The Obligation of Jury Service in New Zealand
Jury service is a civic duty requiring eligible New Zealand citizens to participate in the justice system by acting as jurors in criminal trials. Jurors are responsible for listening to evidence, deciding questions of fact, and delivering a verdict.
Who is Eligible for Jury Service?
To be eligible for jury service, a person must meet specific criteria:
- They must be qualified as an elector (a person entitled to vote) for the House of Representatives [Source: Juries Act 1981, s 6(a)].
- They must be 18 years of age or older [Source: Juries Act 1981, s 6(b)].
- They must be a New Zealand citizen [Source: Juries Act 1981, s 6(c)].
- They must be ordinarily resident in New Zealand (meaning their usual place of residence is in New Zealand) [Source: Juries Act 1981, s 6(d)].
Who is Ineligible or Disqualified from Jury Service?
Certain individuals are either ineligible for jury service due to their occupation or disqualified due to their criminal history.
Ineligible Persons
Some individuals are ineligible for jury service due to their roles within the justice system or government, as these roles could create a conflict of interest or compromise the appearance of impartiality. These include, but are not limited to:
- Members of Parliament [Source: Juries Act 1981, s 6A(a)].
- Judicial officers, such as Judges, Justices of the Peace, Coroners, and Community Magistrates [Source: Juries Act 1981, s 6A(b)].
- Police employees [Source: Juries Act 1981, s 6A(d)].
- Lawyers currently engaged in legal practice [Source: Juries Act 1981, s 6A(e)].
- Specific employees of the Ministry of Justice, such as court staff, sheriffs, and probation officers [Source: Juries Act 1981, s 6A(f)].
Disqualified Persons
Individuals are disqualified from jury service if they have been sentenced to certain criminal penalties. A person is disqualified if they have been sentenced, at any time, to:
- Imprisonment for life or for a term of 3 years or more [Source: Juries Act 1981, s 7(1)(a)].
- Corrective training [Source: Juries Act 1981, s 7(1)(b)].
Additionally, a person is disqualified if they have been sentenced within the last 5 years to:
- Any term of imprisonment [Source: Juries Act 1981, s 7(1)(c)].
- Community detention [Source: Juries Act 1981, s 7(1)(d)].
- Community work [Source: Juries Act 1981, s 7(1)(e)].
- Home detention [Source: Juries Act 1981, s 7(1)(f)].
- Intensive supervision [Source: Juries Act 1981, s 7(1)(g)].
- Supervision [Source: Juries Act 1981, s 7(1)(h)].
Receiving a Jury Summons
A jury summons is a formal written order requiring a person to attend court for jury service. When a person is selected for jury service, they will receive a summons from the court [Source: Juries Act 1981, s 10(1)]. The summons will specify the date, time, and location for attendance.
Applying for an Exemption from Jury Service
A person who has received a jury summons may apply for an excusal (exemption) from service under specific circumstances. The application must be made to the Registrar of the court named in the summons [Source: Juries Act 1981, s 11(1)].
Application Process
An application for excusal must:
- Be made within 5 working days after receiving the jury summons, or within a further period allowed by the Registrar [Source: Juries Act 1981, s 11(1)].
- State the grounds on which the application is made [Source: Juries Act 1981, s 11(2)(a)].
- Be accompanied by any relevant supporting documents [Source: Juries Act 1981, s 11(2)(b)].
Grounds for Excusal by a Registrar
The Registrar (the chief administrative officer of a court) may excuse a person from jury service if satisfied that there is a good reason for doing so [Source: Juries Act 1981, s 8(1)]. Good reasons include, but are not limited to:
- Age: The person is 65 years of age or over [Source: Juries Act 1981, s 8(1)(a)].
- Recent service: The person has served on a jury within the last 2 years, or has been excused from jury service for a specified period that has not yet expired [Source: Juries Act 1981, s 8(1)(b)-(c)].
- Physical or mental disability: The person suffers from a physical or mental disability that would make them unable to perform the duties of a juror [Source: Juries Act 1981, s 8(1)(d)].
- Caregiving responsibilities: The person has the sole care of a child under the age of 12 years or of an infirm (physically or mentally unwell) person, and no other suitable person is available to undertake that care [Source: Juries Act 1981, s 8(1)(e)].
- Essential work or study: The person is engaged in an occupation, business, or studies that cannot be reasonably postponed without serious hardship (severe difficulty or suffering) to the public, the person, or their employer [Source: Juries Act 1981, s 8(1)(f)].
- Serious hardship: Compliance with the summons would result in serious hardship to the person or to another person [Source: Juries Act 1981, s 8(1)(g)].
Application to a Judge
If the Registrar refuses to excuse a person from jury service, that person may apply to a Judge of the court for an excusal. A Judge may also excuse a person from jury service for any other good reason [Source: Juries Act 1981, s 13(1) and s 9].
Consequences of Not Attending or Providing False Information
Failing to attend for jury service as required by a summons, without a reasonable excuse, is an offence. A person found guilty of this offence may be liable to a fine not exceeding $1,000 [Source: Juries Act 1981, s 32(1)].
Providing false or misleading information in an application for excusal is also an offence, punishable by a fine not exceeding $1,000 [Source: Juries Act 1981, s 32A].
When to Seek Independent Legal Advice
Individuals seeking to understand their specific obligations or rights regarding jury service, or requiring assistance with an application for excusal, may consult Community Law Centres for free legal advice [https://communitylaw.org.nz/]. Further guidance on court processes can be obtained from the Ministry of Justice.