Juries Act 1981

Majority verdicts

29D: Civil cases

You could also call this:

"What happens in civil cases with majority verdicts"

Illustration for Juries Act 1981

In a civil case, you can have a majority verdict. This means most of the jurors agree on a decision. The court can accept this verdict if certain conditions are met. You need to know that the jury must deliberate for at least 4 hours. They must not have reached a unanimous verdict, which is when everyone agrees. The foreperson of the jury must tell the court that they cannot reach a unanimous verdict and that they have a majority verdict. The court must think the jury has had enough time to discuss the case. This time depends on how complex the trial is. Nothing in this rule stops the court from asking each juror about their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2191703.

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29DCivil cases

  1. In this section, majority verdict means, in relation to a jury that, at the time of its verdict, consists of a certain number of jurors, a verdict agreed to by at least three-fourths of them.

  2. The court may accept a majority verdict in a civil case if—

  3. the jury, having retired to consider its verdict, has deliberated for at least 4 hours; and
    1. the jurors have not reached a unanimous verdict; and
      1. the foreperson of the jury has stated in open court—
        1. that there is no probability of the jury reaching a unanimous verdict; and
          1. that the jury has reached a majority verdict; and
          2. the court considers that the jury has had a period of time for deliberation that the court thinks reasonable, having regard to the nature and complexity of the trial.
            1. Nothing in this section—

            2. prevents the court from taking a poll of the jury; or
              1. affects any practice in civil cases by which a court may, with the consent of all parties, accept a verdict that is not a unanimous verdict.
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                Notes
                • Section 29D: inserted, on , by section 19 of the Juries Amendment Act 2008 (2008 No 40).