Jury Amendment Rules 2000

2000/100

Jury Amendment Rules 2000


Note

These rules are administered in the Department for Courts.


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

1 Title
  • (1) These rules are the Jury Amendment Rules 2000.

    (2) In these rules, the Jury Rules 19901 are called the principal rules.

2 Commencement
  • These rules come into force on 30 July 2000.

3 New rules 3 to 8 substituted
  • The principal rules are amended by revoking rules 3 to 9, and substituting the following rules:

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

    4 Form of jury lists
    • (1) Every jury list provided by the Chief Registrar of Electors 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 Chief Registrar of Electors need provide the jury list only on paper, or only in electronic form.

    Selecting and preparing panels

    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.

    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.

      (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 the list of names recorded, along with the address, occupation, and date of birth of each person whose name is on the list.

    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.

      (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 the list of names selected, along with the address, occupation, and date of birth of each person whose name is on the list.

    8 Preparation of final panel in both manual selection and electronic selection courts
    • (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 Department for Courts.

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

4 New Schedule 1 substituted
  • The principal rules are amended by revoking Schedule 1, and substituting Schedule 1 set out in the Schedule.

5 Revocation
  • The Jury Amendment Rules 1997 (SR 1997/19) are revoked.


Schedule 1
New Schedule 1 Substituted

r 4

First Schedule
Forms

Form 1
Jury summons

r 10(2)

Date:

To: [Name and address]

.

Jury summons 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] and for the rest of that week, if required, at the same place and time. If you do not attend you may be liable to a fine under the Juries Act 1981, unless you have been excused from attending. Registrar

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?

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules amend the Jury Rules 1990. They come into force on 30 July 2000, which is the date on which the Juries Amendment Act 2000 comes into force.

Clause 3 of the rules substitutes new rules 3 to 8. They set out the procedure for obtaining jury lists and finalising jury panels. The new rules—

  • allow the Chief Registrar of Electors to provide jury lists (taken from the electoral roll) in electronic form:

  • provide that courts must be designated either as electronic selection courts or as manual selection courts:

  • set out the methods by which final jury panels are determined in each type of court.

Clause 4 substitutes a new Schedule 1, which contains the forms for the jury summons, and the juror's oath.


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

Date of notification in Gazette: 15 June 2000.


  • 1 SR 1990/226