Submitted by admin on April 22, 2009 - 21:32
Selection of Juries
Juries are selected from a jury roll consisting of qualified persons residing within 15 miles of each Supreme Courthouse. The roll was formerly compiled by police canvass, but following the Juries Amendment Act of 1963 will be prepared every three years from the electoral rolls. Before each criminal sessions a jury is chosen by lot from the names on the roll. The panel is sworn at the beginning of the sessions and from it 12 jurors are drawn for each trial. The Crown and the accused may each challenge six jurors peremptorily. In addition the Crown may stand aside any juror called; he can be recalled only if the whole panel is exhausted. Challenges may also be made for cause, the challenger endeavouring to show that the person called is disqualified or not impartial. This form of challenge is rarely used in New Zealand.
In civil cases actions in the Supreme Court claiming payment of a debt or damages were, before 1924, triable by jury. In 1924 rules made by the Judges took away the right of jury trial except in causes of action arising solely out of tort. These rules were criticised on their merits and on the ground that so substantial a change should have been made by Parliament. The former position was restored by legislation in 1936. The present law is that civil actions, in which the only relief claimed is payment of a debt or damages exceeding £50 or the recovery of chattels exceeding that value, are tried by a jury if either party seeks one, unless the principal issue involves difficult questions of law or the trial will require technical investigations or prolonged examination of documents which cannot conveniently be made with a jury. Any other action may be tried with a jury if the Judge thinks it convenient. If the amount at issue exceeds £500 the jury is of 12; if £500 or less, of four. Unanimity is unnecessary in civil cases. The verdict of a three-quarter majority may be taken if all cannot agree within three hours.
There is little sign that the use of the jury in civil cases is diminishing. In 1950, out of a total of 358 cases of all kinds, 90 cases were heard in the Supreme Court with a jury. In 1960 the figures were 386 and 138. Some, however, would like to see the civil jury eliminated in most cases, as it has been in England and in some of the Australian States.
by Bruce James Cameron, B.A., LL.M., Legal Adviser, Department of Justice, Wellington.