Archived (Replaced) practice notes
Protocol 28 September 2020: COVID-19 Past Alert Level 1 (Past Level 2 in Auckland)
Protocol 7 September 2020: COVID-19 Past Alert Level 2
Past Protocol: COVID-19 Past Alert Level 1 (Past Level 2 in Auckland)
President Stephen Kós
28 September 2020
1. This practice note applies forthwith, following the commencement of COVID-19 Alert Level 1 in all parts of New Zealand other than Auckland. It replaces the practice notice issued on 7 September 2020.
Hearings
2. Hearings in the Court of Appeal will be conducted in the usual way, subject to the following provisions.
3. Counsel and parties may elect to participate in a hearing in Auckland by AVL (including VMR).
4. Counsel and parties in hearings in other centres may apply to participate by AVL. Particular consideration will be given to any health vulnerabilities of participants, the distance that would otherwise have to be travelled and the likely length and complexity of the hearing.
5. Members of the media covered by the In-Court Media Coverage Guidelines may apply to observe a hearing using VMR.
6. Notice of intention to participate by AVL under [3] – [5] above must be given at least five working days prior to the hearing.
7. The provisions of the Courts (Remote Participation) Act 2010 and the Supreme Court and Court of Appeal Remote Hearings Protocol will apply to any AVL hearings.
8. Hearings will continue to be recorded in the usual way.
Health and safety
9. Courtrooms continue to be cleaned thoroughly on a daily basis. Benches will be cleaned after each use. Hand sanitiser and antibacterial wipes will be available inside the courtroom.
10. Persons present in a courtroom in Auckland must continue to register their attendance either on a list maintained by the Registrar (or court taker, in the case of counsel) or by scanning the QR code. Persons attending the Court in Wellington and Christchurch are encouraged to do the same.
11. Persons present in a courtroom in Auckland should observe hygiene and social distancing requirements. They may elect to wear a face mask and gloves. Those attending the Court in Auckland should wear face masks in public areas and courtrooms, other than when required to speak in court.
12. Documents may not be handed up to the Bench in Auckland during Level 2 or above, but must be emailed to the Court by 4:00 pm the day prior to the hearing.
Filing
13. Documents from Auckland should be filed by email at courtofappeal@justice.govt.nz. Those who cannot file by email may file by post to the Registry in Wellington but, due to hygiene requirements, processing of these documents may be delayed. Filing fees remain payable in the usual way. Electronic payments may be made by contacting the Court Registry.
14. Special directions permitting execution by counsel of criminal applications and appeals continue to apply until further notice.
Protocol: COVID-19 Past Alert Level 2
7 September 2020: Protocol, COVID-19 Past Alert Level 2
Hearings
Health and safety
Filing of documents
Protocol: COVID-19 Past Alert Level 2
President Stephen Kós
7 September 2020
1. This practice note applies from Monday 7 September.
2. Courts are an essential service. At Alert Level 2, and subject to the restrictions noted below, the Court of Appeal will continue to carry out all usual scheduled work that can safely be supported. This requires the co-operation of all participants to ensure the Court functions fully, but safely, in the performance of its constitutional responsibilities.
Hearings
3. Hearings of the Court in courtrooms in Wellington (Court of Appeal), Auckland (at the High Court) and Christchurch (at the High Court) will be conducted in the usual way, subject to the provisions of this practice note. Participants may however elect instead to join oral hearings by approved audio‑visual or audio link during Level 2.
4. 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. It may be found on the Courts of New Zealand website.
5. Hearings will continue to be recorded in the usual way.
6. Documents may not be handed up to the Bench during Level 2 or above, but must be emailed to the Court by 4:00 pm the day prior to the hearing.
Health and safety
7. Courtrooms continue to be cleaned thoroughly on a daily basis. Benches will be cleaned after each use. Hand sanitiser and antibacterial wipes will be available inside the courtroom.
8. Persons present in a courtroom and courthouse must register their attendance either on a list maintained by the Registrar (or court taker, in the case of counsel) or by scanning the QR code.
9. Persons present in a courtroom and courthouse should observe hygiene and social distancing requirements. They may elect to wear a face mask and gloves. Those attending the Court in Auckland should wear face masks in public areas and courtrooms, other than when required to speak in court.
10. In the event of community transmission within a relevant 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.
Filing of documents
11. Court documents are to be filed by email at courtofappeal@justice.govt.nz.
12. Those who cannot file by email may file by post or file in person at the Registry, provided hygiene requirements are followed. Due to hygiene requirements, processing of these documents may be delayed significantly.
13. Special directions permitting execution by counsel of criminal applications and appeals continue to apply until further notice.
14. Filing fees remain payable in the usual way. Electronic payments may be made by contacting the Court Registry.