Archived Coroners Court
Archived Coroners Court COVID-19 Protection Framework Protocols
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Deputy Chief Coroner A J Tutton
Effective from Tuesday 13 September 2022INTRODUCTION
1. Courts are an essential service. The Coroners Court will remain open despite the presence of COVID-19 in the community, to ensure access to justice.
2. This protocol sets out a framework for ensuring that everyone who needs to participate in proceedings is able to do so. The primary considerations that underpin this protocol, and decisions under it, are the interests of justice and the protection of the health and safety of everyone in the court building.
3. This protocol applies subject to any directions given by the presiding coroner in a particular case. The presiding coroner may direct that requirements set out in this protocol do not apply in a particular case if the coroner is satisfied that it is in the interests of justice to do so.
ENTRY TO COURT BUILDINGS
4. The following requirements apply to entry into court buildings:
a) A person may not enter the court building if they are showing signs of illness;
b) A person who has tested positive for COVID-19 within the last 7 days may not enter the court building.
5. An interested party or witness who is required to attend court, but who is unwell or has recently tested positive for COVID-19, should contact the court (in person or through their lawyer) as early as possible in advance of the date on which they are due to appear. The matter will be referred to the responsible coroner. The interested party or witness will then be advised by the registry whether they are required to attend court on that date, or on an alternative date.
6. The Courts remain open to the public, but for health and safety reasons there may be limits on the number of people who are not directly involved in proceedings who are permitted to be physically present in courtrooms and court buildings.
MASKS
7. All persons entering the court building may wear a surgical mask or a KN95 mask, and are encouraged to do so when moving around the court building (including courtrooms).[1] Masks will be provided at the entry to the court building for all those who do not have their own mask.
8. A surgical mask or KN95 mask must be worn by all persons present in a courtroom, or by specified persons in a courtroom, if the presiding coroner so directs.
CONDUCT OF HEARINGS
9. All Coroners Court matters listed for hearing will be conducted in person, unless a coroner directs otherwise. Directions may be given for some types of hearing to be conducted remotely.
10. An interested party may seek a direction that a matter should be conducted with all participants appearing remotely.[2] A request for a matter to be conducted remotely should be made with as much notice as possible, and where practicable five working days in advance.
11. An interested party, counsel or other participant may apply to participate in a hearing by remote technology.[3] A request for a participant to appear remotely should be made with as much notice as possible, and where practicable five working days in advance.
RAPID ANTIGEN TESTS (RATS)
12. A court participant who has any symptoms of COVID-19, however minor, must take a RAT before attending court.
a) If they test negative, and the symptoms are very minor (e.g., a scratchy throat), they may attend court but must wear a mask at all times.
b) If they test negative and the symptoms are more severe (e.g., runny nose, coughing) they must not attend court unless a coroner so directs. If they are permitted to attend court, they must wear a mask at all times.
c) If they test positive, they must not attend court: see para 15 below.
13. The presiding coroner may require that some or all participants in a hearing longer than one day take a RAT in the morning before attending court, on such days as the coroner directs, if the coroner is satisfied that it is reasonably necessary to do so in the interests of justice and to protect health and safety in the courts.
14. The registry will advise counsel and any interested party who is not legally represented of the arrangements for obtaining RATs from the court.
15. If a court participant receives a positive COVID-19 test result, they must not attend court (and if present at court, must promptly leave). Whether and how the hearing may be able to continue will be a matter for the presiding coroner to determine on a case-by-case basis.
16. If a court participant is required to take a RAT, and declines to do so, the presiding coroner will determine whether and how the hearing will proceed.
GENERAL PROVISIONS
Media access
17. 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.
Remote participation and viewing
18. The Protocol for Participation in Remote Hearings, with any necessary amendments to reflect the processes of the Coroners Court, will apply to any Coroners Court hearings involving remote participants:
Protocol for Participation in Remote Hearings
19. The Protocol for Remote Viewings of Hearings, with any necessary amendments to reflect the processes of the Coroners Court, governs media and public access to Coroners Court hearings:
Protocol for Remote Viewing of Hearings
Health and safety
20. The following health and safety measures can be expected in the court building:
a) Cleaning products will be available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites);
b) Hand sanitiser will be readily available within the courtroom;
c) Face masks will be readily available in court buildings;
d) RAT kits will be available in court buildings.
21. Any concerns about health and safety in the Court should be raised with the Court Manager or the Manager Justice Services (Coronial) in the first instance.
Expectations of Counsel
22. Counsel are expected to assist the Court by:
a) Briefing clients and witnesses on the court building entry requirements and RAT testing requirements set out in paragraphs
4–8 and 12–16 above.b) Reducing unnecessary attendance in the court building 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 procedural and/or administrative hearings; and
iii. Advising the presiding coroner in advance of any agreed facts which may enable the limiting of the number of witnesses.
c) 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. Section 102A of the Coroners Act 2006 and the relevant provisions of the Courts (Remote Participation) Act 2010 will govern whether and how any witness may give evidence remotely.
ADDENDUM 1
Addresses for filing electronically and by mail
All electronic filing is to be to the following addresses:
Whangarei CSU: csu.whangarei@justice.govt.nz
Auckland CSU: csu.auckland@justice.govt.nz
Hamilton CSU: csu.hamilton@justice.govt.nz
Rotorua CSU: csu.rotorua@justice.govt.nz
Hastings CSU: csu.hastings@justice.govt.nz
Palmerston North CSU: csu.palmerstonnorth@justice.govt.nz
Wellington CSU: csu.wellington@justice.govt.nz
Christchurch CSU: csu.christchurch@justice.govt.nz
Dunedin CSU: csu.dunedin@justice.govt.nz
If any party wishes to contact the Coroners Court regarding an urgent matter, use the above email addresses.
All filing by mail is to be to these addresses:
Whangarei CSU: AX10041, Whangarei
Auckland CSU: CX10079, Auckland
Hamilton CSU: GX10014, Hamilton
Rotorua CSU: JX10517, Rotorua
Hastings CSU: MX10033 Hastings
Palmerston North CSU: PX10001, Palmerston North
Wellington CSU: SX10044, Wellington
Christchurch CSU: WZ10073, Christchurch
Dunedin CSU: YX10149, Dunedin
Any enquiries about a case should be made to the Case Manager of the coroner assigned to the case.
If any participants do not know which coroner is assigned to the case, they can contact their local Coronial Services Unit using the email addresses above
[1] All references to KN95 masks include references to masks of an equivalent standard such as P2 masks.
[2] For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6.
[3] For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6.
Coroners Court operations with COVID-19 in the community (PDF, 167 KB)
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Coroners Court operations under Covid-19 Protection Framework
Deputy Chief Coroner A J Tutton
Effective from 26 April 2022
INTRODUCTION
1. Courts are an essential service. The Coroners Court will remain open at all levels under the COVID-19 Protection Framework (Protection Framework), to ensure access to justice.
2. This protocol sets out a framework for ensuring that everyone who needs to participate in proceedings is able to do so. It sets out practices to be applied by the Coroners Court under the Red, Orange and Green levels of the Protection Framework. The primary considerations that underpin this protocol, and decisions under it, are the interests of justice and the protection of the health and safety of everyone in the court building.
3. This protocol applies subject to any directions given by the presiding Coroner in a particular case. The presiding Coroner may direct that requirements set out in this protocol do not apply in a particular case if the Coroner is satisfied that it is in the interests of justice to do so.
ENTRY TO COURT BUILDINGS
4. The following requirements apply to entry into court buildings:
(i) A person may not enter the court building if they are showing signs of illness, or have a body temperature of 38 degrees or higher;
(ii) A person who has tested positive for COVID-19 and is required to isolate may not enter the court building;
(iii) A person who is a household contact of a confirmed case of COVID-19 may not enter the court building unless they are authorised to do so as a critical worker;
(iv) A person may not enter the court building unless they are wearing a surgical mask or a KN95 mask.[1] Masks will be provided at the entry to the court building for all those who do not have their own mask.
5. The courts remain open to the public, but for health and safety reasons there may be limits on the number of people who are not directly involved in proceedings who are physically present in courtrooms and court buildings.
6. Every person in the public areas of a court building must wear a surgical mask or a KN95 mask at all times. A KN95 mask must be worn by participants in any hearing if the presiding Coroner so directs.
7. All physical distancing requirements must be observed.
PROTECTION FRAMEWORK RED LEVEL
8. Coroners Court business will be conducted using remote participation technology, where that is practicable and is permitted by law. [2]
9. In person hearings may take place if a Coroner decides that it is in the interests of justice to do so.
10. Notice of application to participate in person at hearings presumptively conducted by remote technology must be given at least five working days prior to the hearing.
PROTECTION FRAMEWORK ORANGE LEVEL
11. At the Orange level, procedural or administrative hearings such as pre-inquest conferences and case management conferences are presumptively conducted by remote technology where permitted by law, and subject to the particular circumstances of an individual case which mean an in person hearing would be in the interests of justice.[3]
12. Notice of application to participate in person at hearings presumptively conducted by remote technology must be given at least five working days prior to the hearing.
13. The presumption is that all inquests will take place in person, unless a Coroner directs otherwise.
14. A party may seek a direction that a matter that is presumptively to be conducted in person should be conducted using remote technology, where that is desirable in the interests of justice and to protect health and safety in the courts.
15. Where a hearing takes place in person, a party, counsel or other participant may apply to participate in the hearing by remote technology. Particular consideration will be given to any health vulnerabilities, the distance that would otherwise have to be travelled, and the likely length and complexity of the hearing.
16. Notice of application to participate in an in-person hearing by remote technology must be given at least five working days prior to the hearing.
PROTECTION FRAMEWORK GREEN LEVEL
17. The presumption is that all inquests will be conducted in person. A party may seek a direction that a matter that is presumptively to be conducted in person should be conducted using remote technology, where that is desirable in the interests of justice and to protect health and safety in the courts.
18. The responsible Coroner will determine whether a procedural or administrative hearing such as a pre-inquest conference or case management conference will be conducted in person or by remote technology.
19. A party, counsel or other participant may apply to participate in an in person hearing by remote technology.[4] Particular consideration will be given to any health vulnerabilities, the distance that would otherwise have to be travelled and the likely length and complexity of the hearing.
20. Notice of application to participate by remote technology must be given at least five working days prior to the hearing.
GENERAL MEASURES
Attending Court
21. Where participants attend court:
(i) Parties may be required to wait outside the courtroom until their case is called;
(ii) Witnesses required to attend court should not enter the court building until just prior to their scheduled attendance;
(iii) So far as possible, counsel should take instructions and brief witnesses at a different location from the court building. Rooms will be made available as far as practicable for interviews, and counsel may request breaks to take instructions safely using those facilities.
22. All participants attending court for hearings longer than one day will be asked to take a Rapid Antigen Test (RAT), or confirm that they have taken a RAT, on each morning before the court hearing commences. This requirement may also apply to participants attending court for hearings of half a day or longer, if the presiding Coroner so directs. The Case Manager will advise counsel and any party who is not legally represented of the arrangements for testing for their particular case. If the hearing extends beyond one week, the presiding Coroner may direct that in the second and subsequent weeks, RAT testing is only required on the Monday and then on every second sitting day.
23. If participants are asked to take a RAT, and any participant declines to do so, the presiding Coroner will determine whether and how the hearing will proceed. If any participant tests positive, the presiding Coroner will determine on a case by case basis whether and how the hearing may be able to continue.
Media access
24. 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.
Remote participation and viewing
The Protocol for Participation in Remote Hearings, with any necessary amendments to reflect the processes of the Coroners Court, will apply to any hearings involving remote participants:
Protocol for Participation in Remote Hearings
The Protocol for Remote Viewings of Hearings, with any necessary amendments to reflect the processes of the Coroners Court, governs media and public access to hearings:
Protocol for Remote Viewing of Hearings
Health and safety
27. The following health and safety measures can be expected in the court building:
(i) Cleaning products are available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites); and
(ii) Hand sanitiser will be readily available within the courtroom.
28. Any concerns about health and safety in the court should be raised with the Court Manager or the Manager Justice Services (Coronial) in the first instance.
Expectations of Counsel
29. Counsel are expected to assist the court by:
(a) Briefing clients and witnesses on the court building entry requirements and RAT testing requirements set out in paragraphs 4-7 and 21-22 above.
(b) Reducing unnecessary attendance in the court building 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 procedural and/or administrative hearings; and
(iii) advising the presiding Coroner in advance of any agreed facts which may enable the limiting of the number of witnesses.
(c) Counsel should consider and endeavour to agree on 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. Section 102A of the Coroners Act 2006 and the relevant provisions of the Courts (Remote Participation) Act 2010 will govern whether and how any witness may give evidence remotely.
ADDENDUM 1
Addresses for filing electronically and by mail
All electronic filing is to be to the following addresses:
Whangarei CSU: csu.whangarei@justice.govt.nz
Auckland CSU: csu.auckland@justice.govt.nz
Hamilton CSU: csu.hamilton@justice.govt.nz
Rotorua CSU: csu.rotorua@justice.govt.nz
Hastings CSU: csu.hastings@justice.govt.nz
Palmerston North CSU: csu.palmerstonnorth@justice.govt.nz
Wellington CSU: csu.wellington@justice.govt.nz
Christchurch CSU: csu.christchurch@justice.govt.nz
Dunedin CSU: csu.dunedin@justice.govt.nz
If any party wishes to contact the Coroners Court regarding an urgent matter, use the above email addresses.
All filing by mail is to be to these addresses:
Whangarei CSU AX10041, Whangarei
Auckland CSU CX10079, Auckland
Hamilton CSU GX10014, Hamilton
Rotorua CSU JX10517, Rotorua
Hastings CSU, MX10033, Hastings
Palmerston North CSU PX10001, Palmerston North
Wellington CSU SX10044, Wellington
Christchurch CSU WX10073, Christchurch
Dunedin CSU YX10149, Dunedin
Any enquiries about a case should be made to the Case Manager of the Coroner assigned to the case.
If any participants do not know which Coroner is assigned to the case, they can contact their local Coronial Services Unit using the email addresses above.
[1] (i) All references to KN95 masks include references to masks of an equivalent standard such as P2 masks.
(ii) People who have a mask exemption card issued by the Ministry of Health will not be required to wear a mask.
(iii) A Coroner may permit a participant in a hearing to remove their mask when speaking.
[2] See also Courts (Remote Participation) Act 2010, ss 5 and 6.
[3] For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6.
[4] For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6.
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Coroners Court operations under Covid-19 Protection Framework
Deputy Chief Coroner A J Tutton
Effective from 5 April 2022
1. This protocol sets out practices to be applied by the Coroners Court under the COVID-19 Protection Framework (Protection Framework) at Red, Orange and Green levels.
2. Courts are an essential service. The Coroners Court will remain open at all three levels under the Protection Framework to ensure access to justice.
3. This protocol sets out a framework for ensuring that everyone who needs to participate in proceedings is able to do so. The primary considerations that underpin this protocol, and decisions under it, are the interests of justice and the protection of the health and safety of everyone in the Court building.
PROTECTION FRAMEWORK RED LEVEL
4. Coroners Court business will be conducted to the extent possible by remote participation including AVL or other remote means.
5. In person hearings may take place if a Coroner decides that it is in the interests of justice to do so.
6. Notice of application to participate in person at hearings presumptively conducted by remote technology must be given at least five working days prior to the hearing.
PROTECTION FRAMEWORK ORANGE LEVEL
7. Procedural or administrative hearings such as pre-inquest conferences and case management conferences are presumptively conducted by remote technology (subject to the particular circumstances of an individual case which mean an in-person hearing would be in the interests of justice).
8. Notice of application to participate in person at hearings presumptively conducted by remote technology must be given at least five working days prior to the hearing.
9. The question of whether inquests will proceed in person or by remote technology will be considered as part of a case management conference or dealt with on the papers after receipt of any memoranda filed.
PROTECTION FRAMEWORK GREEN LEVEL
10. The presumption is that all inquests will be conducted in person.
11. The responsible Coroner will determine whether a procedural or administrative hearing such as a pre-inquest conference or case management conference will be conducted in person or via remote technology.
12. Counsel and parties may apply to participate in a hearing via approved remote technology. Particular consideration will be given to any health vulnerabilities of participants, the distance that would otherwise have to be travelled and the likely length and complexity of the hearing.
13. Notice of application to participate by remote technology must be given at least ten working days prior to the hearing.
MEASURES APPLYING AT ALL PROTECTION FRAMEWORK LEVELS
Attending Court
14. Where participants attend Court:
(i) Parties may be required to wait outside the courtroom until their case is called;
(ii) Witnesses required to attend Court should not enter the courthouse until just prior to their scheduled attendance;
(iii) So far as possible, counsel should take instructions and brief witnesses at a different location from 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.
15. All participants attending Court for hearings longer than one day may be asked to take a Rapid Antigen Test (RAT) on each morning before the Court hearing commences, unless the presiding Coroner directs that this is not required.[1] This requirement may also apply to participants attending court for hearings of half a day or longer, if the presiding Coroner so directs. The Case Manager will advise counsel and any party who is not legally represented of the arrangements for testing for their particular case. If participants are asked to take a RAT, and any participant declines to do so, the presiding Coroner will determine whether and how the hearing will proceed. If any participant tests positive, the presiding Coroner will determine on a case by case basis whether and how the hearing may be able to continue.
Media Access
16. 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.
Remote participation and viewing
17. The following Protocol for Participation in Remote Hearings, with any necessary amendments to reflect the processes of the Coroners Court, will apply to any hearings involving remote participants:
Protocol for Participation in Remote Hearings
18. The Protocol for Remote Viewings of Hearings, with any necessary amendments to reflect the processes of the Coroners Court, governs media and public access to hearings:
Protocol for Remote Viewing of Hearings
Health and safety
19. The Courts remain open to the public, but for health and safety reasons there may be limits on the number of people who are not directly involved in proceedings who are physically present in courtrooms and Court buildings. Those present in the Court building must observe all physical distancing requirements.
20. Subject to the notes set out below,[2] and the over-riding discretion of the presiding Coroner:
(i) Court attendees must wear a surgical mask or a KN95 (or equivalent) mask at all times within the court precincts.
(ii) All participants in proceedings considered by the presiding Coroner to be high risk must wear a KN95 (or equivalent) mask at all times within the Court precincts. These will be provided.
21. The following health and safety measures can be expected in the Court building:
(i) Access will be denied to anyone who is showing signs of illness, or has a body temperature of 38 degrees or higher;
(ii) Access will be denied to anyone who has tested positive for COVID-19 and is required to isolate, or who is a household contact of a confirmed case of COVID-19;
(iii) Surgical masks will be provided at the entry to the courthouse for all those who do not have their own surgical mask or a KN95 (or equivalent) mask;
(iv) Cleaning products are available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites); and
(v) Hand sanitiser will be readily available within the courtroom.
22. Any concerns about health and safety in the Court should be raised with the Court Manager or the Manager Justice Services (Coronial) in the first instance.
Expectations of counsel
23. Counsel are expected to assist the Court by:
(a) Briefing clients and witnesses on the health and safety measures in the courthouse as outlined in paragraphs 19 to 21.
(b) 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 procedural and/or administrative hearings; and
(iii) advising the presiding Coroner in advance of any agreed facts which may enable the limiting of the number of witnesses.
(c) Counsel should consider and endeavour to agree on 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. Section 102A of the Coroners Act 2006 and the relevant provisions of the Courts (Remote Participation) Act 2010 will govern whether and how any witness may give evidence remotely.
ADDENDUM 1
Addresses for filing electronically and by mail
All electronic filing is to be to the following addresses:
Whangarei CSU: csu.whangarei@justice.govt.nz
Auckland CSU: csu.auckland@justice.govt.nz
Hamilton CSU: csu.hamilton@justice.govt.nz
Rotorua CSU: csu.rotorua@justice.govt.nz
Hastings CSU: csu.hastings@justice.govt.nz
Palmerston North CSU: csu.palmerstonnorth@justice.govt.nz
Wellington CSU: csu.wellington@justice.govt.nz
Christchurch CSU: csu.christchurch@justice.govt.nz
Dunedin CSU: csu.dunedin@justice.govt.nz
If any party wishes to contact the Coroners Court regarding an urgent matter, use the above email addresses.
All filing by mail is to be to these addresses:
Whangarei CSU AX10041, Whangarei
Auckland CSU CX10079, Auckland
Hamilton CSU GX10014, Hamilton
Rotorua CSU JX10517, Rotorua
Hastings CSU, MX10033, Hastings
Palmerston North CSU PX10001, Palmerston North
Wellington CSU SX10044, Wellington
Christchurch CSU WX10073, Christchurch
Dunedin CSU YX10149, Dunedin
Any enquiries about a case should be made to the Case Manager of the Coroner assigned to the case.
If any participants do not know which Coroner is assigned to the case, they can contact their local Coronial Services Unit using the email addresses above.
[1] This will be rolled out to all courts, but will not be in place in some courts as at 5 April 2022.
[2] (i) People who have a mask exemption card issued by the Ministry of Health will not be required to wear a mask.
(ii) Leave may be given to court attendees to remove their mask when speaking.
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Coroners Court operations under Covid-19 Protection Framework
Deputy Chief Coroner A J Tutton
Effective from 14 February 2022
1. This protocol sets out practices to be applied in the Coroners Court under the COVID-19 Protection Framework at Red, Orange and Green levels.
2. Courts are an essential service. The Coroners Court will remain open at all three levels under the COVID-19 Protection Framework, to ensure access to justice.
3. This protocol sets out a framework for ensuring that everyone who needs to participate in proceedings is able to do so. The primary considerations that underpin this protocol, and decisions under it, are the interests of justice and the protection of the health and safety of everyone in the Court building.
PROTECTION FRAMEWORK RED
4. Coroners Court business will be conducted to the extent possible by remote participation including AVL or other remote means.
5. In-person hearings may take place if a Coroner decides that it is in the interests of justice to do so.
6. Notice of application to participate in-person at hearings presumptively conducted by remote technology must be given at least five working days prior to the hearing.
PROTECTION FRAMEWORK ORANGE
7. Procedural or administrative hearings such as pre-inquest conferences and case management conferences are presumptively conducted by remote technology (subject to the particular circumstances of an individual case which mean an in-person hearing would be in the interests of justice).
8. Notice of application to participate in-person at hearings presumptively conducted by remote technology must be given at least five working days prior to the hearing.
9. The question of whether inquests will proceed in-person or by remote technology will be considered as part of a case management conference or dealt with on the papers after receipt of any memoranda filed.
PROTECTION FRAMEWORK GREEN
10. The presumption is that all inquests will be conducted in-person.
11. The responsible Coroner will determine whether a procedural or administrative hearing such as a pre-inquest conference or case management conference will be conducted in-person or by remote technology.
12. Counsel and parties may apply to participate in a hearing by approved remote technology. Particular consideration will be given to any health vulnerabilities of participants, the distance that would otherwise have to be travelled and the likely length and complexity of the hearing.
13. Notice of application to participate by remote technology must be given at least ten working days prior to the hearing.
MEASURES APPLYING AT ALL PROTECTION FRAMEWORK LEVELS
Access to the Coroners Court
14. Persons attending the Coroners Court must:[1]
(i) show a vaccine pass; or
(ii) provide evidence of a negative PCR COVID-19 test administered within the last 48 hours; or
(iii) provide evidence of a negative Rapid Antigen Test administered within the last 24 hours.[2]
Persons required or entitled to attend an in-person hearing (e.g. witnesses, whānau of the deceased, interested parties and their lawyers)
15. Where a person who is required or entitled to attend an in-person hearing does not meet the requirements in paragraph 14 above, he/she must advise the Court at least 10 working days prior to the hearing so the means of participation can be considered and, if appropriate, arrangements will be made for remote participation.
Attending Court
16. Where participants attend Court:
(i) Parties may be required to wait outside the courtroom until their case is called.
(ii) Witnesses required to attend Court should not enter the courthouse until just prior to their scheduled attendance.
(iii) So far as possible, counsel should take instructions and brief witnesses at a different location from 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.
Media Access
17. Accredited news media will have entry to the Court in accordance with the requirements in paragraph 14 above 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.
Remote participation and viewing
18. The following Protocol for Participation in Remote Hearings will apply to any hearings involving remote participants:
Protocol for Participation in Remote Hearings
19. The Protocol for Remote Viewings of Hearings governs media and public access to hearings:
Protocol for Remote Viewing of Hearings
Health and safety
20. Persons entering the Court building must register their attendance by scanning the QR code or by entering their details on a list maintained by the Registrar (or court taker, in the case of counsel).
21. The Courts remain open to the public, but for public health reasons there may be limits on the number of people who are not directly involved in proceedings who are physically present in courtrooms and Court buildings. All physical distancing requirements must be observed.
22. Subject to the notes set out below,[3] and the over-riding discretion of the presiding Coroner:
(i) Vaccinated Court attendees and unvaccinated Court attendees who have provided a negative COVID-19 test must wear a cloth mask, surgical mask or a KN95 (or equivalent) mask at all times within the court precincts.
(ii) Unvaccinated Court attendees who have not provided a negative COVID-19 test result, and all participants in proceedings considered by the presiding Coroner to be high risk must wear a KN95 (or equivalent) mask at all times within the Court precincts. These will be provided.
23. The following health and safety measures can be expected in the Court building:
(i) Access will be denied to anyone who is showing signs of illness, or has a body temperature of 38 degrees or higher, or has had close-contact with a suspected, probable or confirmed case of COVID-19;
(ii) Surgical masks will be provided at the entry to the courthouse for all those who do not have their own mask;
(iii) Cleaning products will be available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites); and
(iv) Hand sanitiser will be readily available within the courtroom.
24. Any concerns about health and safety in the courthouse should be raised with the Court Manager or the Manager Justice Services (Coronial Services) in the first instance.
25. In the event of community transmission within a courthouse catchment area, public health advice will be taken, and further directions given.
Expectations of counsel
26. Counsel are expected to assist the Court by:
(a) Advising the Court at an early stage if they become aware that alternative measures are likely to be required for their client’s attendance at an in-person hearing because they do not meet the requirements set out in paragraph 14
(b) Briefing clients and witnesses on the health and safety measures in the courthouse as outlined in paragraphs 20 to 23.
(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 procedural and/or administrative hearings; and
(iii) advising the presiding Coroner in advance of any agreed facts which may enable the limiting of the number of witnesses.
27. Where the presiding Coroner determines that a hearing, or any part of a hearing is to proceed in-person, counsel should consider and endeavour to agree on 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. This should include consideration of any witness unable to attend Court by reason of the requirements set out in paragraph 14 above. Section 102A of the Coroners Act 2006 and the relevant provisions of the Courts (Remote Participation) Act 2010, will govern whether and how any witness may give evidence remotely.
ADDENDUM 1
Addresses for filing electronically and by mail
All electronic filing is to be to the following addresses:
Whangarei CSU: csu.whangarei@justice.govt.nz
Auckland CSU: csu.auckland@justice.govt.nz
Hamilton CSU: csu.hamilton@justice.govt.nz
Rotorua CSU: csu.rotorua@justice.govt.nz
Hastings CSU: csu.hastings@justice.govt.nz
Palmerston North CSU: csu.palmerstonnorth@justice.govt.nz
Wellington CSU: csu.wellington@justice.govt.nz
Christchurch CSU: csu.christchurch@justice.govt.nz
Dunedin CSU: csu.dunedin@justice.govt.nz
If any party wishes to contact the Coroners Court regarding an urgent matter, these emails are also the addresses to use.
All filing by mail is to be to these addresses:
Whangarei CSU AX10041, Whangarei
Auckland CSU CX10079, Auckland
Hamilton CSU GX10014, Hamilton
Rotorua CSU JX10517, Rotorua
Hastings CSU, MX10033, Hastings
Palmerston North CSU PX10001, Palmerston North
Wellington CSU SX10044, Wellington
Christchurch CSU WX10073, Christchurch
Dunedin CSU YX10149, Dunedin
Any enquiries about a case should be made to the Case Manager of the Coroner assigned to the case.
If any participants do not know which Coroner is assigned to the case, they can contact their local Coronial Services Unit at the email addresses above.
[1] Nothing in this protocol will prevent the attendance at Court of any person required to attend the Coroners Court, for example pursuant to a summons, legislative requirement or judicial direction, who does not meet the requirements in paragraph 12. Appropriate health and safety measures will be put in place.
[2] The Ministry of Justice will meet the cost of the rapid antigen test for any person required to attend the Coroners Court, for example pursuant to a summons, legislative requirement or judicial direction.
[3] (i) People who have a mask exemption card issued by the Ministry of Health will not be required to wear a mask.
(ii) Leave may be given to court attendees to remove their mask when speaking.
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Please refer to:
Protocol, COVID-19 Past Alert Level 4 25 August 2021
Protocol, COVID-19 Past Alert Level 2 17 February 2021
Protocol, COVID-19 Past Alert Level 2, as at 30 June 2021
Protocol, COVID-19 Past Alert Level 1, reissued 27 June 2021
Protocol Past Alert Level 3 (August 2020, Auckland region)
Protocol Past Alert Level 2 (May-June 2020)
Protocol Past Alert Level 3 (April-May 2020)
Protocol Past Alert Level 4 (6 April 2020)