High Court: COVID-19 Past Alert Level 2 Protocol
Protocol: COVID-19 Past Alert Level 1, (rest of the country) September 2020
Protocol: COVID-19 Past Alert Level 2, (Auckland region) September 2020
Protocol: COIVD-19 Past Alert Level 2, August 2020
Protocol: COVID-19 Past Alert Level 1
Hon Justice S E Thomas
Chief High Court Judge – Te Kaiwhakawā Matua
24 September 2020
This protocol comes into effect at 11:59 pm on Sunday 27 September.
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 subject to the terms of the orders made under the COVID-19 Public Health Response Act 2020.
3. Criminal jury trials will proceed as usual. In relation to other criminal hearings, where defendants in custody are required to attend a hearing, they will appear in person unless directed to appear by AVL or audio link (see ss 8, 8A and 9 of the Courts (Remote Participation) Act 2010).
4. All civil proceedings will proceed as normal. There are modifications that have been made to the High Court Rules 2016 by the High Court (COVID-19 Preparedness) Amendment Rules 2020 that address matters such as electronic filing, methods of service, swearing of affidavits, and alternative means of participating in hearings (see also s 7A of the Courts (Remote Participation) Act). Some of these amendments only remain in effect while the notice under s 5 of the Epidemic Preparedness Act 2006 is in force, although it is anticipated that such a notice will remain in effect during Alert Level 1.
5. 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.
6. The Court precincts will be open to the public. Physical distancing and the wearing of masks is encouraged.
7. The Ministry of Justice will provide the hygiene measures described on their website.
8. Any concerns about health and safety practices in the Court should be raised with the Court Manager in the first instance.
________________________________________________________________________________________________________________
Protocol: COVID-19 Past Alert Level 2
Hon Justice S E Thomas
Chief High Court Judge – Te Kaiwhakawā Matua
24 September 2020
This protocol comes into effect at 11.59pm on Sunday 27 September for areas at alert level 2. [1]
1. Courts are an essential service. For regions at Alert Level 2, and subject to the restrictions noted below, the High Court will carry out all its usual scheduled work both from the home and circuit registries that can be safely supported. This requires the co-operation of all parties to ensure the courts function to the fullest extent they safely can in performance of their constitutional role.
2. The restriction is if counsel, or other persons required or proposing to attend a hearing (for example, a party) are at higher risk of severe illness, immune-compromised or with a relevant underlying health condition, they should not attend Court. If this applies, the presiding judge should be advised so that the situation can be addressed.
3. The Court will continue with the following measures:
(a) Circuit work not involving witnesses may be conducted remotely by Microsoft Teams, VMR, AVL or telephone hearings;
(b) Where appropriate, matters will be dealt with on the papers or by a direct telephone conference with counsel / parties to avoid the need for unnecessary in person attendances at Court;
(c) Sentencing hearings will continue to take place in person, although applications to appear via AVL will be considered in appropriate cases. The number of support persons and victims attending in person will be limited by the judge;
(d) Judges and counsel will consider whether defendants in criminal procedural matters ought to be excused from attendance or (where necessary) attend by AVL;
(e) Documents may be filed electronically or by post or courier. Address details are contained below. Filing fees will be payable. Rule 5.1B(2) of the High Court Rules 2016 provides for payment of filing fees by alternative means, including at the Registrar’s discretion, credit card, electronic banking or solicitor’s undertaking.
Health and safety
4. Where counsel, parties and/or witnesses are required to attend court the hearings will be held in courtrooms that enable physical distancing of at least one metre.
5. Parties should wait outside the courtroom until their matter is scheduled and vacate the courtroom once their hearing has concluded.
6. In list courts where physical appearances are required the Courts will operate on a case by case call basis. Parties may be required to wait outside the courtroom until their case is called.
7. Witnesses required to attend court should not enter the courthouse until just prior to their scheduled attendance and may bring their own religious text for taking the oath. Gloves will be provided for those who wish to use the court bible, which will continue to be available.
8. So far as possible, counsel should take instructions and brief witnesses outside the courthouse, to minimise demand on interview rooms. Larger rooms will be made available as far as practicable for interviews, and counsel may request breaks to take instructions safely using those facilities.
9. Members of the public (including a whānau support person or persons for a defendant) whose presence is not required at court will not be permitted to enter unless granted permission from the presiding judge. Such permission should be sought in the first instance by email to the registrar in advance (If granted this must be supplied to the court security officer at the front entrance), or alternatively, on the day of the hearing by requesting a court security officer at the front entrance to convey an application via the registrar to the presiding judge. All applications will need to give the reason or reasons why permission is sought and will be determined on a case by case basis. Entry will be denied to any person who is unwell, experiencing COVID-19 symptoms, or required to be in either quarantine or self-isolation.
10. The following hygiene practices can be expected:
(a) Those working in the courtroom, including counsel and security staff, are required to maintain 1 metre physical distancing, and alternate seats in public galleries will be taped off.
(b) Cleaning products are available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites).
(c) Face masks should be worn other than when being required to speak in court. Gloves may be worn.
(d) Hand sanitiser will be readily available within the courtroom.
(e) All those attending court should wear a mask in public areas and courtrooms.
(f) Counsel, defendants, parties and witnesses may be required to remove masks when speaking.
(g) Gloves may be worn.
11. Any concerns about health and safety practices in the Court should be raised with the Court manager in the first instance.
12. Accredited news media will continue to 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.
13. In the event of community transmission within a courthouse catchment area, public health advice will be taken and further directions given. Steps may be taken to reduce in-person attendances at the court to help protect those working or appearing there.
Expectations of counsel
14. Counsel are expected to assist the court by:
(a) Briefing clients and witnesses on public health measures including:
(i) Not to come to court if unwell.
(ii) To advise counsel as early as possible if they are unable to attend court.
(iii) Physical distancing expectations in the courthouse and precincts.
(iv) How exhibits will be handled in their case.
(v) What they may expect by way of PPE and hygiene supplies in the courthouse.
(vi) The limits on attendance by support persons and members of the public.
(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.
(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, 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 on the Courts of New Zealand website;
(d) Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately.
Addresses for filing electronically and by mail
All electronic filing is to be to the following addresses:
Auckland High Court: aucklandhc@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, these emails are also the addresses to use.
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] Whilst the Auckland region is moving to level 2 at midnight on Wednesday 23 September, the level 2.5 protocol will remain in effect in the Auckland High Court region for the remainder of the week.
__________________________________________________________________________________________________________________
Protocol: COVID-19 Past Alert Level 2
Hon Justice S E Thomas
Chief High Court Judge – Te Kaiwhakawā Matua
31 August 2020
1. Courts are an essential service. For regions at Alert Level 2, and subject to the restrictions noted below, the High Court will carry out all its usual scheduled work both from the home and circuit registries that can be safely supported. This requires the co-operation of all parties to ensure the courts function to the fullest extent they safely can in performance of their constitutional role.
2. The restrictions are:
(a) A decision on whether to resume jury trials in the Auckland High Court from Monday 7 September will be taken on Thursday 3 September 2020.
(b) All scheduled jury trials are being reviewed and where practicable the necessary public safety measures which apply at Alert Level 2 will be put in place. Advice will be provided with respect to upcoming criminal jury trials.
(c) Upcoming civil fixtures including those involving witnesses will, where possible, proceed as scheduled.
(d) If counsel, or other persons required or proposing to attend a hearing (for example, a party) are at higher risk of severe illness, immune-compromised or with a relevant underlying health condition, they should not attend court. If this applies, the presiding judge should be advised so that the situation can be addressed.
3. The Court will modify its procedures in the following ways:
(a) List Judges and Registry Judicial Resource Managers will review cases scheduled within the circuit to determine how they can appropriately be heard, whether in person or by the Judge sitting in court with counsel joining remotely by Microsoft Teams, VMR, AVL or telephone. The hearing will be recorded;
(b) Circuit work not involving witnesses will generally be conducted remotely by Microsoft Teams, VMR, AVL or telephone hearings;
(c) List Judges will review files and deal with as many as they can on the papers or by a direct telephone conference with counsel/parties to avoid the need for unnecessary in person attendances at court;
(d) Sentencing hearings will continue to take place in person, although applications to appear via AVL will be considered in appropriate cases. The number of support persons and victims attending in person will be limited by the judge;
(e) Judges and counsel will consider whether defendants in criminal procedural matters ought to be excused from attendance or (where necessary) attend by AVL;
(f) Documents may be filed electronically or by post or courier. Address details are contained below. Filing fees will be payable. Rule 5.1B(2) of the High Court Rules 2016 provides for payment of filing fees by alternative means, including at the Registrar’s discretion, credit card, electronic banking or solicitor’s undertaking.
Health and safety
4. Where counsel, parties and/or witnesses are required to attend court the hearings will be held in courtrooms that enable physical distancing of at least one metre.
5. Parties should wait outside the courtroom until their matter is scheduled and vacate the courtroom once their hearing has concluded.
6. In list courts where physical appearances are required the Courts will operate on a case by case call basis. Parties may be required to wait outside the courtroom until their case is called.
7. Witnesses required to attend court should not enter the courthouse until just prior to their scheduled attendance and may bring their own religious text for taking the oath. Gloves will be provided for those who wish to use the court bible, which will continue to be available.
8. So far as possible, counsel should take instructions and brief witnesses outside the courthouse, to minimise demand on interview rooms. Larger rooms will be made available as far as practicable for interviews, and counsel may request breaks to take instructions safely using those facilities.
9. Members of the public (including a whānau support person or persons for a defendant) whose presence is not required at court will not be permitted to enter unless granted permission from the presiding judge. Such permission should be sought in the first instance by email to the registrar in advance (If granted this must be supplied to the court security officer at the front entrance), or alternatively, on the day of the hearing by requesting a court security officer at the front entrance to convey an application via the registrar to the presiding judge. All applications will need to give the reason or reasons why permission is sought and will be determined on a case by case basis. Entry will be denied to any person who is unwell, experiencing COVID-19 symptoms, or required to be in either quarantine or self-isolation.
10. The following hygiene practices can be expected:
(a) Those working in the courtroom, including counsel and security staff, are required to maintain 1 metre physical distancing, and alternate seats in public galleries will be taped off.
(b) Cleaning products are available on site to enable staff and lawyers to keep their immediate areas clean (including AVL suites).
(c) Face masks should be worn other than when being required to speak in court. Gloves may be worn.
(d) Hand sanitiser will be readily available within the courtroom.
(e) All those attending court are encouraged to wear face masks in public areas and courtrooms.
(f) Jurors are encouraged to wear face masks at all times.
(g) Gloves may be worn.
11. Additional provisions for the Auckland area:
(a) Face masks should be worn in all public areas and courtrooms.
(b) Face masks should be worn by jurors at all times.
(c) Counsel, defendants, parties and witnesses may be required to remove face masks when speaking.
12. Any concerns about health and safety practices in the Court should be raised with the Court manager in the first instance.
13. Accredited news media will continue to 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.
14. In the event of community transmission within a courthouse catchment area, public health advice will be taken and further directions given. Steps may be taken to reduce in-person attendances at the court to help protect those working or appearing there.
Expectations of counsel
15. Counsel are expected to assist the court by:
(a) Briefing clients and witnesses on public health measures including:
(i) Not to come to court if unwell.
(ii) To advise counsel as early as possible if they are unable to attend court.
(iii) Physical distancing expectations in the courthouse and precincts.
(iv) How exhibits will be handled in their case.
(v) What they may expect by way of PPE and hygiene supplies in the courthouse.
(vi) The limits on attendance by support persons and members of the public.
(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.
(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, 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 on the Courts of New Zealand website;
(d) Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately.
Addresses for filing electronically and by mail
All electronic filing is to be to the following addresses:
Auckland High Court: aucklandhc@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, these emails are also the addresses to use.
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