Address at the swearing-in ceremony for Community Magistrates

Mihi

Thank you, your Honour. It's a pleasure to be here in Manukau today for such an important occasion - the swearing-in of eight new Community Magistrates.

I'd like to acknowledge His Honour Chief Judge Russell Johnson; His Worship the Mayor of Manukau, Len Brown; and all of you who have come here today to support our new Community Magistrates. Your presence here today as representatives of your community is important.

Congratulations to the eight Community Magistrates who have just been sworn in:  Rebecca Ewert, Phil Greenbank, Dianne Hale, Janet Holmes, Lauolefale Lemalu, Lavinia Nathan, Joanna Sihamu, and Fenella Thomas - I am pleased to be here to share this very important day with you.

As our new Community Magistrates you represent greater community involvement in our justice system. We need to have our communities engaged and represented, in our judicial process to ensure their relevance and.....

You have been selected from the wider Auckland community, to serve this very same community. You come from Whangaparoa in the North, to Manukau in the South. You bring extensive and diverse experience to your new roles. Your qualifications range from law to psychology to social work. You have worked in hospitals and on marae. You have been councillors, justices of the peace, company directors and lecturers.

So you bring the diversity of the communities you represent into the justice system, together with personal insight, experience, knowledge and understanding of your community. This is an important principle underpinning this initiative.

Community Magistrates play an important role in the justice system, presiding over matters before the District Courts, working alongside Judges, Justices of the Peace and other judicial officers.

Many if not all of you here today will have noted a marked increase in cases coming before the courts in recent years. This increase has been felt most in courts in the Auckland region.  This Government has recognised the impact of workload pressures in our courts and has provided funding to address this, specifically for the Auckland region.  This funding has enabled the appointment of the Community Magistrates sworn in today, and will also allow for the appointment of additional Judges and additional registry staff later this year.

Having eight Community Magistrates sitting in Auckland will significantly increase the available judicial resource, and therefore the efficiency of our courts here.  Community Magistrates will hear cases of a less serious nature in the criminal summary jurisdiction, such as traffic-related offences, breaches of parole, and disorderly behaviour. This allows District Court judges to bring their experience and expertise to more complex cases.

Community Magistrates sit in the District Courts on criminal court cases within the criminal summary jurisdiction (usually less serious offence charges).  They have powers that cover any offence that carries a maximum penalty not exceeding three months imprisonment, or offences where the maximum fine does not exceed $7,500. 

They are also able to impose sentences in cases involving defended and non-defended minor fine-only offences - most commonly traffic offences such as careless driving or driving without a licence - and they can also hear applications for bail and remand, and conduct the preliminary hearings for more serious charges.

In addition to these powers, Community Magistrates are also able to impose sentences on persons who have been found guilty by a District Court judge, or who have pleaded guilty to certain summary offences such as wilful damage, offensive behaviour or trespassing.  Community Magistrates have the power to direct enforcement against fines defaulters and are able to impose a range of other sentences, such as reparation, community-based sentences, disqualification from driving, and fines

Community Magistrates are called upon to work on Saturdays, public holidays and outside of traditional court hours (i.e. between 8:00am and 6:30pm).

The role of Community Magistrate is not new. For the past ten years we have seen the benefits, for example improvements in case disposal rates and timeliness, that Community Magistrates have brought to the Waikato/ Bay of Plenty courts. (And I would like to take this opportunity to thank Community Magistrates from that region who have just spent the last fortnight in Auckland courts familiarising staff working in the courts and judicial officers with how they operate).

This takes me back to 1999 when I was the Minister for Courts when I had the privilege of overseeing the introduction of the new Community Magistrates initiative in Waikato and the Bay of Plenty.

We all look forward to the benefits Community Magistrates will bring to the Auckland metropolitan and satellite District Courts, and ultimately to the community in which they are located.

I have been briefed on the Community Magistrate selection and training process, and am impressed with its rigour. It has enabled the appointment of high calibre people to these positions.  I would like to acknowledge the work of the Chief District Court Judge and the other judges involved in getting us to where we are today. 

I would like to thank all those who gave of their time to provide support to the process - from Sir Bruce Slane on the interview panel, to the Salvation Army, Victim Support, Auckland District Law Society, New Zealand Law Society, Police Prosecutions from the regions, and Corrections staff.  My thanks also to court staff for sharing their knowledge and providing support to the training programme.

I know that our new Community Magistrates can rely on the support of everyone here as they commence their work in the Auckland courts over the next few months. You certainly have the support and best wishes of the Government.

I know you will make an outstanding contribution to the overall objective of improving access to justice, for our fellow citizens, and I wish you well in your brief.