Coroners Court: COVID-19 Past Alert Level 3 Protocol (Auckland region)

Chief Coroner Deborah Marshall
12 August 2020

Courts are an essential service.  Depending on the alert level in place in a particular area, the Coroners Court will carry out as much of its usual work as can be safely supported.  This requires the co-operation of all parties to ensure the courts function at the fullest extent they safely can in performance of their constitutional role.

Coroners are able to conduct most of their work “on the papers”; that is, without the need for a Court hearing.  The move to Alert Level 3 for the Auckland super city area, and Alert Level 2 for the rest of New Zealand, will not impact on coroners receiving new files, making directions on files and making written findings.

Coroners will identify those cases where an inquest is to be held and consider whether and, if so, how the inquest can be held safely.  This may involve some audio-visual link (“AVL”) component and restriction of numbers allowed in the courtroom.

All pre-inquest hearings can be conducted by teleconference or AVL.  Any applications for non-publication orders are generally conducted “on the papers”.

For inquests that proceed, the safety procedures set out below will operate.

If counsel, or other persons required or proposing to attend a hearing (for example, interested parties) 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 coroner should be advised in advance so that alternative arrangements for the appearance can be made.