High Court: COVID-19 Past Alert Level 3 Protocol (Auckland region)
Chief High Court Judge Susan Thomas
12 August 2020
1. Courts are an essential service. For regions at Alert Level 3 the High Court will operate with a full complement of those Judges, Associates and Clerks who can continue to work safely, but only from the three home registries or from home. Circuit business will be conducted to the extent possible by remote participation including (where available), Microsoft Teams, VMR, AVL or telephone from the home registries.
2. Jury trials currently underway have been suspended until Monday 17 August.
3. There will be no criminal jury trials commenced during Alert Level 3. The Court will continue to deal with other criminal work by remote means including first appearances, bail applications and appeals, conviction and sentence appeals, case review hearings, sentence indications, pre-trial matters and sentencings.
4. Substantive civil fixtures involving witnesses with upcoming hearing dates will be reviewed. It is likely that remote means of participation will be required.
5. Apart from the above restrictions, the Court will conduct as much of its usual civil business as can be safely supported, including habeas corpus, civil appeals, judicial review, summary judgments, caveats, interlocutory applications, injunctions, and originating applications. Again, participation will generally be by remote participation.
6. List Courts, including bankruptcy and liquidation will continue. Where practicable matters will be rescheduled as telephone conferences.
7. Applications for probate will be accepted and processed. General Registrar and Sheriff work will be carried out.
8. Documents may be filed electronically or by post or courier. Address details are contained below. Filing fees will be payable. Rule 5.1B(2) of the High Court Rules 2016 provides for payment of filing fees by alternative means, including at the Registrar’s discretion, credit card, electronic banking or solicitor’s undertaking.
9. The Court will modify its procedures in the following ways:
a) If counsel, or other persons proposing to attend a hearing (for example, a party) are at higher risk of severe illness, immune-compromised or with a relevant underlying health condition, they should not attend court. If this applies, the presiding judge should be advised immediately;
b) Judges will review cases to determine if they can appropriately be heard by remote means. That may involve the Judge sitting in court with counsel joining by the relevant technology, including telephone. The hearing may be recorded by FTR in the usual way;
c) List Judges will review files and deal with as many as they can on the papers or by a direct telephone conference with counsel/parties to avoid the need for unnecessary in person attendances at court;
d) The High Court Amendment Rules 2020 enable the Court to deal with unexecuted documents including affidavits;
e) The Court will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time;
f) Where in-person hearings are required they will be held in larger courtrooms to provide more physical distancing;
g) In list courts where physical appearances are required the Court will operate on a case-by-case call basis. Parties may be required to wait outside the courtroom until their case is called;
h) Witnesses required to attend court should not enter the courthouse until just prior to their scheduled attendance. Physical distancing is to be maintained at all times. They may bring their own religious text for taking the oath. Gloves will be provided for those who wish to use the court bible, which will continue to be available;
i) Sentencing hearings will be reviewed. They may be dealt with by AVL to avoid the unnecessary movement of prisoners;
j) Other criminal procedural hearings will be reviewed, and where appropriate conducted remotely. Judges and counsel will consider whether defendants in criminal procedural should be excused from attendance or (where necessary) attend by AVL.
10. Members of the public (including a whānau support person or persons for a defendant) whose presence is not required at court will not be permitted to enter unless granted permission from the presiding judge. Such permission should be sought in the first instance by email to the registrar in advance (if granted this must be supplied to the court security officer at the front entrance), or alternatively, on the day of the hearing by requesting a court security officer at the front entrance to convey an application via the registrar to the presiding judge. All applications will need to give the reason or reasons why permission is sought and will be determined on a case-by-case basis. Entry will be denied to any person who is unwell, experiencing COVID-19 symptoms, or required to be in either quarantine or self-isolation.
11. The following hygiene practices can be expected:
a) Those working in the courtroom, including counsel and security staff, are required to maintain 2 metre physical distancing, and alternate seats in public galleries will be taped off.
b) Cleaning products are available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites).
c) Face masks should be worn other than when being required to speak in court. Gloves may be worn.
d) Hand sanitiser will be readily available within the courtroom
12. Any concerns about health and safety practices in the court should be raised with the court manager in the first instance.
13. Accredited news media will continue to have entry to the court in order to report court proceedings, and to ensure continued open and transparent justice. Remote access for accredited news media, will continue to be facilitated in accordance with current protocols.
14. In the event of community transmission within a courthouse catchment area, public health advice will be taken and further directions given.
Addresses for filing electronically and by mail
All electronic filing is to be to the following addresses:
Auckland High Court: aucklandhc@justice.govt.nz
Wellington High Court: wellingtonhc@justice.govt.nz
Christchurch High Court: christchurchhc@justice.govt.nz
If any party wishes to contact the court regarding an urgent matter, these emails are also the addresses to use.
All filing by mail is to be to these addresses:
Auckland High Court
PO Box 60, Auckland
Wellington High Court
PO Box 1091
or DX: SX11199, Wellington
Christchurch High Court
20 Lichfield Street, Christchurch
or DX: WX10021, Christchurch