Archived Protection Framework Protocols
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Practice Note: COVID-19: Protection Framework
President Stephen Kós
17 December 2021
1. This practice note applies forthwith. It sets out practices to be applied where hearings are conducted in this Court at locations that are within a COVID-19 Protection Framework Red, Orange or Green level.
2. Persons entering the Court of Appeal can proceed on the basis that all Court of Appeal Judges and all Court of Appeal staff they may come into contact with are fully vaccinated.
3. The following directions are made to assure the safety of staff, counsel, other participants and observers.
Courthouse entry
4. Anyone seeking to enter the Courthouse must present a My Vaccine pass or provide acceptable evidence of a negative COVID-19 test administered within 72 hours prior to entry to the Court. Alternative options may be directed should a hearing location enter the COVID-19 Protection Framework Green level.
5. Counsel, parties or other persons who are unable to meet the requirements set out in paragraph 4 above may participate in or observe a hearing by approved remote technology, subject to compliance with paragraphs 9 and 10 below.
6. Counsel or self-represented parties who are able to meet the requirements set out in paragraph 4 above, but do not wish to participate in a hearing in person, may apply to the Court to participate by approved remote technology.
7. Anyone entering the Courthouse must register their attendance by scanning the QR code or by entering their details on a list maintained by the Registrar (or court taker, in the case of counsel).
8. No person who is unwell should enter the Courthouse at any time. Access will be denied to any person who is showing signs of illness, has had close contact with a suspected, probable or confirmed case of COVID-19, or is required to be in quarantine or self-isolation. If any of these criteria apply, the person concerned should not seek to the enter the Courthouse.
Use of remote technology
9. A request by counsel or a self-represented party to participate in a hearing by remote technology must be made at least five working days prior to the hearing. The Protocol for Participation in Remote Hearings will apply to any hearings involving remote participants.
10. A request to observe a hearing by remote technology must be made before 1:00 pm on the working day before the hearing. The Protocol for Remote Viewing of Hearings governs media and public access to observe hearings.
Hearings conducted at a location within a COVID-19 Protection Framework Green level
11. Hearings at a location in a COVID-19 Protection Framework Green level will be conducted in person, subject to the provisions set out in paragraphs 4-6 above.
Hearings conducted at a location within a COVID-19 Protection Framework Red or Orange level
12. At a location in a COVID-19 Protection Framework Red or Orange level , the Court will continue to carry out its work, with hearings conducted in person (subject to the provisions set out in paragraphs 4–6 above), by remote technology or by a combination of both, as determined by the President or Judge presiding at the scheduled hearing.
13. Documents may not be handed up to the Bench, but must be emailed to the Court at courtofappeal@justice.govt.nz, or via the file and pay service, by 4:00 pm the day prior to the hearing.
Hearings conducted at a COVID-19 lockdown level
14. Hearings scheduled to be conducted in a location subject to a COVID-19 lockdown will be conducted by approved remote technology only.
15. Priority will be given to urgent hearings. Urgent hearings will be conducted in order of highest priority, determined by the President.
16. Other hearings will proceed, subject to operational capability and the requirements of natural justice. Appeals involving oral evidence may not be suitable for remote hearing, without special arrangements.
17. Documents may not be handed up to the Bench, but must be emailed to the Court at courtofappeal@justice.govt.nz, or via the file and pay service, by 4:00 pm the day prior to the hearing.
Health and safety
18. Persons present in the Courthouse must observe social distancing requirements. This may result in limits to the number of people permitted to enter the Courthouse.
19. At Red and Orange levels, persons present in the Courthouse must wear a face mask in public areas and courtrooms, other than when required to speak in Court. At Green level, wearing a face mask in public areas and courtrooms is encouraged.
20. Counsel are expected to assist the Court by briefing clients on the public health measures referred to at paragraphs 4–8 and 18–19 above.
21. Courtrooms will be cleaned thoroughly on a daily basis. Hand sanitiser and antibacterial wipes will be available.
General
22. Hearings will continue to be recorded where possible.
23. Those who cannot file by email may file by post or in person at the Registry in Wellington, providing the entry requirements at paragraph 4 above are followed.
24. Filing fees remain payable in the usual way
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President Stephen Kós
6 December 2021
1. This practice note applies forthwith, and until further notice.
2. Hearings in this Court at locations within a COVID-19 Protection Framework Orange zone will be conducted according to the Alert Level 2 practices set out in this Court’s practice Note of 23 August 2021 (see below).
3. Hearings in this Court at locations within a COVID-19 Protection Framework Red zone will be conducted according to the Alert Level 3 practices set out in this Court’s practice Note of 23 August 2021 (see below).
Practice Note: COVID-19: All Alert Levels
President Stephen Kós
23 August 2021
1. This practice note applies forthwith. It sets out practices to be applied where hearings are conducted at locations that are either within a COVID-19 Alert Level 1, Level 2, Level 3, or Level 4 area.
Level 1: Hearings conducted at a location within a COVID-19 Alert Level 1 area
2. Hearings will be conducted in the usual way, subject to the following provisions.
3. Counsel and parties in hearings may apply to participate by approved audio-visual link. 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.
4. Notice of application to participate by audio-visual link (as above) must be given at least five working days prior to the hearing.
5. Persons attending the Court are encouraged to register their attendance by scanning the QR code.
Level 2: Hearings conducted at a location within a COVID-19 Alert Level 2 area
6. Hearings will be conducted in the usual way, subject to the following provisions.
7. Counsel and parties may elect to participate in a hearing by approved audio-visual link.
8. Notice of election to participate by audio-visual link (as above) must be given at least five working days prior to the hearing.
9. Persons attending the Court must register their attendance by scanning the QR code, or by entering their details on a list maintained by the Registrar (or court taker, in the case of counsel).
10. Persons attending the Court must observe hygiene and social distancing requirements. They should wear face masks in public areas and courtrooms, other than when required to speak in court.
11. Documents may not be handed up to the Bench, but must be emailed to the Court by 4:00 pm the day prior to the hearing.
Level 3: Hearings conducted at a location within a COVID-19 Alert Level 3 area
12. Hearings will be conducted by approved audio-visual or audio link only until return to Level 2 or below.
13. Hearings will proceed, subject to operational capability and the requirements of natural justice. 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 with existing fixtures for such appeals should confer, and then consult the Court’s Judicial Resources Manager.
14. Documents must be filed by email at courtofappeal@justice.govt.nz or via file and pay service.
Level 4: Hearings conducted at a location within a COVID-19 Alert Level 4 area
15. Hearings will be conducted by approved audio-visual or audio link only until return to Level 2 or below.
16. Priority will be given to urgent hearings. Urgent hearings will be conducted in order of highest priority, determined by the President of the Court.
17. Other hearings will however proceed, subject to operational capability and the requirements of natural justice. 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 with existing fixtures for such appeals should confer, and then consult the Court’s Judicial Resources Manager.
18. Documents must be filed by email at courtofappeal@justice.govt.nz or via file and pay service.
General
19. The Protocol for Remote Participation in Virtual Hearings will apply to any hearings involving remote participants.
20. The Protocol for Remote Viewings of Hearings governs media and public access to hearings.
21. Hearings will continue to be recorded where possible.
22. Courtrooms will be cleaned thoroughly on a daily basis. Hand sanitiser and antibacterial wipes will be available inside the courtroom.
23. Those who cannot file by email may file by post or in person at the Registry in Wellington, provided hygiene requirements are followed. Due to hygiene requirements, processing of documents sent from locations within a Level 2 or above alert area may be delayed.
24. Filing fees remain payable in the usual way, including via file and pay service.