Courts 101 Aug 2010

Information for employers is on the tear-off panel of this leaflet. If your employer has further questions, they can go to www.justice.govt.nz/services/jury-service or email juryservice@justice.govt.nz.

What do you need to do before court?Speak to your employer as soon as you receive your summons.

Make arrangements for your family.

Plan your transport to court and, if driving, think about where you will park your car. Your car may need to be in a parking space for the whole day.

Bring something to read or do while you wait. Being a juror involves some waiting, so you may like to bring a snack.

Wear tidy clothing.

Be on time.

Don’t do your own research about any trial at court.

What should you expect at court?At court, you can expect to find friendly, welcoming staff. They are there to help you.

You may be worried about your personal security during the trial. We understand this and take all necessary precautions to make you feel safe. If you have concerns or feel pressure from anyone at any time, please tell court staff straight away.

You may turn up to court but not be chosen as a juror on a trial. Jury trials can be held only if people who are selected for jury service attend court. Even if you are not chosen as a juror on a trial, just by attending court you have completed your jury service.

Do you receive payment for jury service?You will be paid a fee for attending jury service. Shortly after your jury service, you’ll receive payment for each half-day you spent at court. You will be paid more if you have to stay past 6.00pm. Payments are as follows.

Juror fees First five days you attend court

Sixth and subsequent days you attend court

For each half-day $31 $40

If you are at court between 6.00pm and 9.00pm (this is your payment for the whole day)

$89 $114

If you are at court after 9.00pm (this is your payment for the whole day)

$127 $163

In exceptional circumstances, you can apply for an increased jury fee by contacting the registrar of the court where you served.

What about other expenses such as travelling, parking and childcare?You’ll also be reimbursed for your travelling and parking costs, and you can claim childcare expenses. You can claim up to $80 a day for childcare provided by a commercial childcare company.

Talk to the court before jury service if you have a child or children with needs that require more costly childcare.

What about your job?You must attend jury service unless your service is deferred or you are excused by the court. Your employer cannot stop you attending.

The court will reimburse you for travel, car parking and childcare expenses. Your employer does not reimburse you for these expenses.

Can your fee for jury service be paid directly to your employer? The fee for attending jury service must be paid to you. It cannot be paid directly to your employer.

If you attend court for jury service and you are not needed for the afternoon, or for a particular day, should you return to work? If you attend jury service, but are not needed, you should return to work if you have enough time to do so. The court will tell you if you might be needed on other days of that week. You can check this the day before by phoning the court (the number is on your summons). You can also check the ‘next day requirements’ for your court at www.justice.govt.nz/services/jury-service.

Is your jury fee counted as income for tax purposes? Your jury fee is ‘exempt income’ for tax purposes. This means you do not have to declare to Inland Revenue that you or your employer have received jury fees. For more information, see the Income Tax Act 2007, section CW 26, Jurors’ and witnesses’ fees.

Jury fees are not liable for the ACC earners’ levy.

Jury fees include GST.

If you or your employer still have questions, contact your nearest court or go to www.justice.govt.nz/services/jury-service.

You can also email juryservice@justice.govt.nz

Jury ServiceRatonga Ro-pu- Whakawa-

Information for people selected for jury service

What if you can’t attend?If you can’t attend jury service on the date you are required to, you can apply to defer (put off) your attendance to a later date. However, you must have a valid reason to put off jury service. The response form has more information about possible reasons for putting off your jury service.

What if you can’t attend now or later?The court can excuse you from attending if you have a valid reason not to attend. The possible reasons are outlined on the response form.

You must attend jury service unless your service is put off or you are excused. If you do not attend, you may be fined up to $1000.

What is a jury?A jury is a group of 12 people randomly selected from the community. Their task is to hear the evidence of a case, decide on the facts and then reach a verdict – guilty or not guilty.

Jury service is an important community responsibility. Justice ultimately depends on the commitment of the jurors who serve in our courts.

Why do we have juries?New Zealand inherited its jury system from Britain when it became a Crown colony in 1840. By 1841, New Zealand’s jury system was already up and running.

Today, jury trial courts are located throughout New Zealand. The right to a fair trial by a jury made up of people from the community is now an essential part of the New Zealand justice system.

How are people selected for jury service?If you receive a jury summons, it means your name has been selected at random from the electoral rolls. Your summons tells you when and where you need to report to court.

By law, you must attend jury service unless:

your service has been deferred, or•

you are officially excused from jury service.•

Only the court can defer or excuse you from jury service.

What skills do you need to be on a jury?You don’t need to be a legal expert to be on a jury. The judge will help you with any legal information. People on juries come from all parts of society. Your experience and the decisions you’ve made in your life so far are all the preparation you need.

Being a juror might seem challenging, but people also find it interesting and rewarding. It is your opportunity to make an important contribution to New Zealand’s justice system.

Do you need to understand and be able to speak English fluently?All court proceedings are in English. Understanding English is important. If you can understand and take part in a group conversation in English, you probably understand English well enough to be on a jury.

If you think you may have trouble understanding the trial, you should speak to a member of staff at the court.

This leaflet explains what you need to do now that you have been selected for jury service. It also gives you some general information about jury service.

For more information, you can also visit the Jury Service website at www.justice.govt.nz/services/jury-service.

Thank youOur justice system depends on people like you serving as jurors. By participating, you are serving the community and making the justice system work for everyone. Your time and contribution are greatly appreciated.

What you need to do now Fill out the response form that came with your jury summons. The response form lets court staff know you are attending jury service, so they can prepare for the trial.

Are you eligible? Some people are not eligible to serve on juries. The response form has more information about eligibility.

In general, you are eligible to serve on a jury if you are:

currently enrolled on one of New Zealand’s •electoral rolls

live within a jury district (that is, within 45 kilometres •of the court).

For your employerYou may like to tear off this section and give it to your employer.

What your employer needs to know about your jury service Jury service is an important responsibility for New Zealand citizens and is a key part of our justice system. It is important that any person who is summoned to attend jury service does so.

Can your employer stop you attending jury service? Your employer must allow you time away from work to attend jury service. If you apply to be excused, your employer can write a letter to support your application. You will need to include the letter with your response form. Your employer cannot write directly to the court.

How long will you be away from work?Jury service is usually for one week. You may be chosen to be a juror the morning you arrive at court, later in the week or not at all. If a trial is scheduled to last longer than one week, we will tell you in your jury summons.

Sometimes trials run longer than scheduled. If this happens, the court will give you information as soon as possible. You must continue your jury service until the trial ends.

Does your employer pay you for your time away from work? Your employer does not have to pay you for your time on jury service. You will be paid a fee by the court for jury service. Some employers make up the difference between the fee and your normal income. Check your employment agreement to see if your employer does this, or ask your employer directly.