Court of Appeal

  • President Stephen Kós

    5 April 2022

     

    1.  This practice note applies forthwith. It sets out practices to be applied where hearings are conducted in this Court at locations that are within a COVID-19 Protection Framework Red, Orange or Green level.

    2.  At all three levels of the Protection Framework, and subject to the restrictions noted below, the Court of Appeal will remain open and will continue to carry out all usual scheduled work that can safely be supported. The following directions are made to assure the safety of staff, counsel, other participants and observers.

    Courthouse entry

    3.  No person who is unwell should enter the Courthouse at any time. Access will be denied to any person who:

    (a)  is showing signs of illness;

    (b)  has a body temperature of 38 degrees or higher;

    (c)  has tested positive for COVID-19 and is required to isolate; or

    (d)  is a household contact of a confirmed case of COVID-19.

    4.  Any other person entering the Courthouse must:

    (a)  observe social distancing requirements;

    (b)  comply with mask-wearing requirements in [5]; and

    (c)  comply with Rapid Antigen Testing requirements in [7] – [9].

    Mask-wearing requirements

    5.  Mask-wearing requirements are:

    (a)  At Red and Orange levels, a KN95 (or equivalent) mask, or surgical mask, is to be worn in public areas and courtrooms at all times, unless a valid exemption exists.

    (b)  At Green level, wearing a mask in public areas and courtrooms is encouraged.

    6.  The Judge presiding at a hearing may permit a mask to be removed by counsel or other persons, to enable effective communication, provided social distancing requirements are met.

    Rapid Antigen Testing requirements

    7.  Persons participating in a hearing at the Courthouse may be asked to take a Rapid Antigen Test (RAT) on each morning before the hearing commences. The Registry will advise the arrangements for testing. 

    8.  If any such person is asked to take a RAT and declines to do so, the Court will determine whether and how the hearing will proceed.

    9.  If any such person tests positive for COVID-19, the Court will determine on a case by case basis whether and how the hearing will proceed.

    Use of remote technology

    10. Counsel, parties or other persons who are unwell or unable to meet the requirements set out above may participate in or observe a hearing by approved remote technology.

    11. Counsel or self-represented parties who are able to meet the requirements set out above, but do not wish to participate in a hearing in person, may apply to the Court to participate by approved remote technology.

    12.  A request by counsel or a self-represented party to participate in a hearing by remote technology must be made at least five working days prior to the hearing. The Protocol for Participation in Remote Hearings will apply to any hearings involving remote participants.

    13.  A request to observe a hearing by remote technology must be made before 1:00 pm on the working day before the hearing. The Protocol for Remote Viewing of Hearings governs media and public access to observe hearings.

    Hearings conducted at a location within a COVID-19 Protection Framework Green level

    14.  Hearings at a location in a COVID-19 Protection Framework Green level will be conducted in person, subject to the requirements set out above.

    Hearings conducted at a location within a COVID-19 Protection Framework Orange level

    15.  Hearings at a location in a COVID-19 Protection Framework Orange level will be conducted in person, by remote technology, or by a combination of both, as determined by the President or Judge presiding at the scheduled hearing.

    Hearings conducted at a location within a COVID-19 Protection Framework Red level

    16.  Hearings at a location in a COVID-19 Protection Framework Red level will be conducted by remote technology unless the President or Judge presiding directs otherwise.

    17.  Documents must be emailed to the Court at courtofappeal@justice.govt.nz, or via the file and pay service, by 3:00 pm the day prior to the hearing.

    General

    18.  Counsel are expected to assist the Court by briefing clients on the public health measures set out in this practice note.

    19.  Courtrooms will be cleaned thoroughly on a daily basis. Hand sanitiser and antibacterial wipes will be available.

    20.  Hearings will continue to be recorded where possible.

    21.  Those who cannot file by email may file by post, or in person at the Registry in Wellington, providing the requirements set out above are followed.

    22.  Filing fees remain payable in the usual way, including via file and pay service.

     

    COVID-19 Protocol effective 5 April 2022  (PDF, 147 KB)

  •  

    President Stephen Kós

    9 February 2022

    1.  This practice note applies forthwith. It sets out practices to be applied where hearings are conducted in this Court at locations that are within a COVID-19 Protection Framework Red, Orange or Green level.

    2.  Persons entering the Court of Appeal can proceed on the basis that all Court of Appeal Judges and all Court of Appeal staff they may come into contact with are vaccinated.

    3.  At all three levels of the Protection Framework, and subject to the restrictions noted below, the Court of Appeal will remain open and will continue to carry out all usual scheduled work that can safely be supported. The following directions are made to assure the safety of staff, counsel, other participants and observers.

    Courthouse entry

    4.  No person who is unwell should enter the Courthouse at any time. Access will be denied to any person who is showing signs of illness, has a body temperature of 38 degrees or higher, has had close contact with a suspected, probable or confirmed case of COVID-19, or is required to be in quarantine or self-isolation.  If any of these criteria apply, the person concerned should not seek to enter the Courthouse.

    5.   Any other person entering the Courthouse must:

    (a)  Meet entry requirements set out in [6];

    (b)  Comply with mask-wearing requirements in [7]; and

    (c)  Observe social distancing requirements.

    6.  Courthouse entry requirements are:

    (a)  registration by scanning the QR code or by entering their details on a list maintained by the Registrar and administered by court security; and

    (b)  provision of a current My Vaccine pass; or

    (c)   evidence of a negative PCR test administered within 48 hours of entry; or

    (d)   evidence of a negative rapid antigen test administered within 24 hours of entry.

    Alternative options may be directed should a hearing location enter the COVID-19 Protection Framework Green level.

    Mask-wearing requirements

    7.  Mask-wearing requirements are:

    (a)  At Red and Orange levels, a KN95 (or equivalent) mask, surgical mask, or cloth mask is to be worn in public areas and courtrooms at all times, unless a valid exemption exists.

    (b)  At Green level, wearing a mask in public areas and courtrooms is encouraged.

    The Judge presiding at a hearing may permit a mask to be removed by counsel or other persons, to enable effective communication, provided social distancing requirements are met. 

    Use of remote technology

    8.  Counsel, parties or other persons who are unwell or unable to meet the requirements set out in [5] may participate in or observe a hearing by approved remote technology, subject to compliance with [10] and [11].

    9.  Counsel or self-represented parties who are able to meet the requirements set out in [5], but do not wish to participate in a hearing in person, may apply to the Court to participate by approved remote technology.

    10. A request by counsel or a self-represented party to participate in a hearing by remote technology must be made at least five working days prior to the hearing. The Protocol for Participation in Remote Hearings will apply to any hearings involving remote participants.

    11. A request to observe a hearing by remote technology must be made before 1:00 pm on the working day before the hearing. The Protocol for Remote Viewing of Hearings governs media and public access to observe hearings.

    Hearings conducted at a location within a COVID-19 Protection Framework Green level

    12.  Hearings at a location in a COVID-19 Protection Framework Green level will be conducted in person, subject to the requirements set out in [5].

    Hearings conducted at a location within a COVID-19 Protection Framework Orange level

    13. The Court will continue to carry out its work at locations in a COVID-19 Protection Framework Orange level.  Hearings will be conducted in person, by remote technology, or by a combination of both, as determined by the President or Judge presiding at the scheduled hearing.

    14. Documents may not be handed up to the Bench at in-person hearings, but must be emailed to the Court at courtofappeal@justice.govt.nz, or via the file and pay service, by 3:00 pm the day prior to the hearing.

    Hearings conducted at a location within a COVID-19 Protection Framework Red level

    15. The Court will continue to carry out its work at locations in a COVID-19 Protection Framework Red level. Hearings will be conducted by remote technology unless the President or Judge presiding directs otherwise. 

    16. Documents must be emailed to the Court at courtofappeal@justice.govt.nz, or via the file and pay service, by 3:00 pm the day prior to the hearing.

    Hearings conducted at a location subject to a COVID-19 lockdown

    17. Hearings scheduled to be conducted in a location subject to a COVID-19 lockdown will be conducted by remote technology only.

    18. Priority will be given to urgent hearings. Urgent hearings will be conducted in order of highest priority, determined by the President.

    19. Other hearings will proceed, subject to operational capability and the requirements of natural justice. Appeals involving oral evidence may not be suitable for remote hearing, without special arrangements.

    20. Documents must be emailed to the Court at courtofappeal@justice.govt.nz, or via the file and pay service, by 3:00 pm the day prior to the hearing.

    General

    21. Counsel are expected to assist the Court by briefing clients on the public health measures set out in this practice note.

    22. Courtrooms will be cleaned thoroughly on a daily basis. Hand sanitiser and antibacterial wipes will be available.

    23. Hearings will continue to be recorded where possible.

    24. Those who cannot file by email may file by post or in person at the Registry in Wellington, providing the requirements set out in [5] are followed.

    25. Filing fees remain payable in the usual way, including via file and pay

     

  • President Stephen Kós
    6 April 2020

    1.  Rule 8(1) of the Court of Appeal (Criminal) Rules 2001 requires a notice of appeal or application to be signed by an appellant personally.

    2.  This requirement is often impracticable under the current Level 4 state of emergency.

    3.  Pursuant to r 4(3) of the same Rules, I direct that until further notice the Court will accept for filing a notice of appeal or application signed by counsel, provided counsel:

    a)  certifies that personal execution by the appellant is presently impracticable;

    b)  certifies that the notice has been read by or to, and approved by, the appellant; and

    c)  undertakes that an original notice signed by the appellant will be filed as soon as practicable (and prior to any fixture being allocated).