Court of Appeal: COVID-19 Past Alert Level 4 Protocol
Contents
6 April 2020: Direction, Execution of notices of criminal appeal and application
3 April 2020: Update
25 March 2020: Direction
23 March 2020: Practice note, COVID-19 Past Alert Level 3+
Direction: Execution of notices of criminal appeal and application
President Stephen Kós
6 April 2020
1. Rule 8(1) of the Court of Appeal (Criminal) Rules 2001 requires a notice of appeal or application to be signed by an appellant personally.
2. This requirement is often impracticable under the current Level 4 state of emergency.
3. Pursuant to r 4(3) of the same Rules, I direct that until further notice the Court will accept for filing a notice of appeal or application signed by counsel, provided counsel:
a) certifies that personal execution by the appellant is presently impracticable;
b) certifies that the notice has been read by or to, and approved by, the appellant; and
c) undertakes that an original notice signed by the appellant will be filed as soon as practicable (and prior to any fixture being allocated).
Update
President Stephen Kós
3 April 2020
What the Court is hearing
1. The Court of Appeal resumed hearing appeals on Thursday 2 April.
2. During the current Level 4 alert the Court has given priority to urgent hearings. These are:
(1) hearings concerning the liberty of the individual (e.g. bail applications and appeals, habeas corpus appeals, conviction appeals, short sentence appeals, and matters arising under public and mental health legislation); and
(2) other appeals the resolution of which is time-critical (e.g. family violence and care and protection matters, pre-trial appeals where trials are proceeding, injunctions and urgent judicial reviews).
3. The Court expects to resume hearing other appeals of one day or less after Easter. It is conferring with counsel on arrangements for longer appeals.
How the Court is hearing appeals
4. During Level 4, hearings are being conducted by remote participation technology.
5. The Judges, registrar, appellant, counsel and the media are in different locations and join by internet link provided by the registrar.
6. If technology is unavailable or unsuitable, the Court may convene in a courtroom in the usual way (to hear urgent appeals only).
7. Where permitted by legislation or rules, some appeals and applications may be decided on the papers, without a hearing.
How the media can participate
8. Hearings are listed on the Courts of New Zealand website, under “Daily Lists”. The Court of Appeal daily list asks accredited media to contact the Court to arrange access. In most cases, during Level 4, media access will be by internet link.
9. Technical constraints may require media to designate a single representative.
10. Media will be entitled to report hearings, subject to any suppression orders made. They may not film the hearing without express consent of the presiding Judge.
How the public can participate
11. The Court’s daily list also invites members of the public interested and entitled to attend a particular hearing at the courthouse to contact the Court to arrange access. The Court will then consider whether to open the courtroom to facilitate attendance to observe the hearing, either on screen or by audio. A future development under consideration is public access via internet.
Direction
President Stephen Kós
25 March 2020
a) During the continuation of the level 4 alert all filing of court documents is to be done by email. The Court will continue to receive filing by post for those who cannot access facilities to file by email, but due to hygiene requirements, processing of documents received by post may be significantly delayed.
b) No documents will be received for filing in person at court registries.
c) For documents filed during the continuation of that alert (whether electronically or by mail), pursuant to the provisions of s 24 of the Epidemic Preparedness Act 2006, the payment of filing fees is hereby waived.
d) All electronic filing is to be to the following address: courtofappeal@justice.govt.nz. If any party wishes to contact the court regarding an urgent matter, that is also the address to use.
e) All filing by mail is to this address:
Court of Appeal
SX11223
Wellington
Practice note: COVID-19 Past Alert Level 3+
President Stephen Kós
23 March 2020
1. This practice note applies with immediate effect. It replaces the Level 2 practice notice issued on 22 March 2020.
2. In this practice note, “urgent hearings” means:
a. Hearings concerning the liberty of the individual (e.g. bail applications and appeals, habeas corpus appeals, conviction appeals, short sentence appeals, and matters arising under public and mental health legislation); and
b. Other appeals the resolution of which is time-critical (e.g. family violence and care and protection matters, pre-trial appeals where trials are proceeding, injunctions and urgent judicial reviews).
The Court of Appeal will conduct only urgent hearings
3. For so long as a Level 3 or Level 4 alert is in place, the Court of Appeal will conduct only urgent hearings.
4. If a Level 4 alert is in place, the Court of Appeal is likely to conduct hearings remotely only. That is, by audio visual link, telephone or on the papers.
5. If there are hearing constraints, urgent hearings will be conducted in order of highest priority, determined by the President of the Court.
6. Hearings conducted remotely will continue to be recorded in the usual way.
Non-urgent hearings will be adjourned
7. All other hearings will be adjourned. Parties and counsel will be advised whether their hearing has been adjourned by Court registry officers.
8. Applications for adjournment may of course still be made by parties and counsel.
Electronic filing will be preferred or required
9. Priority will be given to processing documents filed electronically. Documents filed in hard copy may incur a processing delay of up to five days.
10. Additional papers to be handed up at a hearing must be filed electronically at least three hours prior to the hearing.