Archived Alert Levels Protocols - 3 December 2021

8 September 2021: COVID-19 Alert Level 2 Protocol

23 August 2021: COVID-19 Alert Level 3 and 4 Protocol

13 October 2021: Te Koti Matua o Tamaki Makaurau | Auckland High Court, special procedures for admission ceremonies under elevated COVID-19 Alert Levels (PDF, 115 KB)

Past Protocols, past alert levels

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Protocol: COVID-19 Past Alert Level 2 (Delta)

Hon Justice S E Thomas
Chief High Court Judge – Te Kaiwhakawā Matua
8 September 2021

1. Subject to the restrictions noted below, the High Court will carry out all its usual scheduled work both from the home and circuit registries that can be safely supported.

Criminal

2. Jury trials will take place consistent with Health and Safety practices outlined below.

3. Judges and counsel will consider whether defendants in criminal procedural matters ought to be excused from attendance or (where necessary) attend by AVL or other remote means.

4. Sentencing hearings will take place in person, although applications to appear via AVL or other remote means will be considered in appropriate cases. The number of support persons and victims attending in person may be limited by the judge.

5. Criminal circuit work not involving witnesses may be conducted remotely by AVL, VMR, MS Teams, audio link or other technology.

Civil

6. The Court will conduct as much of its usual civil business as possible.

7. Substantive civil fixtures involving witnesses with upcoming hearing dates will be reviewed and will proceed where possible.

8. Where appropriate, matters will be dealt with on the papers or by remote means.

Filing and filing fees

9. Documents may be filed electronically, or by post or courier. Address details are contained in Addendum 1. Filing Fees will be payable unless a waiver is applied for. Rule 5.1B(2) of the High Court Rules provides for payment of filing fees by alternative means, including, at the Registrar’s discretion, credit card, electronic banking or solicitor’s undertaking. The Ministry has also introduced an online “file and pay” system.

Modifications for in-person proceedings

10. Where counsel, parties and/or witnesses are required to attend Court:

a) Parties should wait outside the courtroom until their matter is scheduled and vacate the courtroom once their hearing has concluded;

b) In list courts, the Courts will operate on a case by case call basis. Parties may be required to wait outside the courtroom until their case is called;

c) Witnesses required to attend Court should not enter the courthouse until just prior to their scheduled attendance;

d) So far as possible, counsel should take instructions and brief witnesses outside the courthouse. Rooms will be made available as far as practicable for interviews, and counsel may request breaks to take instructions safely using those facilities.

11. 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 by the presiding judge. Such permission should be sought in advance, the first instance by email to the registrar, giving reasons.

Media access

12. Accredited news media will 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.

Health and safety

13. The following hygiene practices can be expected:

a) Access will be denied to anyone who is showing signs of illness, has a body temperature of 38 degrees or higher, has had close-contact with a suspected, probable or confirmed case of COVID-19, or is required to be in quarantine or self-isolation;

b) Physical distancing of 2 metres as far as is reasonably practicable in public spaces and 1 metre in the courtroom;

c) Masks must be worn in public areas (unless a medical exemption applies);

d) The presiding judge has a discretion regarding the use of face masks in courtrooms;

e) All Court attendees must use contact tracing mechanisms;

f) Cleaning products are available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites);

g) Hand sanitiser will be readily available within the courtroom.

14. Any concerns about health and safety practices in the court should be raised with the court manager in the first instance.

15. In the event of community transmission within a courthouse catchment area, public health advice will be taken and further directions given. Steps may be taken to reduce in-person attendances at the court to help protect those working or appearing there.

Expectations of Counsel

16. Counsel are expected to assist the court by

a) Giving early notification if they seek an adjournment.

b) Briefing clients and witnesses on public health measures including:

(i) Not to come to court if unwell;

(ii) To advise counsel as early as possible if they are unable to attend court;

(iii) The limits on attendance by support persons and members of the public;

(iv) The need to seek and be granted permission from the presiding judge in advance for a whanau support person or person for a defendant;

(v) The requirements for physical distancing, contact tracing and mandatory wearing of a face mask in the courthouse;

(vi) Witnesses may bring their own religious text for taking the oath.

c) Reducing the need for attendance in the courthouse by counsel, their clients and witnesses by reviewing each attendance in advance and:

(i) Seeking remote participation in appropriate cases;

(ii) Seeking excusals from appearances in administrative hearings;

(iii) Limiting the number of witnesses via the use of agreed facts.

d) Counsel should consider and endeavour to agree whether it is appropriate for any witness to participate remotely and advise the Court of any such proposals well in advance of the hearing date. The relevant provisions, r 3.4A of the High Court Rules 2016, the Evidence Act 2006, and the Courts (Remote Participation) Act 2010, will govern whether and how any witness may give evidence remotely.

Guidance for remote participation

17. Please refer to the attached links concerning remote participation:

Protocol for Participation in Remote Hearings

Guidelines for Remote Participation by Witnesses in Criminal Hearings

Protocol for Remote Viewing of Hearings

ADDENDUM 1

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 11199, Wellington

Christchurch High Court: 20 Lichfield Street, Christchurch or DX WX10021, Christchurch

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Protocol: COVID-19 Past Alert Level 3 and 4

Hon Justice S E Thomas
Chief High Court Judge – Te Kaiwhakawā Matua
23 August 2021

1. At Alert Level 3 and 4, High Court business will be conducted to the extent possible by remote participation including AVL, VMR, MS Teams, audio link or other technology.

Criminal

2. No jury trials will commence. Jury trials that were under way remain adjourned and trial judges will consult and make decisions on a case by case basis.

3. The Court will continue to deal with other criminal work by remote means including first appearances, bail applications and appeals, custodial remands, conviction and sentence appeals, case review hearings, sentence indications, pre-trial matters and sentencings.

Civil

4. Substantive civil fixtures involving witnesses with upcoming hearing dates will be reviewed. Remote means of participation will be required for any fixtures that proceed.

5. Apart from the above restrictions, the Court will conduct as much of its usual civil business as reasonably possible by remote means, including habeas corpus, civil appeals, judicial review, summary judgments, interlocutory applications, urgent injunctions, caveat applications, liquidation and bankruptcy proceedings, probate matters and originating applications.

6. Sheriff proceedings can be filed but execution will only take place in urgent cases.

7. All currently scheduled work and new filings will be triaged according to priority. Highest priority will be given to matters that pertain to:

a. Liberty of the individual;

b. Personal safety and wellbeing;

c. Matters in which resolution is time-critical.

Existing timetables

8. The ability of parties to comply with timetabling directions or orders is likely to be compromised. Counsel and self-represented litigants are expected to confer and make reasonable accommodation and provide the Court with consented amendments to existing timetables.

Filing and filing fees

9. Documents may be filed electronically or by post. Address details are contained in Addendum 1. Filing Fees will be payable. Rule 5.1B(2) of the High Court Rules provides for payment of filing fees by alternative means, including at the Registrar’s discretion, credit card, electronic banking or solicitor’s undertaking. The Ministry has also introduced an online “file and pay” system Courts of NZ file and pay.

10. Applications for probate will be accepted. General Registrar work will be carried out to the extent possible.

Modifications for remote participation

11. The Court will modify its procedures in the following ways:

a) Judges will review cases to determine if they can appropriately be heard by remote means, including VMR, MS Teams, AVL and audio link.

b) List Judges will review files and deal with as many as they can on the papers or by a direct telephone conference or remote means with counsel / parties;

c) Criminal procedural hearings will be reviewed and where appropriate conducted remotely. Judges and counsel will consider whether defendants in criminal procedural hearings should be excused from attendance or attend by AVL or audio link;

d) Sentencing hearings will be reviewed. They may be dealt with by AVL or other remote means to avoid the unnecessary movement of prisoners;

e) The High Court Amendment Rules 2020 enable the Court to deal with unexecuted documents including affidavits [Link to Rule 9.73].

Modifications for In-person proceedings

12. Although the Court will conduct as many hearings as possible via remote means, in-person hearings may take place if a Judge decides that there are exceptional circumstances.

13. Members of the public (including a whānau support person or persons for a defendant) will not be permitted to enter unless granted permission from the presiding judge.

Media access

14. Remote access for accredited news media, will continue to be facilitated where possible in accordance with current protocols.

Health and safety

15. The following hygiene practices can be expected in the Courthouse:

a) Access will be denied to anyone who is showing signs of illness, has a body temperature of 38 degrees or higher, or has had close-contact with a suspected, probable or confirmed case of COVID-19;

b) Contact tracing mechanisms will be in place;

c) Those working in the courtroom, including counsel and security staff, are required to maintain physical distancing and alternate seats in public galleries will be taped off;

d) Cleaning products are available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites);

e) Face masks must be worn at all times. Gloves may be worn;

f) Hand sanitiser will be readily available within the courtroom.

16. Any concerns about health and safety practices in the court should be raised with the court manager in the first instance.

17. In the event of community transmission within a courthouse catchment area, public health advice will be taken and further directions given.