Magistrates Court (Justice of the Peace) Regulations 2014

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Magistrates’ Court (Justice of the Peace) Regulations 2014




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MAGISTRATES’ COURT (JUSTICE OF

THE PEACE) REGULATIONS 2014


Magistrates’ Court (Justice of the Peace)
Regulations 2014 Arrangement of Sections





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MAGISTRATES’ COURT (JUSTICE OF THE PEACE)

REGULATIONS 2014

Arrangement of Sections

Regulation

1 Short Title .............................................................................................................. 5
2 Application for appointment .................................................................................. 5
3 Qualifications ......................................................................................................... 5
4 Tenure, renewal and cessation of office ................................................................ 6
5 Form of oath........................................................................................................... 6
6 Handbook ............................................................................................................... 6
7 Record Keeping ..................................................................................................... 6
8 Contact with Justices of Peace ............................................................................... 7
9 Absence from office ............................................................................................... 7
10 Fees ........................................................................................................................ 7
11 Honorarium ............................................................................................................ 7

SCHEDULE 1 8

APPLICATION FOR APPOINTMENT AND RENEWAL AS JUSTICE OF
THE PEACE (JP) 8

DECLARATION 15

Magistrates’ Court (Justice of the Peace) Regulations
2014 Regulation 1





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MAGISTRATES’ COURT (JUSTICE OF THE PEACE)

REGULATIONS 2014

MAGISTRATES COURT ACT

The Lord Chief Justice, in exercise of the powers conferred by section 94A(5) of the

Magistrates' Court Act, makes the following Regulations —



1 Short Title

This Regulation may be cited as the Magistrates’ Court (Justice of the Peace) Regulations 2014.

2 Application for appointment

(1) A person seeking appointment as a Justice of the Peace shall -

(a) give to the Registrar of the Supreme Court an application in the approved form in

Schedule 1, and a copy of criminal record search from the Ministry of Police that

is not more than 2 months old.

(2) The Registrar of the Supreme Court shall make inquiries and seek character references

about an applicant for appointment that are reasonably necessary to find out whether the

applicant is a fit and proper person.

3 Qualifications

(1) A person is qualified to be appointed as a Justice of the Peace if the person -

(a) is at least 35 years of age at the date of appointment;

(b) is a Tongan citizen by birth, descent or grant of citizenship;

Regulation 4
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2014





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(c) is of good character;

(d) normally has resided in the nominated area of appointment for at least the last 2

years consecutively;

(e) has good knowledge of local customs, cultures and traditions; and

(f) has a reasonably adequate command of the English language.

4 Tenure, renewal and cessation of office

(1) Justices of the Peace will hold office for one year running from 1 July to 31 June.

(2) Upon application to the Lord Chief Justice made in writing before 1 June in the year of

appointment the appointment may, in the discretion of the Chief Justice be renewed for

a further year.

(3) Certificates of renewal may be issued by the Registrar of the Supreme Court.

(4) Upon receipt of a notification under paragraph 4 of the Code of Conduct the appointment

of a Justice of the Peace may be suspended or terminated by the Lord Chief Justice.

(5) Justices may resign their appointment by written notice to the Lord Chief Justice.

5 Form of oath

A person appointed as a Justice of the Peace under section 94A of the Magistrates Court Act

must take the following oath before their appointment is made effective -

“I swear in the presence of God that I will be loyal to His Majesty King Tupou VI, the

lawful King of Tonga, his heirs and successors, according to law, and that I will perform

truly and with impartiality my duties as a Justice of the Peace in accordance with the

Constitution and Laws of the Kingdom.”

The Justice of the Peace shall read and sign the oath of office in the presence of the King or the

Lord Chief Justice.

6 Handbook

Justices of the Peace must be thoroughly familiar with the Justice’s Handbook 2014. They must

abide by the Code of Conduct included therein.

7 Record Keeping

Justices of the Peace must keep a record of all official activities undertaken by them in their

minute books and these books must be available for inspection by the Registrar of the

Supreme Court.

Magistrates’ Court (Justice of the Peace) Regulations
2014

Regulation 8 Contact with
Justices of Peace






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8 Contact with Justices of Peace

(1) Justices of the Peace should be available for contact by members of the public during

normal public service office hours.

(2) Justices of the Peace should be available to the Chief Magistrate and Registrar of the

Supreme Court by mobile phone at all hours in case of emergencies.

9 Absence from office

Justices of the Peace are at liberty reasonably to absent themselves from their duties for travel

overseas or other personal reasons. Before taking leave of absence they must advise the

Registrar of the Supreme Court and the Chief Magistrate of the dates of their departure and

return. This may conveniently be done by text message via mobile phone.

10 Fees

(1) Justices of the Peace must no receive gifts, fees, or other rewards in kind for discharging

their duties except as provided by this regulation.

(2) A fee of $5 may be collected for certifying documents and administering oaths or

affirmations. No fee may be demanded for executing warrants, summonses or family

protection orders.

(3) Justices of the Peace may keep the fee they collect but must make a note of all fees levied

as part of their record keeping.

11 Honorarium

At the commencement of each 12 month period of appointment a Justice of the Peace shall be

entitled to be paid an honorarium of $1000.





Made this 16 day of October 2014 at Nuku’alofa.



M.D. Scott

Lord Chief Justice

SCHEDULE 1
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2014





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SCHEDULE 1

APPLICATION FOR APPOINTMENT AND RENEWAL
AS JUSTICE OF THE PEACE (JP)



Important explanatory notes – please read carefully

Application:

- Unless there are exceptional circumstances, this application form MUST be

completed in full. Please use block letters.

Applicants:

- Must be 35 years of age or above at date of appointment.

- Must be a Tongan citizen by birth, descent or by grant of citizenship.

- Be of good character and be a fit and proper person. They must be respected and

have good standing in society and their community.

- Have good knowledge of local customs, cultures and traditions. It is desirable if

applicants can demonstrate experience or service in a large company/organization

or government department or agency.

- Normally have resided in the nominated area of appointment for at least the last 2

years consecutively.

- Must have three referees.

- Must consent to a Police and Records check.

Referees:

- Must be persons of good standing in the community.

- Must have known you well for more than 5 years (do not include referees who

have known you for less than 5 years).

- Must reside in Tonga.

- Must NOT be relatives by birth or marriage.

Changes of contact details:

- Once you have been appointed it is essential that you notify the Office of the Lord

Chief Justice of any change of contact details within 14 days.

Required documents to be forwarded to the office of the Lord Chief Justice:

1. Application form to be filled by applicants

2. Curriculum Vitae including details of community service done

3. References (read above)

4. Receipt for Police Clearance report, and copy of police clearance report

5. One certified copy of ID

Magistrates’ Court (Justice of the Peace) Regulations
2014 SCHEDULE 1





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6. Any other documents that support your application.



Applications to be sent to:

Post: Registrar, the Supreme Court of Tonga, PO Box 11, Nuku’alofa, Tonga.

I. Personal details

1.
Title (Mr, Mrs, Dr, Rev,

etc)





2. Surname




3. Given names




4.

If you have been known by

other names, please state

other names



5. Date of birth




6. Place of birth




II. Contact details

7. Residential address







8. Postal address (if different)







9. Telephone / mobile number




10. Email address







SCHEDULE 1
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III. Other details

11. Passport number




12. Driving Licence number




13.



Occupation (or former

occupation)



14.



Name, address and contact

number of employer







Please answer the following suitability question

15. Are you a Tongan citizen? Yes



No



16.

Have you ever been

declared bankrupt or had

letters of administration

granted against you?

Yes



No



If yes, state when

bankruptcy or

administration was

discharged



17.

Are you:

1. currently an

undischarged bankrupt,

or had a receiving

order made against you

or

Yes





No





2. consented to orders

against you in

bankruptcy

proceedings or

Yes No

Magistrates’ Court (Justice of the Peace) Regulations
2014 SCHEDULE 1





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3. committed an act of

bankruptcy?



Yes





No



If yes, give details.











18.

Have you been convicted of

any offence (including

traffic offences but

excluding parking fines) in

the Kingdom of Tonga, or

elsewhere?

Yes



No



If yes, give details

(including date, court (if

applicable), offence and

penalty).

































19.

Are there any civil

proceedings likely to be

issued or already pending or



SCHEDULE 1
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issued against you? If so,

give details.



20.
What languages to do you

speak and write fluently?





21.

What level of education did

you attain? Please list

qualifications and provide

copies of certificates

awarded to you



























22.

Official appointments or

posts held or previously

held, with dates.



















Please answer the following questions (circle applicable choice)

23.

Have you previously

applied for appointment as

a Justice of the Peace?

Yes



No



Magistrates’ Court (Justice of the Peace) Regulations
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24.

For which region are you

applying to be a Justice of

Peace?



Tongatapu





‘Eua





Vava’u





Ha’apai





Niuafo’ou





Niuatoputapu



Memberships of clubs / associations etc or details of participation in the community

(if more, please attach on separate page)

25.

Project or club/association

name


Position held and specify

responsibilities



















Referees (three names and addresses required)

Please ensure your referees know you sufficiently well to comment and are aware of this

application. A referee cannot be a family member. A written referee (and subsequent

confirmation) will also be accepted.

26.

Name (1st referee)




Address




Telephone




SCHEDULE 1
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27.

Name (2nd referee)




Address




Telephone




28.

Name (3rd referee)




Address




Telephone








Magistrates’ Court (Justice of the Peace) Regulations
2014 SCHEDULE 1





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DECLARATION

I.......................................................................................... hereby apply for appointment as a

Justice of the Peace in Tonga. I am willing, if appointed, to undertake all duties attached and

abide by the law and rules as they relate to the role of a Justice of the Peace.

I give my consent to the Lord Chief Justice and his or her authorized nominees to conduct a

criminal history check on me and to make confidential inquiries from the Police, the Courts,

Immigration or other relevant authority as to my character, suitability and financial probity

for appointment as considered necessary.

I further declare that I do not have any physical or mental incapacity that may affect the

exercise of my functions if appointed as a Justice of the Peace.

I acknowledge that, if appointed, I will not knowingly perform the functions of a Justice of

the Peace in relation to a matter before me in circumstances that would give rise to a conflict

of interest.

I hereby declare that the statements made in this, my application for appointment and any

attachments in support of this application, are true and correct in every material particular.

I understand that any material non-disclosure made or false information provided by me in

this expression of interest may result in the revocation of my subsequent appointment or

other penalties.

Declared at........................... this .....................day of.......................20......

Signature of Applicant:.................................................

Witnessed by:..............................................................

(Court Registrar, Magistrate, JP, Town Officer, Head Master/Teacher or Police Officer)

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