Court of Appeal: COVID-19 Past Alert Level 3 Protocol

Remote Hearings Protocol
23 April 2020: Practice note, COVID-19 Past Alert Level 3
6 April 2020: Direction, Execution of notices of criminal appeal and application

Remote Hearings Protocol

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 while travel restrictions are in force. Seats in these Courts are being reserved only for those whose attendance in person has been arranged before each hearing. Please refer to these instructions if you are unsure whether you are able to attend in person.

Practice note: COVID-19 Past Alert Level 3

President Stephen Kós
23 April 2020

1. This practice note applies with effect from 28 April 2020, and for the currency of the COVID-19 Alert Level 3. It replaces the practice notice issued on 23 March 2020.

2. The Court of Appeal resumed hearing all appeals on 20 April 2020. (Prior to that date only urgent hearings were conducted.)

3. Urgent hearings continue to have priority. These are:

(1) hearings concerning the liberty of the individual (e.g. bail applications and appeals, habeas corpus appeals, conviction appeals, short sentence appeals, and matters arising under public and mental health legislation); and

(2) other appeals the resolution of which is time-critical (e.g. family violence and care and protection matters, pre-trial appeals where trials are proceeding, injunctions and urgent judicial reviews).

Form of hearings

4. During Level 3, participants may elect to join oral hearings (1) in person in a courtroom, or (2) by approved audio-visual link.

5. Judges will participate (1) in person in a courtroom, or (2) (in some instances) by audio-visual link.

6. The Supreme Court and Court of Appeal Remote Hearings Protocol will apply to any hearings involving remote participants. That protocol also governs media and public access to hearings.

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

8. Appeals involving viva voce evidence, a very large number of documents or hearing time in excess of one day may not be suitable for remote hearing, without special arrangements. Counsel seeking fixtures for such appeals should confer, and then consult the Court’s Judicial Resources Manager.

9. The President or Judge presiding may direct that an appeal be heard in person in a courtroom in the usual manner, either in whole or in part, if suitable remote hearing technology is not available. In making that order, consideration will be given to whether any participant is vulnerable or at risk for the purposes of the Level 3 Alert.

10. Any participant present in a courtroom must observe required hygiene and social distancing requirements. They may elect to wear a mask, and gloves. Courtrooms will be thoroughly cleaned daily, and benches will be cleaned after each use. Hand sanitiser and antibacterial wipes will be available inside the courtroom.

Filing of documents

11. During Level 3, all court documents are to be filed by email, at the following address: courtofappeal@justice.govt.nz. Documents may not be filed in person at the Registry.

12. Those who cannot file by email, may file by post. Due to hygiene requirements, processing of these documents may be delayed significantly.

13. Special directions were given for execution of criminal applications and appeals, by counsel, on 6 April 2020.

Filing fees

14. The payment of filing fees may be postponed until the earlier of the cessation of Level 3 or the hearing being set down.

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).