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Juries Act 1981

Jury lists and panels

16AA: Judge may cancel summons of person with disability or language difficulty

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"Judge can cancel jury summons for people with disabilities or language struggles"

Illustration for Juries Act 1981

If you have a disability or struggle with the English language, a Judge can cancel your jury summons. The Judge can do this if they think you cannot be a juror due to your disability or language difficulties. You can ask for this to happen before the jury is chosen. The Judge can cancel your summons for a specific court case or for the whole time you are summoned. The application to cancel your summons must be made by the Registrar or a court staff member. The Judge will hear the application in private and can look at any evidence they think is necessary. The Judge makes this decision to ensure you can act effectively as a juror. You might not be able to do this if you have a disability or language difficulties. The Judge's decision is important to make sure the jury system is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM44810.

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16AAJudge may cancel summons of person with disability or language difficulty

  1. On application in accordance with subsection (3), or on his or her own motion, a Judge may cancel the summons of a person if the Judge is satisfied that, because of disability or difficulties in understanding or communicating in the English language, the person is not capable of acting effectively as a juror.

  2. A cancellation may apply to the whole period for which the person is summoned, or to a particular proceeding.

  3. An application under this section must be made—

  4. before the jury is constituted; and
    1. by the Registrar, or by a member of the court registry staff who is involved in, or responsible for, the administration of juries.

      1. An application under this section must be heard in private, and the Judge may conduct the hearing and consider such evidence as he or she thinks fit.

      Notes
      • Section 16AA: inserted, on , by section 10 of the Juries Amendment Act 2000 (2000 No 2).
      • Section 16AA heading: amended, on , by section 146(1) of the Courts Matters Act 2018 (2018 No 50).
      • Section 16AA heading: amended, on , by section 13(1) of the Juries Amendment Act 2008 (2008 No 40).
      • Section 16AA heading: amended, on , by section 5(6) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
      • Section 16AA(1): amended, on , by section 146(2) of the Courts Matters Act 2018 (2018 No 50).
      • Section 16AA(1): amended, on , by section 13(2) of the Juries Amendment Act 2008 (2008 No 40).
      • Section 16AA(1): amended, on , by section 5(7) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
      • Section 16AA(2): amended, on , by section 146(3) of the Courts Matters Act 2018 (2018 No 50).
      • Section 16AA(3)(b): amended, on , by section 13(3) of the Juries Amendment Act 2008 (2008 No 40).