TONGA

MAGISTRATES' COURT (JUSTICE OF THE PEACE) REGULATIONS 2014

Arrangement of Sections 

Regulation 

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

SCHEDULE 1 
APPLICATION FOR APPOINTMENT AND RENEWAL AS JUSTICE OF THE PEACE (JP) 
DECLARATION

__________________

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; 

(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. 

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

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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 

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 		
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	
	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 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	
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 		
27.	Name (2nd referee) 		
	Address 		
	Telephone 		
28.	Name (3rd referee) 		
	Address 		
	Telephone 		

________________

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)