Protocols for remote participation in court

On 20 March 2025, the New Zealand judiciary released protocols that provide guidance on the use of remote participation in the civil jurisdictions of the High Court and District Court, and in the Family Court, along with an accompanying guide to the objectives and principles that informed the development of the protocols. 

Remote participation refers to a proceeding in court where one or more participants takes part using audio-visual (AV) or audio technology (or the matter is decided on the papers), rather than appearing in person.

The Protocols for Remote Participation

The Protocols for Remote Participation provide guidance on when use of remote participation in court is likely to be appropriate. They include default settings for the use of remote participation in certain types of hearing. Providing default settings, and guidance about when a departure from those defaults is likely to be considered, will support a more consistent and predictable approach to the use of remote participation.  

Although the protocols establish default approaches, it is for the presiding judicial officer to decide whether to proceed in-person or remotely. This is because it is the duty of judicial officers to ensure procedural fairness and to ensure that every person who comes before the court, in whatever capacity, is seen, heard and understood.

A protocol on the use of remote participation in criminal hearings is in development.

Objectives and Principles for the Use of Remote Participation in Court Proceedings

In the Digital Strategy for Courts and Tribunals of Aotearoa New Zealand, published in 2023, the judiciary identified objectives and principles to guide all decisions about digital technology that is used in the court system. These objectives and principles underpin the Protocols for Remote Participation. A companion document to the protocols has been prepared that sets out the key objectives and principles from the Digital Strategy that guide judicial decision-making around remote participation in court proceedings.


Protocols

Objectives and principles for the use of remote participation in court proceedings

Media release - Public release of remote participation protocols and principles - 20 March 2025

 

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