Juries Amendment Act 1963
Juries Amendment Act 1963
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Juries Amendment Act 1963
Juries Amendment Act 1963
Public Act |
1963 No 141 |
|
Date of assent |
25 October 1963 |
|
Contents
An Act to amend the Juries Act 1908
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Juries Amendment Act 1963, and shall be read together with and deemed part of the Juries Act 1908 (hereinafter referred to as the; principal Act).
2 Women to be eligible as jurors
(1)
Section 3 of the principal Act (as amended by section 36 of the Statutes Amendment Act 1945) is hereby further amended by omitting the word “man”
, and substituting the word “person”
.
(2)
The Women Jurors Act 1942 is hereby repealed.
3 Disqualification
Section 5 of the principal Act is hereby amended by repealing paragraph (b), and substituting the following paragraph:
“(b)
Any one who has been convicted of any offence punishable by death or by imprisonment for a term of three years or more:”.
4 Exemption from jury service
(1)
Section 6 of the principal Act (as substituted by subsection (1) of section 2 of the Juries Amendment Act 1951) is hereby amended by omitting from subsection (1) the words “if he is one of the following”
, and substituting the words “if he or she is one of the following”
.
(2)
The said section 6 is hereby further amended by repealing paragraph (d) of subsection (1), and substituting the following paragraph:
“(d)
A visiting Justice under the Penal Institutions Act 1954, a member of the Prisons Parole Board or of a Borstal Parole Board, or a Coroner:”.
(3)
The said section 6 is hereby further amended by inserting in subsection (1), after paragraph (g), the following paragraph:
“(gg)
A woman who is a vowed member of a religious order living in a convent or other religious community:”.
(4)
The said section 6 is hereby further amended by omitting from paragraph (h) of subsection (1) (as amended by subsection (1) of section 3 of the New Zealand University Amendment Act 1957) the words “constituent institution of the University of New Zealand, or at any college of the New Zealand School of Agriculture”
, and substituting the words “University or University College of Agriculture”
.
(5)
The said section 6 is hereby further amended by inserting in subsection (1), after paragraph (j), the following paragraph:
“(jj)
A registered nurse, a registered male nurse, a psychiatric or psychopaedic nurse, a midwife, a maternity nurse, or a nursing aid, if employed full time in any public or private hospital or as a district nurse:”.
(6)
The said section 6 is hereby further amended by omitting from paragraph (p) of subsection (1) the words “of any prison”
, and substituting the words “of any penal institution or of any work centre established under section 4 of the Criminal Justice Amendment Act 1962 or is a probation officer appointed under Part I of the Criminal Justice Act 1954”
.
(7)
The said section 6 is hereby further amended by inserting in subsection (1), after paragraph (p), the following paragraph:
“(pp)
A woman who is the wife of a man who is an officer of a penal institution or work centre:
(8)
The said section 6 is hereby further amended by inserting in subsection (2), after the word “he”
, the words “or she”
.
(9)
The said section 6 is hereby further amended by inserting, after subsection (2), the following subsection:
“(2a)
A woman shall be exempt from serving on any jury if she notifies the Jury Officer or the Sheriff in writing that she does not wish to serve as a juror.”
(10)
The said section 6 is hereby further amended by repealing subsection (3), and substituting the following subsection:
“(3)
The name of any person who is exempt from serving on any jury under subsection (1), subsection (2), or subsection (2a) of this section shall not be inserted in any jury list, nor shall he or she be summoned as a juror.”
(11)
The said section 6 is hereby further amended by inserting in subsection (4), after the word “he”
, the words “or she”
.
5 New sections as to jury lists substituted
The principal Act is hereby amended by repealing sections 13 to 19, and substituting the following sections:
“13 Jury Officer
(1)
There shall be a Jury Officer for each jury district who shall be—
“(a)
The Registrar of Electors for the European electoral district in which the jury district is situated if the jury district is wholly within the bounds of any such electoral district:
“(b)
In any other case the Registrar of Electors for the European electoral district in which the Courthouse of the Court town for the jury district is situated.
“(2)
During the absence or during a vacancy in the office of any such Registrar the Deputy Registrar shall act as Jury Officer.
“14 Preparation of jury lists by Jury Officer
(1)
Subject to section 16 of this Act, the Sheriff of every jury district shall, on or before the first day of May in every year next following a general election of members of the House of Representatives, send to the Jury Officer for the district a notice in the prescribed form calling upon him to prepare a list of jurors and shall state the number of persons which in his estimate will be required for the new jury list.
“(2)
Subject to section 15 of this Act, as soon as practicable after the receipt of the notice the Jury Officer shall select by ballot, or by any other method of selection based on chance, from the electoral roll of the European electoral district in which the jury district is situated, as that roll stood on writ day for the preceding general election, the appropriate number of persons who are apparently qualified and liable to serve as jurors. The appropriate number of such persons shall be the number estimated by the Jury Officer to be sufficient, after all objections have been considered and all deletions made, to produce not less than the number of persons specified as being required by the Sheriff:
“Provided that where the jury district is not wholly within the bounds of any one such electoral district then the electoral rolls of all such electoral districts which include any part of the jury district shall be used:
“Provided also that where only a small portion of any such electoral district falls within the jury district the Governor-General may, by Order in Council, provide that the names of the persons on the roll for that electoral district shall not be included on that particular jury list.
“15 Maoris
(1)
Subject to section 16 of this Act, the Registrar of Electors for each of the Maori electoral districts shall not later than the first day of June in every year next following a general election of members of the House of Representatives extract from his roll, as it stood on writ day for that election, and forward to each Jury Officer a list of the names of all persons who appear to reside in the Jury Officer’s jury district.
“(2)
On the receipt of the list the Jury Officer shall compile a roll of those names in accordance with section 63 of the Electoral Act 1956 and so that the number of names to the page is as nearly as possible the same as the number of names most commonly appearing on the pages of the electoral rolls being used for the selection of jurors under subsection (2) of section 14 of this Act in his jury district. Jurors shall be selected from every roll so compiled as if it were an electoral roll for a European electoral district in which the jury district was situated.
“(3)
Where the Governor-General by an Order in Council made under the second proviso to subsection (2) of section 14 of this Act provides that the names of the persons on the roll for any European electoral district shall not be included on any jury list then the names of all Maoris residing in that European electoral district shall be likewise not included on that jury list or on any list or roll compiled under this section.
“16 New lists may be unnecessary where Parliament has short term
If at any time Parliament is dissolved before it has been in existence for two years the Governor-General may, by Order in Council, order that no new jury lists shall be prepared in the year following the general election which takes place after that dissolution of Parliament.
“17 Notice to prospective jurors
(1)
Forthwith after the selection of the names the Jury Officer shall send by post to each of the persons selected a notice in the prescribed form informing him of his selection and the grounds on which a person is not qualified or not liable to serve as a juror.
“(2)
Any person so notified, who is a person not qualified and liable to serve as a juror or who is a woman who does not wish to serve as a juror, shall request in writing, within one month after the receipt of the notice, that his or her name, as the case may be, be not included on the list and shall at the same time advise the Jury Officer in writing of the fact or wish which makes that person not qualified or not liable to serve as a juror. Except where the request is made on the ground that the person resides outside the jury district, the person’s name shall not be inserted in the jury list for the district where the fact or wish stated would, if true, make that person not liable or not qualified to serve as a juror.
“(3)
In any case where the request is made on the ground that the person resides outside the jury district the Jury Officer, if he is satisfied that the person is so resident, shall not include that person’s name on the jury list.
“(4)
In any case where the Jury Officer includes the name of any person on the list after he has received a request from that person under subsection (2) of this section that the person’s name be not included he shall send the person a letter notifying him that his name has been included on the list and shall inform him that he may appear before the Justices and object to the inclusion of his name in the list.
“(5)
Every person whose name is included on the jury list after he has made a request that it be not included may appear before the Justices settling the final list and object to the inclusion of his name on the list.
“(6)
Every person who wilfully makes a false claim that he is not qualified or not liable for jury service commits an offence and is liable on summary conviction to a fine not exceeding fifty pounds.
“18 Jury Officer to supply list to Sheriff
(1)
Upon the expiry of six weeks from the day when the Jury Officer posted the last of the notices under subsection (1) of section 17 of this Act he shall make out, in the prescribed form in alphabetical order, a true list of all persons selected as aforesaid and apparently qualified and liable for service as jurors, with the full Christian name and surname, place of abode, and occupation, and shall send the same together with two copies to the Sheriff so that it reaches him not later than the seventh day of September in the year in which it is made.
“(2)
The Jury Officer shall also advise the Sheriff of the names of all persons whose names have been included in the list despite the fact that they have requested under subsection (2) of section 17 of this Act that their names be not included.
“(3)
The Sheriff, on receipt of the original and copies of the list, shall send one copy to the senior member of the Police in the jury district and shall deposit another in his office for inspection and perusal by the general public.
“19 Notice by Sheriff of meeting of Justices
(1)
The Sheriff of the jury district shall, by a notice in the prescribed form published in such manner as he thinks fit at least fourteen days before the day of the meeting, call, for the purpose of revising the jury list, a meeting of the Justices residing within the jury district, to be held on the first Friday in October of every year in which a list of jurors is prepared under section 14 of this Act, at some suitable building, to be named in the notice, at the Court town of the district.
“(2)
The Sheriff shall at the same time give notice to the Police and, by registered letter, to every person whose name was given to him pursuant to subsection (2) of section 18 of this Act of the place, time, and date of the meeting.”
6 Consequential amendments and saving
(1)
The enactments specified in the Schedule to this Act are hereby consequentially amended in the manner indicated in that Schedule.
(2)
The Juries Amendment Act 1962 is hereby amended as from its passing by repealing so much of the Schedule as relates to the Second Schedule to the principal Act.
(3)
Nothing in subsections (1) and (2) of this section or in sections 2 to 5 of this Act shall affect the validity of the jury lists and the jury books in force on the passing of this Act and those lists and books shall continue in force until replaced in accordance with the provisions of the principal Act.
7 Repeal of section 16 of the Finance Act 1926
(1)
Section 16 of the Finance Act 1926 is hereby repealed.
(2)
This section shall come into force on the first day of January, nineteen hundred and sixty-four.
8 Verdicts not affected by informalities
(1)
Section 177 of the principal Act (as amended by section 3 of the Juries Amendment Act 1957) is hereby further amended by omitting the words “nor by reason that any disqualified person served as a juror”
, and substituting the words “nor by reason that any person not qualified or not liable for such service served as a juror”
.
(2)
Section 3 of the Juries Amendment Act 1957 is hereby consequentially repealed.
9 Regulations
The principal Act is hereby further amended by inserting, after section 183, the following section:
“184
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
“(a)
Prescribing the forms required for the purposes of this Act:
“(b)
Prescribing the manner in which notice is to be given and documents are to be served for the purposes of this Act:
“(c)
Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.”
Schedule Enactments Amended
Section 6(1)
| Title of Act | Amendment |
|---|---|
| 1908, No. 90—The Juries Act 1908. (1957 Reprint, Vol. 6, p. 745) |
By omitting from subsection (2) of section 12 the word By repealing section 21, and substituting the following section: “21 Procedure at meeting of Justices“(1) The Sheriff shall attend every such meeting and shall produce the list prepared by the Jury Officer. “(2) Any other person may attend the meeting and may object to the inclusion of the name of any person in the list on the grounds that that person is not qualified or is not liable to serve as a juror. “(3) The Jury Officer may be called and examined. “(4) The Justices may examine on oath any person who appears before them. “(5) The meeting may be adjourned from time to time.” |
|
By omitting from section 22 (as amended by subsection (3) of section 2 of the Juries Amendment Act 1951) the word | |
|
By repealing section 23, and substituting the following section: “23 Correcting errors
The Justices shall also correct any errors or omissions which appear to them to have been committed in respect of the name, place of abode, or occupation of any person included in the list.” | |
|
By omitting from section 24 the words | |
|
By repealing section 25. | |
|
By omitting from section 26 the words | |
|
By repealing sections 27 to 30. | |
|
By omitting from subsection (2) of section 37 the word | |
|
By omitting from section 39 the word | |
|
By omitting from subsection (2) of section 41 the word | |
|
By omitting from section 43 (as amended by subsection (2) of section 2 of the Juries Amendment Act 1960) the words | |
|
By omitting from section 47 (as amended by subsection (4) of section 12 of the Magistrates’ Courts Act 1947) the words | |
|
By omitting from section 48, and also from section 61, the word | |
|
By omitting from section 62 the word | |
|
By omitting from section 64 the word | |
|
By omitting from section 76 the word | |
|
By omitting from sections 84, 102, and 111 the word | |
|
By omitting from section 115 the word | |
|
By omitting from sections 116, 117, 119, and 138 the word | |
|
By omitting from section 133 the word | |
|
By omitting from sections 162, 164, 165, 166, and 167 the word | |
|
By omitting from section 165 the word | |
|
By omitting from section 165 the words | |
|
By omitting from section 169 the words | |
|
By omitting from section 169 the words | |
|
By repealing sections 170 to 172. | |
|
By omitting from paragraph (a) of section 173 the words | |
|
By repealing the Second, Third, Fourth, and Fifth Schedules. | |
|
By omitting from the form in the Sixth Schedule the word | |
| 1939, No. 39—The Statutes Amendment Act 1939. (1957 Reprint, Vol. 6, pp. 758, 797) |
By omitting from section 36 the words |
|
By omitting from section 36 the word | |
|
By omitting from section 36 the word | |
| 1943, No. 20—The Statutes Amendment Act 1943. (1957 Reprint, Vol. 6, p. 798) | By repealing section 18. |
| 1949, No. 51—The Statutes Amendment Act 1949. (1957 Reprint, Vol 6, p. 799) | By repealing subsections (1) to (4) and (6) to (9) of section 29. |
| 1951, No. 39—The Juries Amendment Act 1951. (1957 Reprint, Vol 6, p. 801) | By repealing section 5. |
| 1960, No. 115—The Juries Amendment Act 1960 | By omitting from subsection (1) of section 2 the words |
|
By repealing so much of the Schedule as relates to sections 14, 16, 19, and 43 of the principal Act. | |
| 1961, No. 62—The Juries Amendment Act 1961 | By repealing section 3. |
This Act is administered in the Department of Justice.
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Juries Amendment Act 1963
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