High Court: Past Alert Level 1 COVID-19 Protocol

Remote Hearings Protocol
Remote participation by witnesses in criminal hearings
10 June 2020: Protocol, COVID-19 Past Alert Level 1

Remote Hearings Protocol

The High Court has 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 this Court.

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.

Remote participation by witnesses in criminal hearings

The High Court has issued guidelines for remote participation by witnesses in criminal hearings.

These guidelines outline practical considerations for judges and participants when considering and determining whether witnesses can, and if so, should, give evidence remotely in criminal trials.

Protocol: COVID-19 Past Alert Level 1

Chief High Court Judge Susan Thomas
10 June 2020

1. At Alert Level 1, the High Court will carry out all its usual scheduled work both from the home and circuit registries.

2. Criminal and civil proceedings will, in general, return to normal operations.

3. The use of remote participation will remain available for use on application in appropriate cases, such as purely procedural calls or circuit work not involving witnesses.

Criminal jurisdiction

4. Criminal jury trials will resume from the week starting 3 August 2020.

5. Where defendants in custody are required to attend a hearing, they will appear in person unless directed to appear by AVL.

Civil jurisdiction

6. Upon the revocation/expiry of the notice under s 5 of the Epidemic Preparedness Act 2006, some of the amendments made to the High Court Rules 2016 by the High Court (COVID-19 Preparedness) Amendment Rules 2020 will no longer operate. It will also mean that s 24 of the Epidemic Preparedness Act will no longer be available to be used to modify rules of court. The power to extend statutory time periods set out in cl 1 of sch 2 of that Act may continue, however (see s 27).

7. As a consequence as from the effective date of that revocation/expiry, the emergency provisions, such as those in relation to methods of service, swearing of affidavits, and participation in hearings and at trials will no longer operate. The High Court Rules will generally resume in full force and effect.

8. The ability to file documents electronically, and to pay filing fees by remote means under r 5.1B continues to apply, however.

Health and safety

9. If counsel, or other persons required or proposing to attend a hearing (for example, a party) are unwell, they should not attend Court. If this applies, the presiding judge should be advised so that alternative arrangements for the appearance can be made.

10. The Ministry of Justice will provide the hygiene measures described on their website.

11. Any concerns about health and safety practices in the Court should be raised with the Court Manager in the first instance.