Trial by jury began in NZ in 1841 but women were not eligible to become jurors. The exception under English common law was matrons (respectable older married women) who could be called upon to form a special matrons jury in cases involving pregnant women, to offer their expertise on pregnancy and childbirth. Eventually, after the Women Jurors Act was passed on 26 October 1942, all women aged between 25 and 60 years and of a suitable character were eligible to apply to serve on juries. The first woman juror was Miss Elaine Rebecca Kingsford who served on a trial held at the Auckland Supreme Court on 20 October 1943. Opening for the Crown, Mr. Cleal had addressed the Court as "Your Honor, lady and gentlemen of the jury".

  The Auckland Star (21 October 1943, p.3) reported:

AUCKLAND JURYWOMAN

The unique sight in New Zealand of a woman serving on a jury in the Supreme Court was afforded in Auckland yesterday afternoon, when Miss Kingsford, the first woman in New Zealand called for such service had her initial experience of being empanelled in a case. She had been drawn on the previous day when the jury was being empanelled to try a false pretences case, but was challenged. Yesterday afternoon, when drawn for a second time, there was no challenge, and thus Miss Kingsford gained the distinction of being the first woman to serve on a jury in a New Zealand Supreme Court. The case in question was one in which a discharged soldier, Alfred Norman O'Meara, stood trial on a count of house-breaking. Incidentally this novelty of the presence oi a woman among the jury introduced a slight change in the mode of address by the counsel engaged, Mr. S Cleal for the Crown and Mr. W. Noble for the prisoner. Opening for the Crown, Mr. Cleal addressed the Court as "Your Honor, lady and gentlemen of the jury."

Elaine Kingsford shared her juror experience on the National Film Unit's Weekly Review (115: 1943) during which she commented: "It was disconcerting to be challenged by those stern-looking gentlemen in the grey wigs, but they were very nice about it, and referred to us as 'lady and gentlemen of the jury...With the war continuing to occupy our menfolk, one day there might be twelve good women and true – and maybe the learned judge referred to as Her Honour." 

See link to National Film Unit video (0:31 secs) on: Megan Cook, 'Women’s movement - The mid-20th century', Te Ara - the Encyclopedia of New Zealand, http://www.TeAra.govt.nz/en/video/27902/first-woman-to-serve-on-a-jury 

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Backstory:

NZ jury system with male JURORS, 1841 -

Trial by jury began in NZ in 1841 and jurors had to be male British subject (except Māori) between 21 and 60 years of age, of good character and own property. In 1844, the property requirement was removed as land registrations were incomplete and Māori males could serve on mixed juries for the trial of cases where the property or person of any Māori was affected. 

Special jury of matrons under English common law:

Stemming from English common law, matrons (respectable older married women) could be called upon to form a special jury in cases involving pregnant women, to offer their expertise on pregnancy and childbirth. Such juries were mainly used during the late nineteenth century in England if a woman who had been convicted of a capital crime pleaded that she was 'quick with child' (fetus's movement is felt by a pregnant woman). Under New Zealand law, if the accused was pregnant, her execution would be postponed until the birth of the child. (See Wikipedia: Jury of matrons)

Special jury of 12 matrons called to aid trial at Wanganui, 1883:

On 30 April 1883, the Chief Justice at the Wanganui Supreme Court called for a special jury of matrons after the all-male jury found a woman, Phoebe Veitch, guilty of drowning her daughter. After the Chief Justice pronounced the death sentence, Veitch said she was pregnant. A special jury of 12 matrons was sworn in on 1 May 1883 to help determine whether Veitch was 'quick with child'.  A doctor was also subpoenaed, in case required by the matrons.

CAMPAIGN FOR WOMEN JURORS, 1896 -

After women were grant the vote in NZ's parliamentary elections in 1893,campaigns to enable women to serve on juries gained momentum and were increasingly reported in NZ newspapers. The pros and cons of having women jurors was also fuelled by newspapers relaying the experiences of women who could sit as jurors in some states in the United States from 1870 onwards and in England from 1919.

Pros & cons of women jurors in the US & England relayed by NZ newspapers:

Agititation for women jurors continues in NZ, 1910s:

WCTU & NCW renewed call for women jurors, 1920s: 

After women became eligible to serve on English juries with the passing of the Sex Disqualification (Removal) Act of 1919, the debate for NZ to follow gained momentum.

Experiences of women jurors in England & US reported in NZ newspapers, 1920s-1930s:

Women JuRORS' Bill, 8 MAy 1942

On 7 May 1842, Mrs Mary Dreaver (Labour MP for Waitemata) informed the House of Representatives that she would be introducing a Bill for women to serve on juries.  (In 1941, Mary Dreaver had won the Waitemata by-election, making her the third women to enter Parliament. She had also served as President of the National Women's Council during 1926-27 and 1936-38, as well as in other public roles.) (See: Hugh Laracy. 'Dreaver, Mary Manson', Dictionary of New Zealand Biography, first published in 1998. Te Ara - the Encyclopedia of New Zealand, https://teara.govt.nz/en/biographies/4d18/dreaver-mary-manson) 

On 8 May 1942, Dreaver outlined the clauses in the Women Jurors Bill. She also commented on the perceived advantages and disadvantages of having women jurors which revealed mixed views amongst the MPs themselves. Her observation: "It has often been argued that women are governed by the heart instead of the head, and that on questions of fact they do not arrive at conclusions as dispassionately as men" had led to the following comment by MP John A. Lee, "There is something to be said for that."  

The Speaker of the House advised that as the Bill would require an appropriation to cover additional expenses for officers, it would need to be withdrawn from the Order Paper and a new bill resubmitted later. The Hon. Henry Mason (Attorney-General and Minister of Justice) commended Dreaver for introducing the Bill which he said had the acceptance of the Government. Mason informed the Speaker the Government "is going to take it up and facilitate its passage".  (Source: Parliamentary Debates (Hansard) Vol 325: 8 May 1942: Women Jurors Bill, pp. 307-310)   

Women Jurors Act, 26 Oct 1942

womEn can choose to register to be jurors, unlike men

Women were eligible to become a juror if aged from 25 - 60 years. By contrast, men were eligible from ages 21 to 60 years. Whereas men of suitable character were automatically added to the juror's list, women needed to apply to register their interest. The process to serve on a jury involved the following steps, as described by the Auckland Star (25 Jan 1943, p.2):

" It is necessary for any woman who wishes to serve to notify the sheriff in writing, and the sheriff will then submit the name to the Superintendent of Police, who will satisfy himself that the name should be added to the jury list..."  Names on the jury list "are placed in a revolving ballot box as ticketed numbers, and the required 300 to 400 tickets are drawn at random from the box after the manner of an art union drawing... [B]efore actually serving on a jury, those drawn have to 'be drawn again when a jury is empanelled for a particular case, and finally to survive the challenges permitted counsel engaged in a case for trial... Women who apply for such service are eligible between the ages of 25 and 60 years of age, provided they are native-born and of good repute..."  

The Manawatu Times (9 Feb 1943, p.4) reported on two early registrations for jury service by National Council of Women members:

Women Jurors

 It was revealed at yesterday’s meeting of the Manawatu branch of the National Council of Women that the president, Mrs. J. Harris (Turakina), was probably the first woman to notify her desire to be a juror as she registered immediately the Act came into force. Unfortunately her registration could not be accepted as she was living outside the Wanganui city radius. Mrs. Harris pointed out to the meeting that the National Council had been instrumental in getting the Act passed and she stressed the necessity for women to register. Pleasure was also expressed that Mrs. O. Brown, one of the delegates, had registered a fortnight ago, the first woman to do so in Palmerston North. 

WOMEN CALLED FOR JURY SERVICE, MAY - OCT 1943 

First ballot to include women in Auckland, May 1943:

First woman summoned to appear on Supreme Court jury at Gisborne, Aug 1943:

The Gisborne Herald (21 August 1943) reported:

Although no woman juror was called for the Supreme Court sitting in Gisborne this week, one was among the number summoned to appear next week, but as the court completed its business yesterday the jurors called for the second week will not be required. The woman in the list for next week is the first who has been called for jury service in Gisborne. 

First woman drawn from ballot box for a case to commence at Auckland on 19 Oct 1943:

 The Auckland Star (1 Oct 1943, p.5) reported a woman juror was drawn from the ballot box for a case at the Auckland Supreme Court:

For the first time in Auckland, if not in Now Zealand, a woman will be sworn in as a juror when the Supreme Court session opens on October 19. The drawing of the jury for the session took place this week, and, out of the 8OOO names on the jury list, including about 25 women, the names of about 300 jurors were drawn from the ballot box for service this session. One of these was a woman —the first woman juror to be drawn in an Auckland ballot...The names of the jurors drawn are not disclosed until the session opens.

First sworn woman juror, Elaine Kingsford, challenged by defense counsel, 19 Oct 1943:

The Gisborne Herald (22 Oct 1943, p.2) reported the woman juror was sworn in on 19 Oct at the Auckland Supreme Court and was then challenged by the counsel for defence:

The first woman juror to be summoned for service in Auckland, Miss E. R. Kingsford, Takapuna, was called on at the opening of the criminal sessions on Monday, and took her place among some 70 men to be sworn in for duty as required throughout this week. The first case for trial was one of alleged false pretences over a deal in whisky, and Miss Kingsford was balloted for this jury. Her name was, however, challenged by counsel for the defence.

First woman juror, Elaine Kingsford, served without being challenged, 20 Oct 1943:

 The Auckland Star (21 October 1943, p.3) reported: 

"Yesterday afternoon, when drawn for a second time, there was no challenge, and thus Miss Kingsford gained the distinction of being the first woman to serve on a jury in a New Zealand Supreme Court. The case in question was one in which a discharged soldier, Alfred Norman O'Meara, stood trial on a count of house-breaking."  

Second woman juror to serve at Auckland, 22 May 1944:

First women sworn in for the jury at Wellington Supreme Court, 1945 & 1950:

Legislative changes, 1945 -

Male jurors' eligibility age increased to 65 years in 1945:

Campaign for women to be added in same way as men to juror's list, 1945 -  :

As the Women's Jurors Act 1942 required women to request that the Sheriff place them on the jurors list, this was seen as discriminatory and a disincentive by the National Council of Women. Furthermore, there were instances of women experiencing difficulties getting permission to take time out from their work commitments to attend jury sittings. Consequently, the National Council of Women passed a resolution at its meetings in 1945 to recommend to the Minister that women be called to serve on juries in the same manner as men. This resolution was reaffirmed in 1946, 1947, 1948, 1953, 1954, 1956, and 1958.  However, compulsory jury service for women was perceived by others as creating a difficulty in providing for the exemption of women with young children. 

Parliamentary debate, 28 Sept 1961:

During the Parliamentary debate held on 28 September 1961, the Labour MP for Napier, Jim Edwards, had raised the following:

"Sir, I am wondering wondering whether the Minister is going to remove the discrimination against women. I know one prominent women's organisation in my electorate which is very keen on seeing this discrimination removed. Has the Minister given any consideration to an amendment to provide for women to have the same rights of jury service as men have? If he has, why repudiate it?" 

The Attorney-General Hon. J.R. Hanan replied,  "If it were the clear wish of the women of New Zealand...then the Government would have to consider seriously imposing the obligations on all women to render jury service..."  He then stated that compulsory jury service would have an impact on the strenuous role of women as a housewife and mother. Hence,  there needed to be a "very strong and clearly expressed wish" by women to amend the current Statute. 

Source: Parliamentary Debates (Hansard) Vol 328: 28 Sept 1961, Juries Amendment Bill, pp. 2574 - 2575   

Juries Amendment Bill, 5 Oct 1961:

The Juries Amendment Bill 1961 was introduced to amend the Juries Act 1908. Clause 4 made the age limits for women jurors (25 -  60 years) the same as those for men (21 - 65 years). The Attorney-General Ralph Hanan, Labour MPs Mabel B Howard and Arnold H. Nordmeyer, and National MP Cyril Harker had spoken in favour of the Bill as providing equality for women and men. However, the paternalistic view of women in the household who'd require exemptions from jury service was still prevalent amongst some male MPs. The Bill also proposed that special provisions for Māori juries to be abolished and all jury cases to be heard before a jury of which Europeans and Māori are equally qualified to be members, which led to the Juries Amendment Act 1962. 

Source: Parliamentary Debates (Hansard) Vol 328: 5 Oct 1961, Juries Amendment Bill, pp. 2840 - 2846    

Petition led to Juries Amendment Act 1963:

A petition to give women equal rights with men in jury service was presented to Parliament on 3 October 1963:

 A recommendation that women should be given equal rights with men in jury service, with the provision that a woman would have the right to be excused on application solely on grounds of her sex, was made by the Petitions Committee to Parliament today... The petition, which was signed by Mrs Alicia D, Grant, at Christchurch, and 5133 others, was supported by the National Council of Women... The committee chairman, Mr J. H. George (Govt., Otago Central), said the committee was most impressed at the way the evidence was presented, and unanimously decided that its prayers be given most favourable consideration."

Source: Parliamentary reporter, "Equal rights for jury service recommended", The Press, 3 Oct 1963, p.14

The outcome was the Juries Amendment Act 1963 being passed on 25 October 1963 to amend the Juries Act 1908 and repeal the Women Jurors Act 1942.  Women were now eligible to be included in the jury roll in the same way as men. The jury roll was to be prepared every three years from the Electoral Roll, where eligible voters were aged from 21 years with no upper age limit. A notice was to be posted to those whose names were chosen for forthcoming trials. However, if a woman was notified that her name had been selected, she had the right to have her name withdrawn on request without giving a reason (unlike men who needed to state why), which took into account women with young families.  

Voting age lowered to 20 years (1969) & 18 years (1974):

Between 1969 and 1974 the voting age for general elections was lowered from 21 to 18 in Britain, the United States, Australia, Canada and other countries. New Zealand followed in two stages - the National Government lowered the voting age from 21 to 20 in 1969 and the Labour Government lowered the voting age to the current age of 18 in 1974.

Juries Amendment Act 1976: 

Following women's groups continuing to agitate for change, the Juries Amendment Act 1976 repealed any remaining gender specific language.  The right of women to claim automatic exemption when called for jury service was cancelled. However, the Act enabled exemption from jury service by request for caregivers of children under the age of 6 years.  

Juries Act 1981:

Current legislation under the Juries Act 1981 allows exemption from jury service on application for occupational, business, health, family or personal circumstances, including those "of or over the age of 65 years". 

Jury service nowadays

If you’re aged 18 years and over and enrolled to vote in the general elections in accordance with the Electoral Act 1993, you can be randomly selected (‘summoned’) for jury service. Find out more about the jury service in NZ's High and District courts, including the selection process and grounds for exemption from jury service: Ministry of Justice: Jury Service, URL: https://www.justice.govt.nz/courts/jury-service/

Find out more:

• NZ Parliamentary Debate, 1941-1942: Women Juror's Bill 8 May (pp.307-310)  
• Choo, A. L. & Hunter, J. (2018). Gender Discrimination and Juries in the 20th Century: Judging Women Judging Men. International Journal of Evidence and Proof, 22(3), pp. 192-217.
• Ministry of Justice: Jury Service, URL: https://www.justice.govt.nz/courts/jury-service/ 
• Powles, M. (1999). A Legal History of the New Zealand Jury Service - Introduction, Evolution, and Equality? Victoria University of Wellington Law Review, 29 (2), 283–316. 
• Tina White (26 Oct 2019),  "The woman who almost made NZ judicial history", Stuff co.nz

This DigitalNZ story was compiled in September 2023