High Court: COVID-19 Past Alert Level 3 Protocol
Chief High Court Judge Geoffrey Venning
23 April 2020
1. At Alert Level 3 the High Court will operate with a full complement of those Judges, Associates and Clerks who can work safely, but only from the three home registries or from home. Circuit business will be conducted to the extent possible by remote participation including (where available), Microsoft Teams, virtual hearing, AVL or telephone from the home registries.
2. There will be no criminal jury trials commencing before 3 August. The Court will continue to deal with other criminal work including first appearances, bail applications and appeals, conviction and sentence appeals, case review hearings, sentence indications, pre-trial matters and sentencings.
3. Substantive civil fixtures involving witnesses with a hearing date prior to 25 May will not be required to proceed. However, the Court will hear civil cases (including cases with witnesses if counsel agree they are ready and able to proceed) prior to that date.
4. Cases involving witnesses will generally be conducted using remote means of participation, with the court-taker, counsel and Judge normally being in the courtroom. Trial judges will decide on a case by case basis whether individual witnesses are required to attend court to give evidence. Counsel who had a case scheduled for hearing prior to 25 May and who wish to nominate their case to be heard in this way should confer to ensure this can be done and then advise the Registry accordingly. Counsel should advise the court of any witnesses whose evidence they consider ought to be taken in the courtroom.
5. Apart from the above restrictions, the Court will conduct as much of its usual civil business as can be safely supported, including habeas corpus, civil appeals, judicial review, summary judgments, caveats, interlocutory applications, injunctions, and originating applications. Participation will generally be by remote means. Judges will not necessarily be in the courtroom.
6. The Court will also convene list courts including for bankruptcy and liquidation matters.
7. Applications for probates will be accepted and processed. General Registrar and Sheriff work will be carried out.
8. Documents may be filed electronically or by post or courier. The address is below. Filing Fees will be payable. The High Court Rules have been amended to provide for payment by alternative means at the Registrar’s discretion, including by credit card. Electronic bundles of authorities or casebooks should be filed by USB stick via courier to the registrar as these cannot be filed by email without breaking hyperlinks.
9. The Court will modify its procedures in the following ways:
a) 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 immediately;
b) Judges will continue to review cases they are scheduled to hear (not involving witnesses) to determine if they can appropriately be heard by telephone link or other remote means. The hearing will be recorded;
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) The High Court (COVID-19 Preparedness) Amendment Rules enable the Court to deal with unexecuted documents including affidavits;
e) Where counsel or parties or witnesses are required to attend court the hearings will be held in larger courtrooms to provide more physical distancing;
f) In list courts where physical appearances are required the Courts will operate on a case by case call basis. Parties will be required to wait outside the courtroom until their case is called;
g) Witnesses required to attend Court should not enter the courthouse until just prior to their scheduled attendance. Physical distancing is to be maintained at all times. They should bring their own religious text if they wish to take an oath;
h) Sentencing hearings will be dealt with by AVL to avoid the unnecessary movement of prisoners. The number of victims, supporters and members of the public will need to be limited to maintain physical distancing and good order.
i) Judges and counsel will consider whether defendants in criminal procedural matters ought to be excused from attendance or (where necessary) attend by AVL;
j) Court sites will be thoroughly cleaned daily. Cleaning will be monitored by site managers. Each courtroom will be cleaned after each use. PPE will be available for staff and security. Counsel and participants may use their own PPE.
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