Posted by Del Johnston on Apr 19, 2020

Justice of the Peace is the oldest legalistic position in New Zealand. Joseph Kendall was appointed NZs first JP in 1814, based at the mission settlement in the Bay of Islands, Northland. JPs have been serving their community for more than 200 years. The duties of the early Justices were many and onerous, and included supervising the accuracy of weights and measures, the seizing of wine sold for excessive prices, and assisting those whose homes were burned. Justices had great authority over the lives and liberties of those brought before them

Today, thank goodness it is different.

The following is a brief outline of the Duties and responsibilities of a JP In NZ.

JPs have no inherent jurisdiction and may exercise only those powers given to them by statute. Section 4 of the Justices of the Peace Act 1957 states that the functions and powers of Justices shall be:

  • To take oaths and declarations under the provisions of the Oaths and Declarations Act 1957 or any other such enactment.
  • To carry out such functions and exercise such powers as are conferred by the Summary Proceedings Act 1957 or by any other enactment.
These functions and powers are classified under two separate headings. Ministerial Duties and Judicial duties (further training required)
Ministerial duties principally comprise
  • The witnessing of signatures on documents
  • The taking of statutory declarations
  • The swearing or affirming of affidavits and exhibits
  • The certifying of documents as true copies
  • The certifying of proof of identity
Judicial duties involve presiding in the District Court with jurisdiction in the following:
  • Traffic offences
  • Conduct trials and make decisions for infringement notices and some summary offences
  • Hearing bail applications and requests for remands and adjournments.
  • Issuing of summonses to witnesses.
Ministerial duties principally comprise
  • The witnessing of signatures on documents
  • The taking of statutory declarations
  • The swearing or affirming of affidavits and exhibits
  • The certifying of documents as true copies
  • The certifying of proof of identity
Judicial duties involve presiding in the District Court with jurisdiction in the following:
  • Traffic offences
  • Conduct trials and make decisions for infringement notices and some summary offences
  • Hearing bail applications and requests for remands and adjournments.
  • Issuing of summonses to witnesses.

JPs may also officiate at private ceremonies to administer the Oath or Affirmation for those adopting New Zealand Citizenship.

Some JPs also perform other related services in the community:
  • As a nominated persons supporting Children and Young Persons during police interviews
  • As a issuing Officers: for checking/signing-off search warrants
  • For duties under the Mental Health Act
  • As a observers for the conduct of the General and Local Body Elections
Under current NZ law a JP is not a Marriage Celebrant,

I was sworn into office and received my warrant as a Ministerial Justice of the Peace (JP) in 2014. Since that time, I have seen/processed in excess of 7,500 persons and 30,000 documents. I have always had an interest in the Law and regard it as a special privilege to serve my community as a JP. It is a voluntary role which I find personally satisfying.

Although some JPs see clients at home, this is becoming less common. Mostly, the public requiring the services of a JP are, seen at a Service Desk usually located in the local Public Library or CAB premises. I am responsible for the JP operations at the Botany Library where up to 250 persons are seen weekly making it one of the busiest service desks in New Zealand. In the local Eastern Suburbs area there are six service desks who in the past year combined, processed 22,000 members of the public and approximately 60,000 documents.