Archived High Court
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Preliminary provisions
1. This protocol is issued by the Chief High Court Judge and the Chief District Court Judge under cl 4 of schedule 2 to the Juries Act It has effect from 13 September 2022.
2. In this protocol:
a. “Chief Judge” means:
i. in relation to High Court jury trials, the Chief High Court Judge;
ii. in relation to District Court jury trials, the Chief District Court Judge;
b. references to rules are references to rules in the Jury Rules
Requirements for jurors during trials
3. Every juror must wear a KN95 (or equivalent) mask in the courtroom and/or the jury retiring room if directed to do so by the presiding judge.
4. Every juror must, while in the courtroom, comply with any distancing requirements imposed by the presiding judge.
5. The presiding judge may direct that jurors are required to take a Rapid Antigen Test (RAT) on the first day of a jury trial and/or on any subsequent days of the trial, if the judge is satisfied that it is reasonably necessary to do so in the interests of justice and to protect health and safety in the courts.
6. Any juror with any symptoms of COVID-19, however minor, is required to take a RAT before attending court.
7. A juror must promptly advise the Court registry if:
a. They test positive for COVID-19;
b. They become aware that they are a household contact of a confirmed COVID-19 case;
c. They have any symptoms of COVID-19, however minor.
Additional provisions in relation to summoning and selection of jurors
The modifications to the Jury Rules 1990 set out in the protocol dated 21 April 2022 are revoked and replaced by the provisions set out in schedule 1 to this protocol, with effect from 13 September 2022.
Dated 12 September 2022
Hon Justice Susan Thomas Judge John Walker
Chief High Court Judge Acting Chief District Court Judge
Schedule 1 – Additional Provisions in relation to Summoning and Selection of Jurors
1. The additional provisions set out in this schedule concerning the summoning and selection of jurors under the Jury Rules 1990 apply in relation to all jury trials conducted in the High Court and District Court with effect from 13 September
Additional provisions to facilitate distancing of summoned jurors
2. The Registrar may designate more than one area for assembly of summoned jurors under rule 14, and may require jurors to assemble in separate groups in two or more separate areas.
3. Where rule 16 applies:
a. some balloted jurors may be escorted to the courtroom, and others may be escorted to one or more separate rooms or areas of the court precincts; or
b. the balloted jurors may be escorted to two or more separate rooms or areas of the court precincts other than the courtroom.
4. There must be arrangements in place at each room or area to which balloted jurors are escorted under cl 3 to ensure that, as cards are drawn in accordance with rule 17, the jurors are able to hear their names being called in accordance with rule 19 (for example, by audio or audio-visual link).
Pre-balloting at supplementary court location
5. The Chief Judge may designate a location as a supplementary court location for the purpose of preliminary balloting of jurors under rule 15.
6. A summons issued by the Registrar under rule 10 may require a juror to attend at a supplementary court location. The modified form of jury summons set out in schedule 2 may be used.
7. Where a summons requires a juror to attend at a supplementary court location, all references in the Rules to attendance at the court must be read as including a reference to attending at that supplementary court location, and all references in the Rules to the court precincts must be read as including a reference to that supplementary court location.
8. The preliminary balloting of jurors for a trial provided for in rule 15 may be conducted before the date on which the trial is to Where the preliminary balloting of jurors is conducted before the trial date, the balloted jurors:
a. Need not be escorted immediately to the courtroom under rule 16;
b. Must be advised of the place, date and time at which they are required to attend for the purpose of balloting of jurors under rule 17;
c. On their arrival at court at the specified time and date, will be escorted to the courtroom and/or to another location or locations in the court precincts in accordance with cl 3 above.
9. When conducting preliminary balloting under rule 15 –
a. The available jurors need not be in the presence of the Registrar;
b. The available jurors may be assembled in two or more different locations, as directed by the Registrar;
c. The available jurors in each location must be able to hear each name as it is called out (for example, by audio or audio-visual link).
Pre-balloting without jurors present
10. A Judge may direct that preliminary balloting under rule 15 for a particular trial is to take place without the available jurors present. Where such a direction is given:
a. The preliminary balloting will be conducted by the Registrar in the precincts of the court without the available jurors present;
b. The preliminary balloting for the trial may be conducted by the Registrar before the date on which the jury is required for that trial;
c. The parties must be advised of the time and date at which the preliminary balloting will be conducted, and may be present at that preliminary balloting;
d. The available jurors must be advised of the time and date at which the preliminary balloting will be conducted, and provided with the opportunity to observe that preliminary balloting by audio-visual link and/or to hear it by audio link;
e. The Registrar may advise available jurors who have not been balloted in the preliminary ballot that they have not been balloted, and advise them whether they are required to attend court on the date and time specified in their jury summons, or at a later time and date in the week for which they have been summoned;
f. The Registrar may advise each juror who has been balloted in the preliminary ballot that they have been balloted, and advise them of the time and date at which they must attend court for the purpose of balloting of jurors under rule 17 (which may be the time and date specified in their jury summons, or any later time and date in the week for which they have been summoned);
g. On their arrival at court at the specified time and date, the balloted jurors will be escorted to the courtroom and/or to another location or locations in the court precincts in accordance with cl 3 above.
11. The Chief Judge may direct that the preliminary balloting procedure set out in cl 10 above will be adopted for all trials to be held at one or more specified courts during a specified period. Any directions given under the previous version of this Protocol issued on 21 April 2022 continue to apply until modified or withdrawn by the Chief Judge.
Schedule 2: Modified Form 1
Form 1 Jury summons
Section 13(1), Juries Act 1981
To [full name, address]
Your name has been randomly selected from the jury list. You are therefore required to attend for jury service—
at [name and address of court or supplementary court location]
on [day and date]
at [time].
You must also attend for the rest of that week, if required, at the same place and time or at a court specified by the Registrar in a written notice given to you. If sworn to try a case that continues beyond the end of that week, you must continue to serve until the case is determined or you are discharged by the court.
If you fail to attend as required, or refuse or neglect to serve, you may be liable under the Juries Act 1981 to a fine of up to $1,000, or to arrest to secure your attendance. You may, however, apply to have this summons cancelled, or to be permitted to defer your jury service, or to be excused from jury service.
Date:
Signature:
(Registrar)
Protocol concerning High Court and District Court Jury Trials - applicable from 13 September 2022 (PDF, 276 KB)
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JURY TRIAL GUIDELINES
1. The following guidelines will be used for the conduct of jury trials in the High Court and the District Court with effect from Tuesday 13 September 2022.
2. These guidelines apply subject to any directions given by the presiding judge in a particular case. The presiding judge may direct that requirements set out in these guidelines do not apply in a particular case if the judge is satisfied that it is in the interests of justice to do so.
Arrival at Court
3. Summonsed jurors may be directed to attend a different location from other court attendees.
4. Summonsed jurors selected as members of the jury panel will be provided with KN95 masks.[1] Advice and demonstrations on how to correctly fit KN95 masks will be provided by Ministry of Justice staff.
Jury Empanelling
5. The empanelling process will be carried out in accordance with the Jury Rules 1990 and the additional provisions adopted under cl 4 of schedule 2 to that Act. This will include remote pre-balloting of jurors in some cases, and may include use of alternative premises and/or additional courtrooms and spaces in court buildings to safely accommodate the jury panel during the empanelling process.
6. Summonsed jurors will be kept together for the minimum time
Jury Courtroom
7. Where practicable, perspex screens may be installed in appropriate locations including:
a. the dock;
b. the witness box;
c. between the Judge’s bench and the registrar; and
d. in front of the benches used by the registrar and
Masks
8. All individuals present in a jury trial courtroom may wear a KN95 mask or a surgical mask. They are encouraged to do so when moving around the courtroom. Masks will be provided if required.
9. The presiding judge may direct that all individuals present in the courtroom, or specified individuals present in the courtroom, must wear a KN95 mask or a surgical mask.
10. Unless the presiding Judge directs otherwise, masks may be removed when speaking, including when witnesses are giving evidence and when counsel are questioning witnesses or presenting oral submissions.
Rapid Antigen Testing (RAT)
11. On the first day of a trial that is expected to last more than a week, members of the jury will (unless the presiding judge directs otherwise) be required to take a RAT immediately following empanelment. The remainder of the jury panel will not be released until all empanelled jurors (and any replacement jurors) have tested negative.
12. The presiding judge may direct that court participants[2] involved in a jury trial are required to take a RAT on the first and/or on any subsequent days of the trial, if the judge is satisfied that it is reasonably necessary to do so in the interests of justice and to protect health and safety in the courts.
13. A court participant who has any symptoms of COVID-19, however minor, is required to take a RAT before attending court and report the result of that RAT to the court registry. If the test is positive, the court participant must not attend court (see [16] below). If the test is negative, the registry will advise the court participant whether they are permitted to attend court.
Distancing in the courtroom
14. Every person in the courtroom must comply with any distancing requirements imposed by the presiding judge.
Providing up-to-date information about COVID-19 status to the Court
15. All court participants and other persons attending the trial must promptly advise the court registry if:
a. They test positive for COVID-19;
b. They become aware that they are a household contact of a confirmed COVID- 19 case;
c. They have symptoms of COVID-19, however minor.
Positive Tests and Household Contacts
16. If a juror or other 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 trial may be able to continue will be a matter for the presiding Judge to determine on a case-by-case basis.
17. If a juror or other court participant is a household contact[3] of a person with COVID-19, the presiding judge will determine whether they may continue to participate in the hearing. The judge may permit them to do so subject to appropriate safeguards, such as taking a RAT on a daily basis before attending court and/or wearing a mask in the courtroom. Whether and how the trial may be able to continue will be a matter for the presiding Judge to determine on a case-by-case basis.
Dated 12 September 2022
Hon Justice Susan Thomas
Chief High Court Judge
Judge John Walker
Acting Chief District Court Judge
[1] All references to KN95 masks include references to masks of an equivalent standard such as P2 masks.
[2] Court participants include parties, jurors, counsel, court staff, witnesses, interpreters, communication assistants, media representatives and any other person who the presiding judge directs should be treated as a participant in the hearing.
[3] For guidance on who is a household contact see Household Contacts | Unite against COVID-19 (covid19.govt.nz).
High Court and District Court : Jury Trial Guidelines effective from 13 September 2022 (PDF, 239 KB
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Chief High Court Judge Susan Thomas
Effective from 13 September 2022
INTRODUCTION
1. Courts are an essential service. The High 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 judge in a particular case. The presiding judge may direct that requirements set out in this protocol do not apply in a particular case if the judge 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. A defendant in criminal proceedings 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 a judge. The defendant 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 judge so directs.
CONDUCT OF HEARINGS
9. All criminal and civil matters listed for hearing will be conducted in person, unless a judge directs otherwise. Directions may be given for some types of hearing to be conducted remotely.
10. A 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. A 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 judge 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
13. The presiding judge 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 judge directs, if the judge 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 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 Judge 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 Judge will determine whether and how the hearing will proceed.
GENERAL PROVISIONS
Jury trials
17. The Jury Trial Guidelines will apply to all jury trials. The Guidelines set out additional requirements concerning use of masks and RAT testing for participants in jury trials.
Media access and remote viewing of hearings
18. 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.
19. The Protocol for Remote Viewing of Hearings governs media and public remote access to 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 (sole High Court) or the Manager Justice Services (combined Court) 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
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 administrative hearings; and
iii. Limiting the number of witnesses via the use of agreed facts.
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. 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. Also refer to the Guidelines for Remote Participation by Witnesses in Criminal Hearings.
Filing and filing fees
23. Documents may be filed electronically, by post, courier or in person. Counters will be open. Address details are contained in Addendum 1.
24. Filing fees continue to 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. An online “file and pay” system is available.
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
Hamilton High Court: hamilton.hc@justice.govt.nz
Rotorua High Court: rotorua.hc@justice.govt.nz
Tauranga High Court: tauranga.hc@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, use the above email addresses.
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
[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.
High Court operations with COVID-19 in the community - effective from Tuesday 13 September 2022 (PDF, 185 KB)
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INTRODUCTION
1. Courts are an essential service. The High 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 High Court under the Red, Orange or 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 judge in a particular case. The presiding judge may direct that requirements set out in this protocol do not apply in a particular case if the judge 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 all participants in jury trials, and by participants in any other hearings if the presiding judge so directs.
7. All physical distancing requirements must be observed.
PROTECTION FRAMEWORK RED LEVEL
8. High 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 Judge 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.
Criminal
11. High Court criminal jury and judge-alone trials will commence as scheduled and will be subject to enhanced health and safety measures including rapid antigen testing for jurors and other participants.
12. Sentencings, and arraignments of defendants who are on bail, will take place in person where appropriate with careful management to mitigate risk.
13. Criminal list courts will presumptively take place remotely.
14. The Court will deal with all other criminal work by remote means including first appearances, bail applications and appeals, custodial remands, conviction and sentence appeals, case review hearings, sentence indications, list courts and pre-trial matters, subject to the particular circumstances of an individual case which mean an in-person hearing would be in the interests of justice. [3]
Civil
15. The Court will conduct as much of its usual civil business as reasonably possible by remote means, including habeas corpus applications, civil appeals, judicial review, summary judgments, interlocutory applications, urgent injunctions, caveat applications, liquidation and bankruptcy proceedings, list courts, probate matters and originating applications.
16. Banco lists will presumptively take place in person with staggered start times where appropriate.
17. For all other matters, the question of whether the hearing takes place in person or by remote technology will be considered as part of a case management conference or, following a request from the relevant case officer, dealt with on the papers after receipt of counsel’s memoranda (whether joint or otherwise).
18. High Court civil jury trials will commence as scheduled and will be subject to the same measures as criminal jury trials.
19. Sheriff proceedings can be filed and will be dealt with in the usual way.
20. New filings will be triaged according to priority.
21. Applications for probate will be accepted. General Registrar work will be carried out to the extent possible.
PROTECTION FRAMEWORK ORANGE LEVEL
22. At the Orange level, the following matters 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:[4]
- Bail applications
- Criminal Appeals
- Consented applications which may require an order/decision in open court
- Hearings of one day or less.
23. 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.
24. All criminal jury trials and judge-alone trials will take place in person.
25. All civil jury trials will take place in person.
26. All sentencings, and arraignments of defendants who are on bail, will take place in person unless a judge directs otherwise.
27. Criminal and civil list courts, including banco lists, will take place in person unless a judge directs otherwise.
28. All other matters will take place in person unless a judge directs otherwise. 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.
29. 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.
30. Sheriff proceedings will be dealt with in the usual way.
PROTECTION FRAMEWORK GREEN LEVEL
31. The presumption is that all criminal and civil matters 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.
32. A party, counsel or other participant may apply to participate in a hearing by remote technology.[5] 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.
33. Notice of application to participate by remote technology must be given at least five working days prior to the hearing.
GENERAL MEASURES
Attending Court
34. Where participants attend Court:
(i) List Courts will operate on a case by case call basis. 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.
35. 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 judge so directs. The Registry 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 judge may direct that in the second and subsequent weeks, RAT testing is only required on the Monday and then on every second sitting day.
36. If participants are asked to take a RAT, and any participant declines to do so, the presiding Judge will determine whether and how the hearing will proceed. If any participant tests positive, the presiding Judge will determine on a case by case basis whether and how the hearing may be able to continue.
Jury trials
37. The Jury Trial Bubble Guidelines will apply to all jury trials. The Guidelines set out additional requirements concerning use of masks and RAT testing for participants in jury trials.
Media access
38. 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
39. The Protocol for Participation in Remote Hearings will apply to any hearings involving remote participants:
Protocol for Participation in Remote Hearings
40. The Protocol for Remote Viewings of Hearings governs media and public access to hearings:
Protocol for Remote Viewing of Hearings
Health and safety
41. 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);
(ii) Hand sanitiser will be readily available within the courtroom.
42. Any concerns about health and safety in the Court should be raised with the Court Manager (sole High Court) or the Manager Justice Services (combined Court) in the first instance.
Expectations of Counsel
43. 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 35-36
(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 administrative hearings; and
(iii) Limiting the number of witnesses via the use of agreed facts.
(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. 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. Also refer to the Guidelines for Remote Participation by Witnesses in Criminal Hearings.
Filing and filing fees
44. Documents may be filed electronically, by post, courier or in person. Counters will be open. Address details are contained in Addendum 1.
45. 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. [Link to Rules 5.1A and 5.1B] An online “file and pay” system is available. Courts of New Zealand file and pay
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
Hamilton High Court hamilton.hc@justice.govt.nz
Rotorua High Court rotorua.hc@justice.govt.nz
Tauranga High Court tauranga.hc@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, use the above email addresses.
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
(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 Judge 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] See also 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.
[5] For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6.
High Court operations under Covid-19 Protection Framework, effective from 26 April 2022 (PDF, 132 KB)
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High Court operations under Covid-19 Protection Framework
Chief High Court Judge Susan Thomas
Effective from 5 April 2022
1. This Protocol sets out practices to be applied by the High Court under the COVID‑19 Protection Framework (Protection Framework) Red, Orange or Green level.
2. Courts are an essential service. The High Court will remain open at all three levels under the Protection Framework, to ensure access to justice. 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
3. High Court business will be conducted to the extent possible by remote participation including AVL or other remote means.
4. In-person hearings may take place if a Judge decides that it is in the interests of justice to do so.
5. 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.
Criminal
6. High Court criminal jury and judge-alone trials will commence as scheduled and will be subject to enhanced health and safety measures including rapid antigen testing for jurors and other participants.
7. Sentencings, and arraignments of those defendants who are on bail, will take place in person where appropriate with careful management to mitigate risk.
8. Criminal list courts will presumptively take place remotely.
9. The Court will deal with all other criminal work by remote means including first appearances, bail applications and appeals, custodial remands, conviction and sentence appeals, case review hearings, sentence indications, list courts and pre-trial matters.[1]
Civil
10. 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, list courts, probate matters and originating applications.
11. Banco lists will presumptively take place in person with staggered start times where appropriate.
12. For all other matters, the question of whether the hearing takes place in person or by remote technology will be considered as part of a case management conference or, following a request from the relevant case officer, dealt with on the papers after receipt of counsel’s memoranda (whether joint or otherwise).
13. High Court civil jury trials will commence as scheduled and will be subject to the same measures as criminal jury trials as outlined in paragraph 6.
14. Sheriff proceedings can be filed and will be dealt with in the usual way.
15. New filings will be triaged according to priority.
16. Applications for probate will be accepted. General Registrar work will be carried out to the extent possible.
PROTECTION FRAMEWORK ORANGE LEVEL
17. At the Orange level, the following matters 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):[2]
- Bail applications
- Criminal Appeals
- Consented applications which may require an order/decision in open court
18. 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.
19. All sentencings, and arraignments of those defendants who are on bail, will presumptively take place in person.
20. Criminal and civil list courts, including banco lists, will presumptively take place in person.
21. High Court civil jury trials will take place.
22. For all other matters, the question of whether the hearing takes place in person or by remote technology will be considered as part of a case management conference or, following a request from the relevant case officer, dealt with on the papers after receipt of counsel’s memoranda (whether joint or otherwise).
23. Sheriff proceedings will be dealt with in the usual way.
PROTECTION FRAMEWORK GREEN LEVEL
24. The presumption is that all criminal and civil matters will be conducted in person.
25. 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.
26. 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
27. Where participants attend Court:
(i) List Courts will operate on a case by case call basis. 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.
28. 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 judge directs that this is not required.[3] This requirement may also apply to participants attending court for hearings of half a day or longer, if the presiding judge so directs. The Registry 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 Judge will determine whether and how the hearing will proceed. If any participant tests positive, the presiding Judge will determine on a case by case basis whether and how the hearing may be able to continue.
Jury trials
29. The Jury Trial Bubble Guidelines will apply to all jury trials. The Guidelines set out additional requirements concerning use of masks and RAT testing for participants in jury trials.
Media access
30. 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
31. The following Protocol for Participation in Remote Hearings will apply to any hearings involving remote participants:
Protocol for Participation in Remote Hearings
32. The Protocol for Remote Viewings of Hearings governs media and public access to hearings:
Protocol for Remote Viewing of Hearings
Health and safety
33. 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. All physical distancing requirements must be observed.
34. Subject to the notes set out below[4], and the over-riding discretion of the presiding Judge:
(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 jury trials and other proceedings considered by the presiding Judge to be high risk must wear a KN95 (or equivalent) mask at all times within the court precincts. These will be provided.
35. The following health and safety measures can be expected in the courthouse:
(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 mask.
(iv) Cleaning products are available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites);
(v) Hand sanitiser will be readily available within the courtroom.
36. Any concerns about health and safety in the Court should be raised with the Court Manager (sole High Court) or the Manager Justice Services (combined Court) in the first instance.
Expectations of Counsel
37. 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 33 - 35.
(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 administrative hearings; and
(iii) Limiting the number of witnesses via the use of agreed facts.
(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. 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. Also refer to the Guidelines for Remote Participation by Witnesses in Criminal Hearings.
Filing and filing fees
38. Documents may be filed electronically, by post, courier or in person. Counters will be open. Address details are contained in Addendum 1.
39. 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. [Link to Rules 5.1A and 5.1B] An online “file and pay” system is available.
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
Hamilton High Court hamilton.hc@justice.govt.nz
Rotorua High Court rotorua.hc@justice.govt.nz
Tauranga High Court tauranga.hc@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, use the above email addresses.
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
[1] See also Courts (Remote Participation) Act 2010, ss 5 and 6.
[2] See also Courts (Remote Participation) Act 2010, ss 5 and 6.
[3] This will be rolled out to all courts, but will not be in place in some courts as at 5 April 2022.
[4] (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.
-
High Court operations under Covid-19 Protection Framework
Chief High Court Judge Susan Thomas
Effective from 14 February 2022
1. This Protocol sets out practices to be applied by the High Court under the COVID‑19 Protection Framework (Protection Framework) Red, Orange or Green level.
2. Courts are an essential service. The High Court will remain open at all three levels under the Protection Framework, to ensure access to justice. 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
3. High Court business will be conducted to the extent possible by remote participation including AVL or other remote means.
4. In-person hearings may take place if a Judge decides that it is in the interests of justice to do so.
5. 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.
Criminal
6. High Court criminal jury and judge-alone trials will commence as scheduled and will be subject to enhanced health and safety measures including rapid antigen testing for jurors and other participants.
7. Sentencings, and arraignments of those defendants who are on bail, will take place in-person where appropriate with careful management to mitigate risk.
8. Criminal list courts will presumptively take place remotely.
9. The Court will deal with all other criminal work by remote means including first appearances, bail applications and appeals, custodial remands, conviction and sentence appeals, case review hearings, sentence indications, list courts and pre-trial matters.[1]
Civil
10. 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, list courts, probate matters and originating applications.
11. Banco lists will presumptively take place in person with staggered start times where appropriate.
12. For all other matters, the question of whether the hearing is in-person or by remote technology will be considered as part of a case management conference or, following a request from the relevant case officer, dealt with on the papers after receipt of counsel’s memoranda (whether joint or otherwise).
13. High Court civil jury trials will commence as scheduled and will be subject to the same measures as criminal jury trials as outlined in paragraph 6.
14. Sheriff proceedings can be filed and will be dealt with in the usual way.
15. New filings will be triaged according to priority.
16. Applications for probate will be accepted. General Registrar work will be carried out to the extent possible.
PROTECTION FRAMEWORK ORANGE LEVEL
17. At the Orange level, the following matters 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):[2]
- Bail applications
- Criminal Appeals
- Consented applications which may require an order/decision in open court
18. 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.
19. All sentencings, and arraignments of those defendants who are on bail, will presumptively take place in-person.
20. Criminal and civil list courts, including banco lists, will presumptively take place in-person.
21. High Court civil jury trials will take place.
22. For all other matters, the question of whether the hearing is in-person or by remote technology will be considered as part of a case management conference or, following a request from the relevant case officer, dealt with on the papers after receipt of counsel’s memoranda (whether joint or otherwise).
23. Sheriff proceedings will be dealt with in the usual way.
PROTECTION FRAMEWORK GREEN LEVEL
24. The presumption is that all criminal and civil matters will be conducted in-person.
25. 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.
26. 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 Court
27. Persons attending Court must:[3]
(i) Show a vaccine pass; or
(ii) Provide evidence of a negative PCR test administered within 48 hours of attendance; or
(iii) Provide evidence of a negative rapid antigen test administered within 24 hours of attendance.[4]
Defendants
28. Where a defendant in the criminal jurisdiction does not meet the requirements in paragraph 27:
(i) A separate facility may be made available in another part of the courthouse to enable remote participation for all appearances other than their trial[5] or an in-person appearance will be scheduled at a time which allows additional health and safety measures to be implemented.
(ii) The defendant’s entitlement to be physically present in the courtroom for their trial remains unchanged. Additional health and safety measures will be implemented. All defendants will be required, however, to comply with the health and safety requirements set out at paragraph 37 below, together with any other health and safety directives that may be given by the Registrar or presiding Judge. Defendants who are not in custody must also comply with the requirement at paragraph 35
Jurors
29. Those summoned for jury service who do not meet the requirements in paragraph 27 will be subject to separate arrangements with appropriate health and safety measures put in place.
Counsel and all other participants
30. If counsel, party or other participant know they will not meet the requirements in paragraph 27, they are to 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. Refer to paragraph 41(c) and (d) below for provisions regarding the attendance of witnesses.
Attending Court
31. Where participants attend Court:
(i) List Courts will operate on a case by case call basis. 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
32. Accredited news media will have entry to the Court in accordance with the requirements in paragraph 27 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. Media representatives must introduce themselves to the judge when they are present at any hearing.
Remote participation and viewing
33. The following Protocol for Participation in Remote Hearings will apply to any hearings involving remote participants:
Protocol for Participation in Remote Hearings
34. The Protocol for Remote Viewings of Hearings governs media and public access to hearings:
Protocol for Remote Viewing of Hearings
Health and safety
35. 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).
36. 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. All physical distancing requirements must be observed.
37. Subject to the notes set out below[6], and the over-riding discretion of the presiding Judge:
(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 jury trials and other proceedings considered by the presiding Judge to be high risk must wear a KN95 (or equivalent) mask at all times within the court precincts. These will be provided.
38. The following health and safety measures can be expected in the courthouse:
(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 are available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites);
(iv) Hand sanitiser will be readily available within the courtroom.
39. Any concerns about health and safety in the Court should be raised with the Court Manager (sole High Court) or the Manager Justice Services (combined Court) in the first instance.
40. In the event of community transmission within a courthouse catchment area, public health advice will be taken and further directions given.
Expectations of Counsel
41. 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 trial because they do not meet the requirements set out in paragraph 27
b. Briefing clients and witnesses on the health and safety measures in the courthouse as outlined in paragraphs 35 - 38.
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; and
(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. This should include consideration of any witness unable to attend Court by reason of the requirements set out in paragraph 27 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. Also refer to the Guidelines for Remote Participation by Witnesses in Criminal Hearings.
Filing and filing fees
42. Documents may be filed electronically, by post, courier or in person. Counters will be open. Address details are contained in Addendum 1.
43. 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. [Link to Rules 5.1A and 5.1B] An online “file and pay” system is available. Courts of New Zealand file and pay
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
Hamilton High Court hamilton.hc@justice.govt.nz
Rotorua High Court rotorua.hc@justice.govt.nz
Tauranga High Court tauranga.hc@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, use the above email addresses.
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
[1] See also Courts (Remote Participation) Act 2010, ss 5 and 6.
[2] See also Courts (Remote Participation) Act 2010, ss 5 and 6.
[3] Nothing in this protocol will prevent the attendance at court of any person required to attend Court, for example pursuant to a summons, legislative requirement or judicial direction, who does not meet the requirements in paragraph 27. Appropriate health and safety measures will be put in place.
[4] The Ministry of Justice will meet the cost of the rapid antigen test for any person required to attend Court, for example pursuant to a summons, legislative requirement or judicial direction.
[5] Subject to any determination pursuant to ss 8 or 9 of the Courts (Remote Participation) Act 2010
[6] (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.