35Jury rules
Subject to subsection (2), the Governor-General may from time to time, by Order in Council, make rules for all or any of the following purposes:
- in relation to jury lists, prescribing—
- what information about each person named on a list must be included on the list:
- the form or forms in which lists must be provided:
- the powers and duties of the Electoral Commission, the chief executive, registrars, and other persons:
- that, where more than 1 form is prescribed under subparagraph (ii), the chief executive may from time to time determine in which 1 or more of those forms the list relating to each jury district must be provided:
- what information about each person named on a list must be included on the list:
- in relation to jury panels, prescribing—
- the method, methods, or the specifications of the method, by which panels must be compiled from jury lists:
- the powers and duties of registrars and other persons:
- what jury list information about each person named on a jury list and on a panel must be included on the panel:
- the method, methods, or the specifications of the method, by which panels must be compiled from jury lists:
- in relation to the summoning of jurors, prescribing—
- the form or forms to be used to summons jurors:
- the method or methods of service of summonses:
- the minimum period of notice that must be given in a summons:
- the form or forms to be used to summons jurors:
- prescribing the method or methods by which any or all of the following applications can be made:
- an application under section 14B for deferral of jury service:
- an application under section 15, 15A, or 16 to be excused from jury service:
- an application under section 15A(3) for cancellation of an excusal under section 15A(2):
- an application under section 14B for deferral of jury service:
- prescribing the method or methods of service for a written notice under section 14C(1)(d):
- requiring a record to be kept of all jurors who are summoned to attend the court; and prescribing the form and manner in which that record is to be compiled:
- prescribing the method, methods, or the specifications of the method, for selecting a jury:
- prescribing the manner in which challenges are to be made and dealt with:
- requiring the names of members of a jury to be kept apart from the others on the panel until the jury’s verdict has been given and recorded, or the jury has been discharged:
- prescribing the form and manner in which applications for a view are to be made and prescribing the manner in which the expenses of a view are to be calculated and charged to the applicant in civil cases:
- providing for the accommodation, feeding, and refreshment of jurors:
- prescribing the fees to be paid by any party in a civil case who requires a jury:
- providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration of it.
Where rules made under paragraphs (b), (c), or (f) of subsection (1) prescribe more than 1 form or method, the rules must also require the chief executive to determine from time to time which one of those forms or methods is to be used by each particular court.
For the purposes of subsection (1A), the term method includes the specifications of a method.
No rules may be made under
this section otherwise than on the advice of the Minister of the Crown who is responsible for the Ministry of Justice tendered after consultation with—- the Chief Justice or another Judge of the High Court nominated for the purpose by the Chief Justice; and
- the Chief District Court Judge or another District Court Judge nominated for the purpose by the Chief District Court Judge; and
- the President of the New Zealand Law Society or a member of that society nominated for the purpose by the President.
Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare
- 1908 No 90 s 184
- 1963 No 141 s 9
Notes
- Section 35(1)(a): replaced, on , by section 15(1) of the Juries Amendment Act 2000 (2000 No 2).
- Section 35(1)(a)(iii): amended, on , by section 57(7) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
- Section 35(1)(b): replaced, on , by section 15(1) of the Juries Amendment Act 2000 (2000 No 2).
- Section 35(1)(b)(iii): inserted, on , by section 19 of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 (2012 No 75).
- Section 35(1)(c): replaced, on , by section 15(1) of the Juries Amendment Act 2000 (2000 No 2).
- Section 35(1)(d): replaced, on , by section 11(5) of the Juries Amendment Act 2008 (2008 No 40).
- Section 35(1)(d): amended, on , by section 12(1) of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 (2012 No 75).
- Section 35(1)(d)(ii): amended, on , by section 12(2) of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 (2012 No 75).
- Section 35(1)(d)(iii): inserted, on , by section 12(3) of the Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Act 2012 (2012 No 75).
- Section 35(1)(da): inserted, on , by section 11(5) of the Juries Amendment Act 2008 (2008 No 40).
- Section 35(1)(e): replaced, on , by section 15(1) of the Juries Amendment Act 2000 (2000 No 2).
- Section 35(1)(f): replaced, on , by section 15(1) of the Juries Amendment Act 2000 (2000 No 2).
- Section 35(1)(fa): inserted, on , by section 15(1) of the Juries Amendment Act 2000 (2000 No 2).
- Section 35(1A): inserted, on , by section 15(2) of the Juries Amendment Act 2000 (2000 No 2).
- Section 35(1B): inserted, on , by section 15(2) of the Juries Amendment Act 2000 (2000 No 2).
- Section 35(2): amended, on , pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
- Section 35(2): amended, on , by section 15(3) of the Juries Amendment Act 2000 (2000 No 2).
- Section 35(2): amended, on , by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).
- Section 35(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).


