from jury service.

Date:

Signature:

(Registrar)

  • Schedule 1 form 1A: inserted, on 4 October 2010, by rule 14 of the Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230).

Form 2
Juror’s oath

r 22

Members of the jury:

Do each of you swear by Almighty God (or solemnly, sincerely, and truly declare and affirm) that you will try the case before you to the best of your ability and give your verdict according to the evidence?

  • Schedule 1 form 2: substituted, on 30 July 2000, by rule 4 of the Jury Amendment Rules 2000 (SR 2000/100).

Schedule 2
Fees and expenses

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[Revoked]

  • Schedule 2: revoked, on 13 September 2004, by rule 4 of the Jury Amendment Rules 2004 (SR 2004/233).

Schedule 3
Rules revoked

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Jury Rules 1982 (SR 1982/77)

Jury Rules 1982, Amendment No 5 (SR 1987/195)

Jury Rules 1982, Amendment No 6 (SR 1988/145)

Jury Rules 1982, Amendment No 6 (SR 1989/17)

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 6 September 1990.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Jury Rules 1990. The reprint incorporates all the amendments to the rules as at 29 April 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)