Sheriffs in New Zealand

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Sheriffs in New Zealand are officers of the Superior Courts and function as the executive arm of these courts. [1] They are responsible for serving court processes like summonses and subpoenas in the same way that Bailiffs serve the court processes of the District Court of New Zealand. [2] They play an important role in the execution of court orders of the High Court, Court of Appeal and the Supreme Court of New Zealand. Sheriffs are forbidden from acting as barristers, solicitors, or acting as agent of a law firm while employed in the role of Sheriff. [3]

Contents

Sheriffs in New Zealand have had various different roles and responsibilities in different eras of the country and today Sheriffs have a dramatically diminished role compared to the past.

Today

Today the role of Sheriff and court Registrar are a dual position where the role of sheriff is automatically given to anyone who has gained the position of Registrar, as the Senior Courts Act 2016 states that each "Registrar is also a Sheriff for New Zealand". Deputy Registrars and other officials may also be appointed as Deputy Sheriffs to help and assist Sheriffs. [4]

Sheriffs have the powers to serve the court such as summonses, to enforce the orders of the court and the power to arrest a person in accordance with an order of the High Court. [1] Sheriffs can ask Deputy Sheriffs, Bailiffs, any Sheriff's officers that they employ to help them in their duties, however in practice, the police often carry out the functions of sheriffs on their behalf. [5]

The duties of Sheriffs can extend from selling properties owned by indebted people on the behalf of the High Court (like a like an apartment block) or performing constitutionally required ceremonial duties like escorting the Chief Justice when they are opening a new session of the New Zealand Parliament. [6] [7]

History

Sheriff Charles Simeon's reward poster offering a PS50 reward for the capture of James Mckenzie after he escaped from gaol published in the Lyttelton Times in May 1855 James mackenzie reward.jpg
Sheriff Charles Simeon's reward poster offering a £50 reward for the capture of James Mckenzie after he escaped from gaol published in the Lyttelton Times in May 1855

At the beginning of New Zealand's colonial history, sheriffs were appointed by the governor to enforce orders of the court, starting with Sheriff James Coates, who was appointed by Governor William Hobson to be the "Sheriff of the Colony of New Zealand and its Dependencies" in July 1841. [8] [9] Sheriffs at this time had the responsibility of upholding capital punishments by finding a willing executioner and organising the execution event, as was first overseen by Coates in 1842. [10] After Coates was joined by other individuals appointed as sheriff in 1842, he was alternatively referred to as the "High Sheriff" in order to show his seniority compared to the other "Sub-Sheriffs". [11]

Further, between 1840 and 1853 they had the additional responsibility of building and running local gaols (jails) and hire gaolers (jailers) to manage the prisoners. The underfunded and overcrowded gaols were of such poor condition that responsibility for running these gaols were handed over to the recently established provincial governments in 1853. [12] For a period of time the responsibility for funding the local sheriff's offices was also handed over to the various provincial governments throughout the country, [13] although outlaw James McKenzie was still able escape from Lyttelton Gaol on at least two occasions due to the poor condition of the gaol in 1855. [14]

Alexander McDonald resigned from the job of sheriff of Nelson in 1843 after only a few months after he received a letter from the Colonial Secretary reminding him that his job was to conduct the business of the courts and to not organise public meetings and engage in other endeavours that were not in the job description. [15]

After 1853, with the signing of the New Zealand Constitution Act 1852, sheriffs also acted as the returning officers in both provincial and national elections. [16] In July 1861, Sheriff Shafto Harrison created controversy when he was elected to the Wellington Provincial Government while also being employed as the Sheriff of Wanganui who had electoral overseeing duties. [17]

To help with these increased duties, a number of sheriffs in 1859 were given the assistance of a deputy sheriff to help them complete matters of the sheriff's office. [18]

In 1866 there was considerable scandal when the former sheriff of Otago, Robert Henry Forman, was arrested on board a ship leaving for Sydney shortly after he resigned and was charged with unlawfully taking money for his own use. Further scandal was created when he was granted a discharge without conviction. [19] Further scandal came in 1872 with the appointment of William Henry Eyes as sheriff of Marlborough, who was a convicted rapist and got caught engaging in adultery not long after he became sheriff. [20] [21]

Lists of sheriffs

New Ulster and New Munster

SheriffShrievaltyOfficeAssumed officeLeft office
James Coates New ZealandAucklandJuly 1841January 1842
Thomas Beckham North New Ulster RussellJanuary 1842March 1844
James CoatesCentral New UlsterAucklandJanuary 1842September 1843
Michael Murphy Southern New UlsterWellingtonJanuary 1842January 1843
Henry St. Hill Southern New UlsterWellingtonJanuary 18431853
Alexander McDonaldNorth New Munster NelsonMarch 1843October 1843
Percival BerreyCentral New UlsterAucklandSeptember 18431853
F. MarshallNorth New MunsterNelsonDecember 1843April 1845
Joseph DixonNorth New UlsterRussellMarch 1844February 1845
Donald SinclairNorth New MunsterNelsonApril 1845February 1848
John TinlineNorth New MunsterNelsonFebruary 1848December 1852
Alfred Rowland Chetham-Strode South New MunsterDunedinAugust 18501853
Edward WrightCentral New MunsterLytteltonApril 1851July 1853

Auckland

SheriffShrievaltyAssumed officeLeft office
Thomas BeckhamAuckland1853January 1855
Loughlin O'Brien AucklandJanuary 1855March 1865
Henry Colin Balneavis AucklandMarch 1865August 1876

Taranaki

TilteSheriffShrievaltyAssumed officeLeft office
SheriffJosiah FlightNew Plymouth1853April 1868
DeputySamuel Popham KingNew PlymouthAugust 1859

Hawke's Bay

SheriffShrievaltyAssumed officeLeft office
Henry Robert Russell NapierOctober 1857

Wellington

SheriffShrievaltyAssumed officeLeft office
Henry St. HillWellington1853May 1854
William Fox WellingtonMay 18541855
Henry St. HillWellington1855January 1864
Henry Shafto Harrison WanganuiJuly 1857July 1861
Herbert Samuel WardellWairarapaOctober 1863April 1885
Thomas HarperWanganuiJuly 1861November 1870
Charles Dudley Ward WellingtonJanuary 1864January 1866
James Coutts Crawford WellingtonJanuary 1866July 1878
Walter Lawry Buller WanganuiJanuary 1871July 1873

Nelson

SheriffShrievaltyAssumed officeLeft office
Benjamin WalmsleyNelsonMarch 1853January 1862
Maxwell Bury NelsonNovember 1861April 1863
William Wells NelsonApril 1863May 1863
Benjamin WalmsleyNelsonMay 1863February 1870
Joseph GilesWestland NorthApril 1868January 1876
Thomas Brunner NelsonFebruary 1870February 1872
Lowther BroadNelsonFebruary 1872December 1875

Marlborough

SheriffShrievaltyAssumed officeLeft office
Thomas William DownesPictonNovember 1861October 1866
Dr Stephen Lunn MullerBlenheimJuly 1866February 1872
William Henry Eyes BlenheimFebruary 1872May 1873
Cyrus GoulterBlenheimMay 1873January 1879

Canterbury

SheriffShrievaltyAssumed officeLeft office
Charles Simeon LytteltonNovember 1853August 1855
Henry Tancred LytteltonAugust 1855May 1856
Charles Christopher Bowen LytteltonMay 1856December 1856
John Hall LytteltonDecember 1856January 1862
Alexander BackChristchurchNovember 1861January 1878
George Samuel Sale WestlandNovember 1865September 1866
Gerard George Fitzgerald Westland County September 1866February 1878

Otago

SheriffShrievaltyAssumed officeLeft office
Alfred Rowland Chetham-Strode Dunedin1853June 1857
John GilliesDunedinJune 1857June 1863
Robert Henry FormanDunedinJune 1863January 1866
Alfred Rowland Chetham-StrodeDunedinJanuary 1866January 1868
Alfred William SmithDunedinJanuary 1868May 1868
Isaac Newton WattDunedinMay 1868August 1878

Southland

SheriffShrievaltyAssumed officeLeft office
Matthew PriceInvercargillFebruary 1863October 1865
H. McCullockInvercargillOctober 1865

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  17. WELLINGTON INDEPENDENT, VOLUME XVI, ISSUE 1598, 9 JULY 1861, PAGE 5
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