Jury Rules 1990

Version as at 21 April 2022

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

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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.

Contents

1Title and commencement
2Interpretation
Jury lists
3Requests for jury lists
4Form of jury lists
Selecting and preparing panels
5Courts to be manual selection courts or electronic selection courts
6Preparation of provisional panel in manual selection courts
7Preparation of provisional panel in electronic selection courts
8Preparation of final panel in both manual selection and electronic selection courts
9Registrar to check provisional panel and draw up final panel [Revoked]
Attendance, deferral, and excusal
10Registrar to summon jurors
11Excusal from, or deferral of, jury service
12Registrar to compile and keep record of jurors summoned
13Registrar to prepare jury cards
14Jurors to assemble in court precincts
Constitution of juries
15Preliminary balloting of jurors
16Escorting of jurors to courtroom
17Balloting of jurors
18Judge may dispense with preliminary balloting
19Calling of jurors
20Insufficiency of jurors
21Excess of jurors
22Form and manner of juror’s oath or affirmation
23Cards kept apart until verdict recorded or jury discharged
24Prescription and supply of information to accompany jury summons
Miscellaneous provisions
25Security for costs of view in civil case
26Fee for jury in civil cases
27Accommodation, refreshment, and meals
28Jurors’ fees and expenses
29Fees inclusive of goods and services tax
30Revocations
Temporary provisions in respect of COVID-19
31Application of temporary provisions in Schedule 1AA
32Revocation of temporary provisions in Schedule 1AA
Schedule 1AA
Temporary provisions in respect of COVID-19
Schedule 1
Forms
Schedule 2
Fees and expenses
[Revoked]
Schedule 3
Rules revoked
Gazette Information
Notes

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

jury list, in relation to co-extensive jury districts, includes a copy of the jury list for those districts

physical distancing requirements, in relation to a quarantinable disease, means any requirements imposed by or under an Act, or any written and published recommendations of the Ministry of Health (or an employee or officer of the Ministry of Health), for persons to stay physically distant from other persons to prevent the outbreak or spread of the quarantinable disease

quarantinable disease has the same meaning as in section 2(1) of the Health Act 1956.

(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: revoked, on 31 July 2020, by rule 4(1) of the Jury Amendment Rules 2020 (LI 2020/167).

Rule 2(1) jury list: amended, on 31 July 2020, by rule 4(2) of the Jury Amendment Rules 2020 (LI 2020/167).

Rule 2(1) physical distancing requirements: inserted, on 31 July 2020, by rule 4(3) of the Jury Amendment Rules 2020 (LI 2020/167).

Rule 2(1) quarantinable disease: inserted, on 31 July 2020, by rule 4(3) of the Jury Amendment Rules 2020 (LI 2020/167).

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 (if known):

(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(1)(c): amended, on 31 July 2020, by rule 5 of the Jury Amendment Rules 2020 (LI 2020/167).

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 (if known), 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 (if known), 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).

Rule 6(6)(a): amended, on 31 July 2020, by rule 6 of the Jury Amendment Rules 2020 (LI 2020/167).

Rule 6(6)(b): amended, on 31 July 2020, by rule 6 of the Jury Amendment Rules 2020 (LI 2020/167).

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 (if known), 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 (if known), 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).

Rule 7(4)(a): amended, on 31 July 2020, by rule 7 of the Jury Amendment Rules 2020 (LI 2020/167).

Rule 7(4)(b): amended, on 31 July 2020, by rule 7 of the Jury Amendment Rules 2020 (LI 2020/167).

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 working 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 delivery to the juror at that address by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the juror.

(4)

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

(5)

[Revoked]

(6)

Subclauses (1), (3), and (4) 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) and (4) 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 those subclauses apply to a summons issued under section 13(1) of the Act.

Rule 10(1): amended, on 31 July 2020, by rule 8(1) of the Jury Amendment Rules 2020 (LI 2020/167).

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(3)(c): replaced, on 31 July 2020, by rule 8(2) of the Jury Amendment Rules 2020 (LI 2020/167).

Rule 10(5): revoked, on 31 July 2020, by rule 8(3) of the Jury Amendment Rules 2020 (LI 2020/167).

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(6): amended, on 31 July 2020, by rule 8(4) of the Jury Amendment Rules 2020 (LI 2020/167).

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).

Rule 10(7): amended, on 31 July 2020, by rule 8(5) of the Jury Amendment Rules 2020 (LI 2020/167).

Rule 10(7): amended, on 31 July 2020, by rule 8(6) of the Jury Amendment Rules 2020 (LI 2020/167).

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)

The applicant may appeal against the decision of the Registrar by—

(a)

making oral submissions on the matter to a Judge; or

(b)

making a written application to the court concerned and lodging it with the Registrar.

(4A)

If the applicant lodges an application with the Registrar under subclause (4)(b), the Registrar must refer the application 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—

(a)

made an application under section 14B or 15 or 15A of the Act; or

(b)

exercised a right of appeal under section 14C(2) or 15(4) or 15A(5) of the Act.

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(4): replaced, on 31 July 2020, by rule 9 of the Jury Amendment Rules 2020 (LI 2020/167).

Rule 11(4A): inserted, on 31 July 2020, by rule 9 of the Jury Amendment Rules 2020 (LI 2020/167).

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 (if known), 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.

(2A)

The record may also include the person’s electronic address or mobile phone number (or both) if provided by the person in communications relating to a summons.

(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)(a): amended, on 31 July 2020, by rule 10(1) of the Jury Amendment Rules 2020 (LI 2020/167).

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).

Rule 12(2A): inserted, on 31 July 2020, by rule 10(2) of the Jury Amendment Rules 2020 (LI 2020/167).

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 cancelled 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).

Rule 13(1)(d): amended, on 31 July 2020, by rule 11 of the Jury Amendment Rules 2020 (LI 2020/167).

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 subclause (1A) and 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.

(1A)

The available jurors are not required to be in the presence of the Registrar when the Registrar draws the cards if—

(a)

it would not be reasonably practicable to meet physical distancing requirements relating to a quarantinable disease if the available jurors were to be in the presence of the Registrar at that time; and

(b)

as each card is drawn, the name of the juror on the card is called out; and

(c)

arrangements are in place to ensure that any available jurors who are not in the presence of the Registrar at that time are instead in another room or area of the court precincts where they are able to hear each name as it is called out (for example, by audio or audiovisual link).

(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.

Rule 15(1): amended, on 31 July 2020, by rule 12(1) of the Jury Amendment Rules 2020 (LI 2020/167).

Rule 15(1A): inserted, on 31 July 2020, by rule 12(2) of the Jury Amendment Rules 2020 (LI 2020/167).

16 Escorting of jurors to courtroom

(1)

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.

(2)

However, the balloted jurors are not required to be escorted to the courtroom if—

(a)

it would not be reasonably practicable to meet physical distancing requirements relating to a quarantinable disease if the balloted jurors were to assemble in that courtroom; and

(b)

any balloted jurors who are not escorted to that courtroom are escorted to another room or area of the court precincts where there are arrangements in place to ensure that, as cards are drawn in accordance with rule 17, they are able to hear jurors being called in accordance with rule 19 (for example, by audio or audiovisual link).

Rule 16(2): inserted, on 31 July 2020, by rule 13 of the Jury Amendment Rules 2020 (LI 2020/167).

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.

(3)

However, the available jurors are not required to be in the presence of the Registrar when the Registrar draws the cards if—

(a)

it would not be reasonably practicable to meet physical distancing requirements relating to a quarantinable disease if the available jurors were to be in the presence of the Registrar at that time; and

(b)

arrangements are in place to ensure that any available jurors who are not in the presence of the Registrar at that time are instead in another room or area of the court precincts where, as the cards are drawn, they are able to hear jurors being called in accordance with rule 19 (for example, by audio or audiovisual link).

Rule 18(3): inserted, on 31 July 2020, by rule 14 of the Jury Amendment Rules 2020 (LI 2020/167).

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—

(a)

rules 15 and 17; or

(b)

rule 18,—

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 small passenger service vehicle):

(b)

the actual cost of travelling by small passenger service vehicle, 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 small passenger service vehicle 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 small passenger service vehicle 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).

Rule 28(4)(a): amended, on 1 October 2017, by section 110(8) of the Land Transport Amendment Act 2017 (2017 No 34).

Rule 28(4)(b): amended, on 1 October 2017, by section 110(8) of the Land Transport Amendment Act 2017 (2017 No 34).

Rule 28(4)(b)(ii): amended, on 1 October 2017, by section 110(8) of the Land Transport Amendment Act 2017 (2017 No 34).

Rule 28(4)(c)(i): amended, on 1 October 2017, by section 110(8) of the Land Transport Amendment Act 2017 (2017 No 34).

29 Fees inclusive of goods and services tax

The fees fixed by these rules are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

30 Revocations

(1)

The rules specified in Schedule 3 are hereby revoked.

(2)

Amendment(s) incorporated in the regulations.

Temporary provisions in respect of COVID-19

Heading: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

31 Application of temporary provisions in Schedule 1AA

(1)

The temporary provisions set out in clauses 1, 2, 3, 5, 6, 7, and 8 of Schedule 1AA apply during the period—

(a)

beginning with the commencement of this rule; and

(b)

ending on the second anniversary of the date on which the COVID-19 Public Health Response Act 2020 is repealed.

(2)

The temporary provisions set out in clause 4 of Schedule 1AA apply during the period—

(a)

beginning with the commencement of this rule; and

(b)

ending with the repeal of the COVID-19 Public Health Response Act 2020.

(3)

The temporary provisions have the following effect while they apply:

(a)

clause 1 modifies rule 6:

(b)

clause 2 modifies rule 7:

(c)

clause 3 modifies rule 10:

(d)

clauses 4 and 5 supplement the rules:

(e)

clause 6 modifies rule 12:

(f)

clause 7 modifies rule 13:

(g)

clause 8 modifies form 1A of Schedule 1.

(4)

If a temporary provision replaces a rule,—

(a)

the application of the rule is suspended; and

(b)

the rule ceases to apply with respect to any relevant matter that arose before the commencement of this rule.

(5)

If a temporary provision is inconsistent with a rule, the temporary provision prevails.

(6)

To avoid doubt, a cross-reference in these rules or any other enactment or document to a rule specified in subclause (3) is to be treated as a cross-reference to the corresponding replacement provision on or after the commencement of this rule.

Compare: 2014 No 71 s 4

Rule 31: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

32 Revocation of temporary provisions in Schedule 1AA

(1)

Clause 4 of Schedule 1AA is revoked on the date on which the COVID-19 Public Health Response Act 2020 is repealed.

(2)

This rule, rule 31 and the cross-heading above it, and the rest of Schedule 1AA are revoked on the second anniversary of the date on which the COVID-19 Public Health Response Act 2020 is repealed.

Rule 32: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

Schedule 1AA Temporary provisions in respect of COVID-19

rr 31, 32

Schedule 1AA: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

1 Preparation of provisional panel in manual selection courts

Rule 6(6)(b) is to be read as if it contains, after “section 14C(1)(c)”, “or clause 19(4)(b) of Schedule 2”.

Schedule 1AA clause 1: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

2 Preparation of provisional panel in electronic selection courts

Rule 7(4)(b) is to be read as if it contains, after “section 14C(1)(c)”, “or clause 19(4)(b) of Schedule 2”.

Schedule 1AA clause 2: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

3 Registrar to summon jurors

(1)

Rule 10(2) is to be read as if it contains, after “section 14C(1)(c)”, “or clause 19(4)(b) of Schedule 2”.

(2)

Rule 10(6) is to be read as if it contains, after “section 14C(1)(c)”, “or clause 19(4)(b) of Schedule 2”.

(3)

Rule 10 is to be read as if it contains, after subclause (7),—

(8)

Subclauses (3) and (4) apply to a written notice under clause 19(5) of Schedule 2 of the Act in the same way as those subclauses apply to a summons issued under section 13(1) of the Act.

Schedule 1AA clause 3: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

4 Appeal under clause 17 of Schedule 2 of Act

(1)

This rule applies if—

(a)

the Registrar has deferred a person’s jury service under clause 9(1) of Schedule 2 of the Act; or

(b)

the Registrar has specified a period under clause 9(3)(b) of that schedule with which a person disagrees and clause 9(6) applies; or

(c)

the Registrar has excused a person from jury service under clause 10 of that schedule.

(2)

The Registrar must inform the person promptly of their right of appeal against the Registrar’s decision under clause 17 of that schedule.

(3)

The applicant may appeal against the Registrar’s decision by—

(a)

making oral submissions on the matter to a Judge; or

(b)

making a written submission to the court concerned and lodging it with the Registrar.

(4)

If the applicant lodges an application with the Registrar under subclause (3)(b), the Registrar must refer the application to a Judge as soon as practicable.

(5)

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

(6)

The Registrar’s decision to defer jury service or excuse a person from jury service is not suspended while it is under appeal under clause 17 of that schedule.

Schedule 1AA clause 4: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

5 Appeal under clause 18 of Schedule 2 of Act against Registrar’s decision to decline application for deferral or excusal

(1)

This rule applies if a person summoned for jury service applies to the Registrar to—

(a)

defer that person’s jury service under clause 12 of Schedule 2 of the Act; or

(b)

be excused from jury service under clause 14 or 22 of that schedule.

(2)

The Registrar must consider the application promptly and inform the applicant of the Registrar’s decision as soon as practicable.

(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 clause 18 of that schedule.

(4)

The applicant may appeal against the decision of the Registrar by—

(a)

making oral submissions on the matter to a Judge; or

(b)

making a written submission to the court concerned and lodging it with the Registrar.

(5)

If the applicant lodges an application with the Registrar under subclause (4)(b), the Registrar must refer the application to a Judge as soon as practicable.

(6)

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

(7)

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—

(a)

made an application under clause 12, 14, or 22 of Schedule 2 of the Act; or

(b)

exercised a right of appeal under clause 18 of that schedule.

Schedule 1AA clause 5: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

6 Registrar to compile and keep record of jurors summoned

Rule 12 is to be read as if it contains, after subclause (2)(c),—

(d)

details, recorded in accordance with clause 19(2)(a) of Schedule 2 of the Act, of the exercise of the power of deferral under clause 9(1) or 12, or clauses 15 to 18, of that schedule in respect of the summons:

(e)

details of any excusal from jury service under clause 10, or clauses 14 to 18, or clauses 20 to 22 of Schedule 2 of the Act.

Schedule 1AA clause 6: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

7 Registrar to prepare jury cards

Rule 13 is to be read as if it contains, after subclause (1)(d),—

(e)

has not had their jury service deferred under clause 9(1) or 12, or clauses 15 to 18, of Schedule 2 of the Act; and

(f)

has not been excused from jury service under clause 10, or clauses 14 to 18, or clauses 20 to 22 of Schedule 2 of the Act.

Schedule 1AA clause 7: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

8 Form of replacement summons in Schedule 1

(1)

In Schedule 1, form 1A, the authorisation is to be read as if it contains a reference to section 13(1) and clause 19(4)(b) of Schedule 2 of the Act.

(2)

In Schedule 1, form 1A is to be read as if it contains, after “section 14B(1)(b)”, “or clause 9(3)(b) or 12(3)(b) of Schedule 2 or after an appeal under clause 17(1)(b) of that schedule”.

Schedule 1AA clause 8: inserted, on 21 April 2022, by section 3 of the COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16).

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 cancelled, 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).

Schedule 1 form 1: amended, on 31 July 2020, by rule 15(1) of the Jury Amendment Rules 2020 (LI 2020/167).

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 cancelled, 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).

Schedule 1 form 1A: amended, on 31 July 2020, by rule 15(1) of the Jury Amendment Rules 2020 (LI 2020/167).

Form 2 Juror’s oath

r 22

Members of the jury:

Do you each 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 that you will not undertake your own inquiries but will give your verdict according to the evidence presented in court?

Schedule 1 form 2: replaced, on 31 July 2020, by rule 15(2) of the Jury Amendment Rules 2020 (LI 2020/167).

Schedule 2 Fees and expenses

[Revoked]

r 28

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

Schedule 3 Rules revoked

r 30

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 Legislation Act 2019.

Date of notification in Gazette: 6 September 1990.

Notes
1 General

This is a consolidation of the Jury Rules 1990 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

COVID-19 Response (Courts Safety) Legislation Act 2022 (2022 No 16): section 3

Jury Amendment Rules 2020 (LI 2020/167)

Land Transport Amendment Act 2017 (2017 No 34): section 110(8)

Jury (Jury Service and Protection of Particulars of Jury List Information) Amendment Rules 2013 (SR 2013/43)

Electoral (Administration) Amendment Act 2011 (2011 No 57): section 62

Jury (Deferral of Jury Service) Amendment Rules 2010 (SR 2010/230)

Jury Amendment Rules 2004 (SR 2004/233)

Jury Amendment Rules 2000 (SR 2000/100)

Department of Justice (Restructuring) Act 1995 (1995 No 39): section 12(1)

Jury Rules 1990, Amendment No 1 (SR 1991/184)