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Array
(
    [entityType] => ITEM
    [entity] => Array
        (
            [contextId] => aims
            [description] => Array
                (
                    [0] => This agency was created by Archives New Zealand to describe the court(s) records it holds that relate to Wellington.
                )

            [id] => ADEE
            [idSort] => ADEE
            [name] => Justice Courts - Wellington
            [custom] => Array
                (
                    [custom1] => This agency description was compiled as part of a project to capture the finding aids created prior to 1987 into the GAIMS system.  The agency dates are the dates of holdings.

History of the archives:  (This is a summary of a document numbered 'Appendix III', included in the original Justice record group binders.) 
The majority of the various Courts records were inspected by Dr. Scholefield (Controller of Dominion Archives), or negotiated for with the Justice Department, in the years following his appointment in 1926.  Further material, including records for Wellington courts, was transferred during the 1960s.
                    [custom2] => Archives New Zealand, Undated, Justice (J) Record Group,  Administrative History and 'Notes on the organisation of Justice - The principal courts of justice'.
                )

            [identifier] => Array
                (
                    [priref] => Array
                        (
                            [0] => 1688
                        )

                )

            [agentHierarchicalRelation] => Array
                (
                    [0] => Array
                        (
                            [name] => Justice Department
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1891-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1982-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Agency
                            [relationHasTarget] => ACGS
                        )

                )

            [agentType] => Record group
            [authorityRelation] => Array
                (
                    [0] => Array
                        (
                            [name] => Sample criminal and civil case files
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [dateQualifier] => Array
                                        (
                                            [0] => unknown
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [dateQualifier] => Array
                                        (
                                            [0] => unknown
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16362
                        )

                    [1] => Array
                        (
                            [name] => Miscellanous Wellington Magistrate's Court indexes
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1876-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1949-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16361
                        )

                    [2] => Array
                        (
                            [name] => Registers - miscellaneous
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [dateQualifier] => Array
                                        (
                                            [0] => unknown
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [dateQualifier] => Array
                                        (
                                            [0] => unknown
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16360
                        )

                    [3] => Array
                        (
                            [name] => Industrial School Court Registers
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1893-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1935-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16359
                        )

                    [4] => Array
                        (
                            [name] => Registers - "Destitute Persons Act" [Maintenance/Guard Books]
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1891-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1949-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16358
                        )

                    [5] => Array
                        (
                            [name] => Maintenance record books
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1934-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1949-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16357
                        )

                    [6] => Array
                        (
                            [name] => Children's Court record books
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1926-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1947-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16356
                        )

                    [7] => Array
                        (
                            [name] => Plaint books
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1892-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1949-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16355
                        )

                    [8] => Array
                        (
                            [name] => Civil record books
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1892-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
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                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1949-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16354
                        )

                    [9] => Array
                        (
                            [name] => Criminal record books
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1893-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1949-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => approximate
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16353
                        )

                    [10] => Array
                        (
                            [name] => Chattel security registrations
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [normalizedValue] => 1915-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => exact
                                            [1] => yearOnly
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [normalizedValue] => 1933-01-01T00:00:00.0Z
                                    [dateQualifier] => Array
                                        (
                                            [0] => exact
                                            [1] => yearOnly
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16352
                        )

                    [11] => Array
                        (
                            [name] => Supreme Court records
                            [type] => controlling
                            [hasBeginningDate] => Array
                                (
                                    [dateQualifier] => Array
                                        (
                                            [0] => unknown
                                        )

                                )

                            [hasEndDate] => Array
                                (
                                    [dateQualifier] => Array
                                        (
                                            [0] => unknown
                                        )

                                )

                            [itemType] => Series
                            [relationHasTarget] => 16351
                        )

                )

            [digitalRecordInArchive] => 
            [hasBeginningDate] => Array
                (
                    [type] => YearStart
                    [normalizedValue] => 1891-01-01T00:00:00.0Z
                    [dateQualifier] => Array
                        (
                            [0] => approximate
                            [1] => yearOnly
                        )

                )

            [hasEndDate] => Array
                (
                    [type] => YearEnd
                    [normalizedValue] => 1982-01-01T00:00:00.0Z
                    [dateQualifier] => Array
                        (
                            [0] => approximate
                            [1] => yearOnly
                        )

                )

            [history] => 
Many of the Justice Court agencies contain the records of more than one court.  The specific courts whose records are held are not always identifiable from the list(s).  The types of court (and other forms of judiciary) whose records are included in Justice Court agencies are detailed below:
Supreme Court/High Court (1841-)
The Supreme Court was established by the Supreme Court Ordinance 1841 (December) and its powers were amplified in 1844 legislation.  Initially there was a single Supreme Court although judges were appointed to sit in different centres.  At first judges were colonial officials removable at Her Majesty’s pleasure.  Legislation in 1858 established the principle of an independent judiciary.  Legislation in 1860, 1882 and 1908 consolidated the type of cases to be heard in the Supreme Court.  The Supreme Court had criminal and civil jurisdiction over all indictable and electable offences where the accused had elected trial by jury; divorce; probates; bankruptcy and execution of trusts. It had supervisory powers over inferior courts, hearing appeals from lower courts etc.
Until 1973 New Zealand was divided into Supreme Court districts.  Most civil cases had to be commenced within the particular district where action occurred, with the exception of divorce and bankruptcy, which could be commenced in any district.  Difficulties arose, as Sheriff’s districts did not always coincide, even though the sheriff was also the Supreme Court registrar.  So districts were abolished and civil cases were filed at the nearest office to the place where cause of action arose.
1968 the Judicature Act Amendment Act established a separate Administrative Division of the Supreme Court to determine disputes over the valuation of land and claims for compensation when land is taken for public purposes.  It also heard appeals from administrative tribunals under a number of specified Acts.  In 1980 the title ‘Supreme Court’ was changed to ‘High Court’.
Justices of the Peace (?1814-)
Justices of the Peace were appointed with a warrant signed by the Governor General.  Although legislation relating specifically to Justices of the Peace was not passed until 1866, the office had existed in New Zealand even earlier than 1840, with the first appointment being the Missionary and British Settler Thomas Kendal, in 1814.
The Justices (also known as Commissioners of the Peace) were appointed by the Governor and held considerable authority in judicial and criminal matters, which were determined by a wide variety of legislation.  The administration of nominations and appointments was the responsibility of the Department of Justice from its inception in 1872.
In 1926 the Justices of the Peace Amendment Act provided for the appointment of women as Justices of the Peace for the first time.  The 1957 Justices of the Peace Act consolidated earlier legislation.  Two other 1957 enactments also considerably affected the jurisdiction of Justices: The Oaths and Declarations Act 1957 was a clear and simple codification of the law; and the Summary Proceedings Act 1957, which had the effect of seriously curtailing the former wide criminal jurisdiction of Justices.
Police Magistrates (1840-1846)
Police Magistrates exercised criminal jurisdiction in minor offences from 1840-1846.  A Police Magistrate had powers to deal with offenders equal to two Justices of the Peace.
Resident Magistrates’ Court (1846-1893)
In 1846 Governor Grey appointed the first Justices of the Peace as Resident Magistrates to operate Resident Magistrates’ Courts in both the main urban and rural Maori settlements.  Resident Magistrates had exclusive jurisdiction in civil inter-racial cases.  They, assisted by two kaiwhakawa (Maori Assessors chosen by local chiefs), could also hear intra-Maori civil cases.  The role of the Resident Magistrate was to ensure peaceful communal relations within districts and provide a link between central government and local Maori communities.  They were able to adjust the law informally and provide speedy redress and in this way special jurisdiction was provided for Maori.
Resident Magistrates were representatives of government in their geographic area and handled many non-judicial matters.  For example a Resident Magistrate often acted in the capacity of Warden, Returning Officer, Coroner, Chairman of Licensing Committee and Jury Officer.
In 1858 a Native Circuit Courts Act was passed.  This allowed Resident Magistrates and Maori Assessors to jointly operate Native Circuit Courts (with both civil and criminal jurisdiction) until the Act’s repeal in 1891.  From 1861, under the same Act, Assessors were able to hold Runanga (assemblies):  These were used to both make and administer local laws, with jurisdiction over Maori only.  By 1867, when Resident Magistrates were empowered with exclusive jurisdiction over Maori, runanga had officially ceased to function, though local remnants remained.
During the period of provincial government (1854-1876) the Resident Magistrates’ Act 1858 placed Resident Magistrates’ Courts under central government control.  The powers of jurisdiction invested in Resident Magistrates’ Courts gradually increased in 1856 and 1862 and were consolidated in 1867.  They eventually took over from District Courts.
Magistrates’ Court/District Court (1893-)
The Magistrates’ Court Act 1893 replaced the Resident Magistrates’ Courts with a lower court system presided over by Stipendiary Magistrates.  These changes meant special judicial provision for Maori disappeared and the position of Maori Assessor was removed.
The jurisdiction of this lower court was gradually expanded by Amendment Acts in 1908, 1927 and 1947 and the increasing practice of appointing qualified lawyers as magistrates:  Magistrates could exercise ordinary, extended or special jurisdiction.  To exercise extended jurisdiction a magistrate had to be a barrister or solicitor of the Supreme Court or have been a Resident Magistrate for five years.  (Extended jurisdiction simply reflected the value of sums in civil cases, which were double those under ordinary jurisdiction.)  To exercise special jurisdiction a magistrate had to be a barrister or solicitor.  In 1913 legislation was passed that required all magistrates to be barristers or solicitors of five or more years standing.
As a result of the 1952 Summary Jurisdiction Act Magistrates’ Court took over jurisdiction of all but the most serious cases, as opposed to specified indictable cases only.  In 1976 a Small Claims Tribunal was established within the Magistrates’ Court. 
The 1979 District Courts Amendment Act renamed Magistrates’ Courts as District Courts.
Court of Appeal (1846-)
An 1846 Supreme Court Amendment Ordinance first constituted a Court of Appeal.  It comprised the Governor and members of the Executive Council and its purpose was to settle the law of the country and reconcile conflicting decisions of the lower courts.
The Court of Appeal lapsed in 1861 and was reconstituted in 1862 under new legislation to comprise at least two Supreme Court judges.  In 1882 further legislation increased the type of cases the court could hear.  The court was further reorganised in 1913.
In 1957 the Court of Appeal was reconstituted under the Judicature Amendment Act as a separate Court, with a permanent body of judges drawn from, but quite separate from, the Supreme Court.  Its primary functions remained the same.  The 1970 Court of Appeal Act extended the civil jurisdiction of the court.
District Court (1858-1909)
In 1858 the District Court Act established District Courts to provide civil and criminal justice at district level.  These courts replaced the previous Courts of Request and Petty Sessions (see ‘Inferior Courts’).  The 1858 Sheriffs Act provided for the appointment of Sheriffs as officers of the District Courts.  The District Courts could perform certain Supreme Court functions in the absence of a Supreme Court judge, for example grant probate and grant and dissolve injunctions.  They initially had criminal jurisdiction over all but capital offences but this jurisdiction was removed in 1870 except in proclaimed areas (Hawkes Bay, Otago goldfields, Taranaki, Timaru and Westland).
District Courts gradually ceased to function and were abolished by proclamation in 1909 as by this date they possessed no powers not already held by the Supreme and Magistrates’ Courts.
Inferior Courts
The initial history of these courts is confused and many were short-lived:
In 1841 both criminal (General and Quarter Sessions Courts and Petty Sessions Courts) and civil courts (Courts of Requests) were set up.  General and Quarter Sessions Courts were modelled on those operating in England while the function of Courts of Request was to hear cases involving small debts.  The General and Quarter Sessions Courts and Courts of Requests were abolished in 1842 and replaced with County Courts (civil and criminal).  Petty Sessions Courts however continued to function.  These were presided over by two or more Justices of the Peace who could hear and determine all felonies and misdemeanours except the most serious.
In 1844 the County Courts were abolished.  Courts of Request were reinstated in 1844 and existed until 1858 although virtually superseded by the Resident Magistrates’ Courts established in 1846.
Petty Sessions Courts and Courts of Requests were abolished in 1858 and replaced by District Courts.  In 1865 Petty Sessions Courts were re-established.  These courts had the same jurisdiction as Resident Magistrates’ Courts and were run by Justices of the Peace.  They were under central government control during the provincial government period.  The courts fell into disuse and were finally abolished in 1891.
Wardens Court (1858-)
These courts were set up under the 1858 Warden’s Court Act to deal with applications for granting, surrender, exchange or protection of mining privileges.  Warden also heard and dealt with all civil and criminal suits arising within the goldfields districts. 
The majority of wardens were also Resident Magistrates and were almost completely under the control of the provincial governments.
Children’s Court (1925-)
Until 1925 charges against children were heard in a Magistrates’ Court, although often before the magistrate in his room.  The Child Welfare Act 1925 provided for the establishment of separate Children’s Courts and for the appointment of stipendiary magistrates or justices of the peace to exercise jurisdiction within them.  Proceedings of the court were not open to the public and could not be published. Until 1961, the age of criminal responsibility was 8 years.
Licensing Court (1874-)
Prior to 1873, Justices, the Colonial Secretary’s Office and then provincial governments administered the granting of liquor licences.
The Licensing Act 1873 and the Licensing Amendment Act 1874 provided for the establishment of liquor Licensing Courts and the appointment of members of these courts by the central government.  The appointment and removal of members was undertaken by the Justice Department.  The Resident Magistrates or Chairmen of the Petty Sessions were ex-officio Chairmen of the Licensing Courts.
 
 
 
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                            [location] => Wellington
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