Court of Appeal: Current COVID-19 Protocol

Contents

19 October 2020: Practice Note, COVID-19 Alert Level 1 and Alert Level 2
Level 1: Hearings conducted at a location within a COVID-19 Alert Level 1 area
Level 2: Hearings conducted at a location within a COVID-19 Alert Level 2 area
General

6 April 2020: Direction, Execution of notices of criminal appeal and application

Remote hearings

Protocols during past alert levels

 


Pratice Note: COVID-19 Alert Level 1 and Alert Level 2

President Stephen Kós
19 October 2020

1.  This practice note applies forthwith. It replaces the practice notice issued on 28 September 2020. It sets out practices to be applied where hearings are conducted at locations that are either within a COVID-19 Level 1 alert area or a COVID-19 Level 2 alert area.

2.  Hearings in the Court of Appeal will be conducted in the usual way, subject to the following provisions.

Hearings conducted at a location within a COVID-19 Alert Level 1 area

3.  Counsel and parties in hearings may apply to participate by AVL (including VMR). 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. 

4.  Persons attending the Court are encouraged to register their attendance by scanning the QR code.

Hearings conducted at a location within a COVID-19 Alert Level 2 area

5.  Counsel and parties may elect to participate in a hearing by AVL (including VMR).

6.  Persons present in a courtroom must register their attendance either on a list maintained by the Registrar (or court taker, in the case of counsel) or by scanning the QR code.

7.  Persons attending the Court must observe hygiene and social distancing requirements. They should wear face masks in public areas and courtrooms, other than when required to speak in court.

8.  Documents may not be handed up to the Bench, but must be emailed to the Court by 4:00 pm the day prior to the hearing.   

General

9.  Notice of intention to participate by AVL (as above) must be given at least five working days prior to the hearing.

10.The provisions of the Courts (Remote Participation) Act 2010 and the Supreme Court and Court of Appeal Remote Hearings Protocol will apply to any AVL hearings.

11.Members of the media covered by the In-Court Media Coverage Guidelines may apply to observe a hearing using VMR.

12.Hearings will continue to be recorded in the usual way.

13.Courtrooms will be cleaned thoroughly on a daily basis.  Benches will be cleaned after each use.  Hand sanitiser and antibacterial wipes will be available inside the courtroom.

14.Documents should be filed by email at courtofappeal@justice.govt.nz. Those who cannot file by email may file by post to the Registry in Wellington but, due to hygiene requirements, processing of documents sent from locations within a Level 2 alert area may be delayed.

15.Special directions permitting execution by counsel of criminal applications and appeals continue to apply until further notice.

 


Direction: Execution of notices of criminal appeal and application

President Stephen Kós
6 April 2020

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

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

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

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

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

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

 


Remote hearings

The Supreme Court and Court of Appeal have issued a protocol for conducting remote hearings.

This contains procedural instructions and technical information for counsel, parties, witnesses, media, and other observers who will be remotely participating in hearings in these Courts.

The Protocol also contains instructions for people who wish to attend a hearing in person.  Please refer to these instructions if you are unsure whether you are able to attend in person.

 


Protocols during past alert levels

The information on this page reflects the current COVID-19 alert levels.  For Court of Appeal protocols during past alert levels, please refer to:

Protocol during Alert Level 1 (Alert Level 2 in Auckland) issued 28 September 2020
Protocol during Alert Level 2 issued 7 September 2020
Protocol during Alert Level 3 (August 2020, Auckland region)
Protocol during Alert Level 1
Protocol during Alert Level 2 (May-June 2020)
Protocol during Alert Level 3 (April-May 2020)
Protocol during Alert Level 4