A Tauranga Justice of the Peace convicted of more than $92,000 of tax evasion offences in 2019 says he has “done nothing wrong” and is set to retire in April.
Ian David Wilson’s convictions were reported by another Justice of the Peace, who asked
Tauranga Justice of the Peace Ian David Wilson to retire after tax-evasion convictions revealed
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Bay of Plenty Justice of the Peace Association operates several local service centres including from McLean House in McLean St, Tauranga. Photo / NZME
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The charges spanned almost two years.
Wilson was sentenced in the Tauranga District Court on November 12, 2019, to six months’ home detention.
Wilson told the Bay of Plenty Times he could not understand why his convictions were being raised again as he had disclosed his charges and convictions to the registrar of the Bay of Plenty Justices of the Peace Association and the Royal Federation of NZ Justices Associations registrar at the time.
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Wilson, 79, from Bethlehem, said he had been a JP since December 21, 2004 and his first court appearance was on May 9, 2019.
He said that on July 24, 2019, he, the Bay of Plenty association registrar and the federation registrar had a telephone conference during which he was told if he was convicted of the charges, the court would inform the Ministry of Justice.
Wilson said he pleaded guilty after a sentencing indication hearing on September 23, 2019, and was sentenced by Judge Paul Mabey KC on November 12, 2019.
“The federation registrar advised me if the ministry did not contact me within six months, I could continue working as a JP once my home detention sentence ended. And as I heard nothing from the ministry, that is what I did.
“I believe I have done nothing wrong and I feel like the complainant has gone on some sort of witch hunt to try to discredit me.
“I fully complied with my home detention sentence and my obligations as a Justice of the Peace to the letter of the law.”
Wilson said Judge Paul Mabey KC told him that despite his convictions, he was not a criminal and had continued to pay his annual Bay of Plenty JP Association membership subscription unchallenged.
He said his reasons for stopping work as a JP were not solely because of the complaint and the ministry’s investigation.
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“It’s also because of my wife’s failing health. I’ve become her fulltime carer, meaning attending the JP clinics in Welcome Bay and Tauriko is getting more and more difficult and I turn 80 on April 15.
“I feel I need to spend more time with my wife, and if my convictions are going cause any hassles for the association and the ministry, I think it’s best to retire.”
Wilson provided a copy of Judge Mabey’s sentencing notes to the Bay of Plenty Times.
Judge Mabey’s sentencing comments
During his sentencing hearing, Judge Mabey told Wilson that people with extensive periods of [community] service and no previous convictions “sometimes found themselves falling foul of the law”.
“At times they are unfairly judged for their perceived transgressions. You have breached the law relating to taxation. Mr Wilson, you are not a criminal.
“Despite the convictions which are entered on your guilty pleas and the sentence I am going to impose on you, you can and should, with your family, hold your head up and really deflect comments from others and criticisms you may receive,” he said.
“You have a history in our community which entitles you to take pride in yourself, and I am not branding you by the sentence today as someone who is a criminal, has acted criminally or has had a criminal purpose. Please take some comfort from that.”
In terms of the $92,934.58 taxes owed to the IRD, Judge Mabey did not make a reparation order after Wilson’s lawyer said his client had no prospect of paying it.
Federation response
Nigel Tate JP, the president of the Royal Federation of NZ Justices Associations, told the Bay of Plenty Times that following the complaint last year and an initial investigation by the Ministry of Justice, Wilson advised him he intended to stop working as a JP and retire in April.
Tate said he was always concerned when issues of this nature occurred in the Justices of the Peace fraternity, however, he acknowledged that all members were “human as well”.
Tate said a complaint received in September was referred to the Ministry of Justice for follow-up and investigation.
Information held by the federation indicated Wilson “proactively” raised the matter with the local JP association in 2019, he said.
“It would appear that given the circumstances of Wilson’s offending, his overall contribution to the community and the sentencing judge’s comments led to the matter not being referred for any further action at that time. And Mr Wilson has continued to provide high-quality service to his community in the capacity of a JP.”
He said the Bay of Plenty Justices of the Peace Association had no powers to remove or discipline a JP other than expelling them as a member of the organisation, which meant they could operate “outside of any oversight”.
Asked whether the matter should have been referred to the Minister of Justice in 2019, Tate said “on balance” he believed the correct result had been achieved while recognising Wilson’s more than 20 years of service to his community as a JP.
Ministry of Justice response
Wayne Newall, appointments and specialist functions manager at the Ministry of Justice’s office of legal counsel, said that following initial contact with Wilson to discuss last year’s complaint, Wilson advised the ministry he intended to retire on April 15.
Newall said Wilson’s decision had “circumvented” the need to refer the matter for further investigation and the expense that would entail.
“This will need to be gazetted [officially notified], which is a requirement under the legislation. Mr Wilson’s effective last day as a JP will be April 15. He was not asked to suspend his duties as a JP while the matter was under investigation.
“I note the advice the ministry has received is that Mr Wilson has been providing an effective and worthwhile contribution both before and since the matter was first raised with his association in 2019,” he said.
Newall confirmed Wilson’s convictions in 2019 and his interactions with his association were not referred to the ministry at the time.
However, he said the Justices of the Peace Act 1957 did not specify a legal process or threshold for referring these matters to the Ministry of Justice. `
A Ministry of Justice spokesman confirmed the ministry did not hold or maintain records of criminal convictions for JPs.
Section 5 of the Justices of the Peace Act 1957 states that the Governor-General may, on the recommendation of the Minister of Justice, remove a JP from office for misconduct or if the JP was convicted of an imprisonable offence while in office.
Justice of the Peace services are provided free of charge. JPs are volunteers and do not get paid.
Ministerial duties of JPs include:
- Witnessing signatures on documents;
– Certifying copies of documents as genuine, such as originals of passports and overseas documents;
– Verifying a person’s identity, completing declarations (including statutory declarations) and swearing affidavits or affirmations;
– Hearing summary offences.
Judicial functions of a JP in the District Court
After extra training, a limited number of JPs can undertake judicial duties in District Courts. This includes:
– Hearing summary offence cases, issuing search warrants and some arrest warrants.
– Hearing undefended cases, bail applications and requests for remand in custody.
– However, in Tauranga District Court, community magistrates perform those duties.
Becoming a Justice of the Peace and credentials
– JP appointment nominations are only accepted from a Member of Parliament in the electorate where the nominee lives.
– Nominees must be New Zealand citizens or residents and listed on the electoral roll.
– Have a good command of written and spoken English and be confident computer users.
– Declare all criminal convictions and not bankrupt.
– Provide letters of support from at least two community groups.
Appointment process:
– Following an interview, provisional approval can be made by the Associate Minister of Justice, followed by face-to-face and online training, plus an online test.
– Once the Governor-General signs off on the approval, the new JP is sworn in by a District Court judge.
Source: Ministry of Justice
Sandra Conchie is a senior journalist at the Bay of Plenty Times and Rotorua Daily Post who has been a journalist for 24 years. She mainly covers police, court and other justice stories, as well as general news. She has been a Canon Media Awards regional/community reporter of the year.
