Archived Environment Court
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Chief Environment Court Judge David Kirkpatrick
Effective from 13 September 2022
This Practice Note applies to the Environment Court and its operations with COVID-19 in the community from 13 September 2022.
Courts are an essential service and the Environment Court will remain open despite the presence of COVID-19 in the community.
The Court appreciates the significant challenges that the pandemic presents to everyone. Counsel and representatives are encouraged to be proactive in their communications with the Court when required. For registry enquiries, contact details are set out below. Communication by email or telephone can also occur with the responsible Hearing Manager or Case Manager. Communications with the presiding judicial officer should be by memorandum.
Entry to Court Buildings
1. The following requirements apply to entry into court buildings and premises used for hearings/mediations/expert conferences:
a) A person may not enter if they are showing signs of illness;
b) A person who has tested positive for COVID-19 within the last 7 days may not enter.
2. Court Buildings remain open to the public, but for health and safety reasons there may be limits on the number of people who are not directly involved in proceedings who are permitted to be physically present in courtrooms and premises used for hearings/mediations/expert conferencing.
Masks
3. All persons entering court buildings may wear a surgical mask or a KN95 mask, and are encouraged to do so when moving around the court building (including courtrooms).[1] Masks will be provided at the entry to the court building for all those who do not have their own mask.
4. A surgical mask or KN95 mask must be worn by all persons present in a courtroom, or by specified persons in a courtroom, if the presiding judge so directs.
5. A surgical mask or KN95 mask must be worn by all persons present in a mediation or expert conference, or by specified persons in a mediation or expert conference, if the presiding commissioner so directs.
Hearings
6. Hearings will be conducted in person unless a judge directs otherwise (AVL or other hearing models may still be directed).
7. A party may seek a direction that a matter should be conducted with all participants appearing remotely.[2] A request for a matter to be conducted remotely should be made five working days in advance of a hearing.
8. A party may apply to participate in a hearing by remote technology.[3] A request for a participant to appear remotely should be made five working days in advance of a hearing.
9. The Protocol for Participation in Remote Hearings is available online.
Rapid Antigen Tests (RATS)
10. A participant who has any symptoms of COVID-19, however minor must take a RAT before attending a hearing/mediation/expert conference.
a. If they test negative, and the symptoms are very minor (e.g., a scratchy throat), they may attend but must wear a mask at all times.
b. If they test negative and the symptoms are more severe (e.g., runny nose, coughing) they must not attend court unless a judge so directs. If they are permitted to attend, they must wear a mask at all times.
c. If they test positive, they must not attend: see para 13 below.
11. The presiding judge/presiding commissioner may require that some or all participants (in a hearing/mediation/expert conference longer than one day) must take a RAT in the morning before attending, on such days as the judge/commissioner directs, if they are satisfied that it is reasonably necessary to do so in the interests of justice and to protect participants’ health and safety.
12. The Registry will advise counsel and parties of the arrangements for obtaining RATs from the court.
13. Subject to directions by the presiding judge, if a participant receives a positive COVID-19 test result, they must not attend a hearing/mediation/expert conference (and if present, must promptly leave). Whether and how the hearing/mediation/expert conference may be able to continue will be a matter for the presiding judge/commissioner to determine on a case-by-case basis.
14. If a participant is required to take a RAT, and declines to do so, the presiding judge/commissioner will determine whether and how the hearing/mediation/expert conference will proceed.
Mediation and expert conferences
15. Mediation and expert conferences may be conducted in person or by AVL or other remote means (as directed).
16. A party may seek a direction that a mediation / expert conference be conducted with all participants appearing remotely.[4] A request for a matter to be conducted remotely should be made five working days in advance of a mediation/expert conference.
17. A party may apply to participate in a mediation / expert conference by remote technology.[5] A request for a participant to appear remotely should be made five working days in advance of a mediation / expert conference.
Hygiene at hearings, mediations and expert conferences
18. Cleaning products will be available on site to enable staff and participants to keep their immediate areas clean (including AVL suites);
a) Hand sanitiser will be readily available;
b) Face masks will be readily available in court buildings;
c) RAT kits will be available in court buildings.
19. Any concerns about health and safety practices in the Court should be raised with the Registrar in the first instance.
Expectations of parties and representatives
20. Parties and representatives are expected to assist the Court by:
a. Seeking remote participation in appropriate cases.
b. Briefing clients and witnesses on public health messages, including:
i. Not to come to a courtroom or other hearing/mediation/conference venue if unwell.
ii. To advise their representatives as early as possible if they are unable to attend a courtroom or other hearing/mediation/conference venue
c. Reducing the need for attendance in the courtroom or other hearing/mediation/conference venue by representatives, their clients and witnesses by reviewing each attendance in advance and seeking remote participation for appropriate cases and witnesses. The Court may be able to accommodate witnesses giving evidence remotely where a good reason exists.
d. So far as possible, taking instructions and briefing witnesses outside the courthouse or other hearing/mediation/conference venue.
e. Endeavouring to reduce the number of witnesses via the use of agreed facts and issues.
f. Advising witnesses that they should not enter the courthouse until just prior to their scheduled attendance.
g. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately.
Access and remote viewing of hearings
21. Matters set down for hearing in the Environment Court are open to members of the public.
22. The Protocol for remote viewing of hearings governing media and public access to hearings is available online.
23. Participants should feel free to contact the Registrar of the Environment Court directly for further guidance or clarification.
Filing of documents
24. All filing of Court documents should be by email, or by File and Pay if possible. However, documents can also be filed by post and received over the counter in Environment Court registries.
25. The Court will not generally accept unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding. Practitioners may find it helpful to refer to guidance issued by the New Zealand Law Society.
26. There is no blanket waiver of the requirement to file hard copies of documents. Please contact the Court for further guidance or clarification.
Filing fees
27. The payment of fees can be made by direct debit or via the File & Pay link. Parties can also pay in person over the counter in the Environment Court Registries.
28. Fee waiver applications can be made as usual via email. Please contact the Court if you have any issues regarding the payment of fees.
Contact details
Addresses for electronic filing of documents
All electronic filing should be sent to the relevant case or hearing manager or the Court’s email address.
Contact details for Deputy Registrars
Wellington: Michael Tinkler 027 280 8135
Christchurch: Michael Tinkler 027 280 8135
Auckland: Gemma Carlyon 027 446 7193
[1] All references to KN95 masks include references to masks of an equivalent standard such as P2 masks.
[2] For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6.
[3] For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6.
[4] For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6.
[5] For relevant factors see the Courts (Remote Participation) Act 2010, ss 5 and 6.
Practice Note: Environment Court operations with COVID-19 in the community (PDF, 188 KB)
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Practice Note:
COVID-19: Protection Framework
Chief Environment Court Judge David Kirkpatrick
5 April 2022
This Practice Note applies to all regions under the COVID-19 Protection Framework from 5 April 2022.
Courts are an essential service and the Environment Court will remain open at all three levels (Red, Orange and Green) under the Protection Framework.
The court appreciates the significant challenges that the pandemic presents to everyone. Counsel and representatives are encouraged to be proactive in their communications with the court when required. For registry enquiries, contact details are set out below. Communication by email or telephone can also occur with the responsible Hearing Manager or Case Manager. Communications with the presiding judicial officer should be by memorandum.
All Alert Levels
For all regions under Traffic Light Red Orange or Green[1]
1. If a hearing, mediation or expert witness conference takes place in-person the following applies:
a. All those attending courthouse or other venues are to wear a surgical mask or KN95 (or equivalent) face mask in all public and working spaces (including representatives, parties, and witnesses). Attendees will be offered a surgical face mask if they do not already have one. A mask must be worn at all times, even when speaking, unless otherwise directed by the presiding Judge or Commissioner.
b. Safe distancing will be observed in the courthouse and other venues, and people present will be required to maintain social distancing. This may mean there will be capacity limits in some courtrooms and other venues. Hand sanitiser will be available for use in all courtrooms and other venues.
c. The Ministry of Justice will continue to take steps to ensure the safety of those coming into courthouses and other venues during this time, as described on its website https://www.justice.govt.nz/covid-19-information/
d. No person who is unwell should enter the courthouse or other hearing/conference/mediation premises.
2. All participants attending Court hearings, mediations, or expert witness conferences for half day or longer may be asked to take a Rapid Antigen Test (RAT) on each morning. The Registry will advise counsel and any party who is not legally represented of the arrangements for testing for their case. If participants are asked to take a RAT, and any participant declines to do so, the presiding Judge or Commissioner will determine whether and how the event will proceed. If any participant tests positive, the presiding Judge or Commissioner will determine on a case-by-case basis whether and how the event may be able to continue.
3. Access will be denied to anyone who is showing signs of illness or has a body temperature of 38 degrees or higher.
4. Access will be denied to anyone who has tested positive for COVID-19 and is required to isolate or is a household contact of a confirmed case of COVID-19.
Additional arrangements for all regions under Traffic Light Red
5. All new matters will continue to be referred to a Judge and will be prioritised in the usual way. Parties are reminded of the ability to apply for priority under [4.5] of the Environment Court Practice Note 2014. Any application should be supported by a full explanation as to why priority is sought.
Hearings
6. Hearings will be conducted to the extent possible by remote participation. In-person hearings may take place if the Judge decides that it is in the interests of justice to do so.
7. Some hearings already set down may need to be rescheduled and others will be dealt with on the papers or heard remotely, for example by Virtual Meeting Rooms (VMR).[2]
8. Notice of application to participate in person at hearings presumptively conducted by remote technology must be given at least five working days prior to the hearing.
9. Judges will assess all cases scheduled to take place during the continuation of traffic light red and discuss next steps with the parties, including advance registration of attendees and dealing with matters on the papers, by telephone or audio-visual link, or by adjournment. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants.
10. The Protocol for Participation in Remote Hearings is available here.
Mediation and expert conferences
11. Mediation and expert conferences will be conducted to the extent possible by remote participation. In-person mediation and expert conferences may take place if it is decided that it is in the interests of justice to do so.
12. Some mediations/conferences may need to be rescheduled and others conducted remotely, for example by VMR.
13. At the time a matter is ready for mediation/conferencing the Judge/Commissioner will determine any advance registration of attendees and whether the mediation/conference should proceed by telephone or audio-visual link, or be adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants.
Hygiene at hearings, mediations and expert conferences
14. Surgical masks, cleaning products and hand sanitiser will be available on site.
15. Any concerns about health and safety practices in the Court should be raised with the Registrar in the first instance.
Expectations of parties and representatives
16. Parties and representatives are expected to assist the Court by:
a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including advance registration of attendees and any arrangements for matters to proceed by telephone or audio-visual link, or be adjourned.
b. Briefing clients and witnesses on public health messages, including:
i. Not to come to a courtroom or other hearing/mediation/conference venue if unwell.
ii. Not to come to a courtroom or other hearing/mediation/conference venue if they have been in close contact with someone with COVID-19 or if they are required to be in self isolation/quarantine.
iii. To advise their representatives as early as possible if they are unable to attend a courtroom or other hearing/mediation/conference venue.
iv. The social distancing and masking expectations for the courtroom or other hearing/mediation/conference venue and precincts.
v. The limits on attendance by support persons and members of the public.
c. Reducing the need for attendance in the courtroom or other hearing/mediation/conference venue by representatives, their clients and witnesses by reviewing each attendance in advance and seeking remote participation for appropriate cases and witnesses. The Court may be able to accommodate witnesses giving evidence remotely where a good reason exists. This should be raised by counsel in the relevant directions conference.
d. So far as possible, taking instructions and briefing witnesses outside the courthouse or other hearing/mediation/conference venue.
e. Endeavouring to reduce the number of witnesses via the use of agreed facts and issues.
f. Advising witnesses that they should not enter the courthouse until just prior to their scheduled attendance.
g. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately.
Access
17. Matters set down for hearing in the Environment Court are closed to members of the public and restricted to parties, their representatives and witnesses (subject to any directions made by the presiding Judge or Commissioner).
18. Where the court is sitting in a non-Ministry of Justice site, access may be subject to additional safety measures the venue provider has in place for health and safety reasons.
19. The Protocol for remote viewing of hearings governing media and public access to hearings is available here.
20. Participants should feel free to contact the Registrar of the Environment Court directly for further guidance or clarification.
Filing of documents
21. All filing of Court documents should be by email, or by File and Pay, if possible here. However, documents can also be filed by post.
22. The Court will not generally accept unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding. Practitioners may find it helpful to refer to guidance issued by the New Zealand Law Society.
Filing fees
23. The payment of fees can be made by direct debit or via the File & Pay link . There is no ability to pay in person at the Court Registry.
24. Fee waiver applications can be made as usual via email. Please contact the Court if you have any issues regarding the payment of fees.
Regions under Traffic Light Orange
The following paragraphs apply to any regions at traffic light orange.
25. The Environment Court will continue to process all new and existing proceedings and remains open to hear matters, as appropriate.
26. All new matters will continue to be referred to a Judge and are prioritised in the usual way.
Hearings
27. Judges will consider whether a particular proceeding should be dealt with on the papers, by remote participation, or by hearing in person. Some hearings may need to be vacated and set down for a later date. At traffic light orange, the Judges will set down hearings in person where (1) alternative modes of hearing (for example, on the papers or via remote participation) cannot reasonably be accommodated; and (2) a hearing in person can be conducted safely; and (3) the Judge considers it appropriate to do
Mediation and expert conferences
28. At the time a matter is ready for mediation/conferencing the Judge/Commissioner will determine whether it should proceed in person, by telephone or audio-visual link, or be adjourned.
Hygiene at hearings, mediations and expert conferences
29. The Court will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time.
30. Any concerns about health and safety practices in the Court should be raised with the Registrar in the first instance.
Expectations of parties and representatives
31. Parties and representatives are expected to assist the Court by:
a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including advance registration of attendees and any arrangements for matters to proceed by telephone or audio-visual link, or be adjourned.
b. Briefing clients and witnesses on public health messages, including:
i. Not to come to a courtroom or other hearing/mediation/conference venue if unwell.
ii. Not to come to a courtroom or other hearing/mediation/conference venue if they have been in close contact with someone with COVID-19 or if they are required to be in self isolation/quarantine.
iii. To advise their representatives as early as possible if they are unable to attend a hearing or mediation or conference.
iv. The social distancing, masking expectations in the courthouse or other hearing/mediation/conference venue and precincts.
v. The limits on attendance by support persons and members of the public.
vi. Reducing the need for attendance in the courthouse or other hearing/mediation/conference venue by representatives, their clients and witnesses by reviewing each attendance in advance and seeking remote participation for appropriate cases and witnesses. The Court may be able to accommodate witnesses giving evidence remotely where a good reason exists. This should be raised by counsel in the relevant directions conference.
vii. So far as possible, taking instructions and briefing witnesses outside the courthouse or other hearing/mediation/conference venue.
viii. Endeavouring to reduce the number of witnesses via the use of agreed facts and issues.
ix. Advising witnesses that they should not enter the courthouse until just prior to their scheduled attendance.
x. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately.
Access
32. Matters set down for hearing in the Environment Court, and to which the public would otherwise have access, will continue to be publicly notified on the Court’s website.
33. Where the court is sitting in a non-Ministry of Justice site, access may be subject to additional safety measures the venue provider has in place for health and safety reasons.
34. Accredited news media will continue to be able to enter the Court or access proceedings remotely in order to report Court proceedings, and to ensure continued open and transparent justice.
35. Participants should feel free to contact the Registrar of the Environment Court directly for further guidance or clarification.
Filing of documents
36. All filing of Court documents should be by email, or by File and Pay, if possible . However, documents can also be filed by post and Environment Court Registries will be open to receive filing in person where that is necessary.
37. The Court will not generally accept unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding. Practitioners may find it helpful to refer to guidance issued by the New Zealand Law Society.
Filing fees
38. The payment of fees can be made by direct debit or via the File & Pay link . There is no ability to pay in person at the Court Registry.
Regions under Traffic Light Green
The following paragraphs apply to regions under traffic light green.
39. For regions under traffic light green the Environment Court operations will, in general, be as normal, subject to the requirements below.
40. The use of remote participation will remain available for use on application in appropriate cases
41. If parties, or other persons required or proposing to attend a hearing/mediation/conference are unwell, they should not attend. If this applies, the presiding Judge/Commissioner should be advised so that alternative arrangements for the appearance can be made.
Contact details
Addresses for electronic filing of documents
42. All electronic filing should be sent to the relevant case or hearing manager or the Court’s email address at environment.court@justice.govt.nz
Contact details for Deputy Registrars
Wellington: Michael Tinkler 027 280 8135 michael.tinkler@justice.govt.nz
Christchurch: Michael Tinkler 027 280 8135 michael.tinkler@justice.govt.nz
Auckland: Gemma Carlyon 027 446 7193 gemma.carlyon@justice.govt.nz
[1] Refer www.covid19.govt.nz for background on the ‘traffic light system’ (otherwise known as the COVID-19 Protection Framework.
[2] A web-based videoconferencing system supported by the Ministry of Justice and Spark.
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Practice Note:
COVID-19: Protection Framework
Chief Environment Court Judge David Kirkpatrick
14 February 2022
This Practice Note applies to all regions under the COVID-19 Protection Framework from 14 February 2022.
Courts are an essential service and the Environment Court will remain open at all three levels (Red, Orange and Green) under the Protection Framework.
The court appreciates the significant challenges that the pandemic presents to everyone. Counsel and representatives are encouraged to be proactive in their communications with the court when required. For registry enquiries, contact details are set out below. Communication by email or telephone can also occur with the responsible Hearing Manager or Case Manager. Communications with the presiding judicial officer should be by memorandum.
All Alert Levels
For all regions under Traffic Light Red Orange or Green[1]
1. Access to courthouses and other premises is at the Court’s discretion and limited to people who:
a. Show a vaccine pass; or
b. Provide evidence of a negative PCR test administered within 48 hours of attendance; or
c. Provide evidence of a negative Rapid Antigen Test administered within 24 hours of attendance.
2. If a representative, party or other participant does not meet the requirements for accessing a courthouse, they are to advise the Court at least 10 working days prior to the hearing so the means of participation can be considered and, if appropriate, arrangements will be made for remote participation.
3. If a hearing, mediation or expert witness conference takes place in-person the following applies:
a. All courthouses and other venues have posters displaying the applicable NZ COVID Tracer QR code and paper records in place at the entranceway for attendees to record their attendance. People attending at Court or other venues are required to use them.
b. All those attending courthouse or other venues are to wear face masks in all public and working spaces (including representatives, parties and witnesses). A mask must be an actual mask attached to the head by loops around the ears or head and cannot be a scarf, bandanna or t-shirt in accordance with government guidelines.[2] Attendees will be offered a face mask if they do not already have one. A mask must be worn at all times, even when speaking, unless otherwise directed by the presiding Judge or Commissioner.
c. Safe distancing will be observed in the courthouse and other venues, and people present will be required to maintain social distancing. This may mean there will be capacity limits in some courtrooms and other venues. Hand sanitiser will be available for use in all courtrooms and other venues.
d. The Ministry of Justice will continue to take steps to ensure the safety of those coming into courthouses and other venues during this time, as described on its website https://www.justice.govt.nz/covid-19-information/
e. No person who is unwell should enter the courthouse or other hearing/conference/mediation premises.
4. It remains possible that the Court will receive advice regarding one or more courthouses or other hearing/mediation/conference venues being a location of interest after it is visited by a COVID-19 positive person. In that event, the Court will rely on official advice. Steps may be taken to reduce in-person attendances to help protect those working or appearing there. The extent of any restriction will depend on the circumstances and official advice or notices.
Additional arrangements for all regions under Traffic Light Red
5. All new matters will continue to be referred to a Judge and will be prioritised in the usual way. Parties are reminded of the ability to apply for priority under [4.5] of the Environment Court Practice Note 2014. Any application should be supported by a full explanation as to why priority is sought.
Hearings
6. Hearings will be conducted to the extent possible by remote participation. In-person hearings may take place if the Judge decides that it is in the interests of justice to do so.
7. Most hearings will need to be rescheduled and others will be dealt with on the papers or heard remotely, for example by Virtual Meeting Rooms (VMR).[3]
8. Notice of application to participate in person at hearings presumptively conducted by remote technology must be given at least five working days prior to the hearing.
9. Judges will assess all cases scheduled to take place during the continuation of traffic light red and discuss next steps with the parties, including advance registration of attendees and dealing with matters on the papers, by telephone or audio-visual link, or by adjournment. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants.
10. The Protocol for Participation in Remote Hearings is available here
Mediation and expert conferences
11. Mediation and expert conferences will be conducted to the extent possible by remote participation. In-person mediation and expert conferences may take place if it is decided that it is in the interests of justice to do so.
12. Most mediations/conferences will need to be rescheduled and others conducted remotely, for example by VMR.
13. At the time a matter is ready for mediation/conferencing the Judge/Commissioner will determine any advance registration of attendees and whether the mediation/conference should proceed by telephone or audio-visual link, or be adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants.
Hygiene at hearings, mediations and expert conferences
14. The Court will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time.
15. Any concerns about health and safety practices in the Court should be raised with the Registrar in the first instance.
Expectations of parties and representatives
16. Parties and representatives are expected to assist the Court by:
a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including advance registration of attendees and any arrangements for matters to proceed by telephone or audio-visual link, or be adjourned.
b. Briefing clients and witnesses on public health messages, including:
i. Not to come to a courtroom or other hearing/mediation/conference venue if unwell.
ii. Not to come to a courtroom or other hearing/mediation/conference venue if they have been in close contact with someone with COVID-19 or if they are required to be in self isolation/quarantine.
iii. Not to come to a courtroom or other hearing/mediation/conference venue unless a current MyVaccine Pass is provided, or evidence of a negative PCR test administered within the 48 hours preceding entry, or evidence of a negative Rapid Antigen Test administered within the 24 hours preceding entry.
iv. To advise their representatives as early as possible if they are unable to attend a courtroom or other hearing/mediation/conference venue
v. The social distancing, masking and attendance recording expectations for the courtroom or other hearing/mediation/conference venue and precincts
vi. How exhibits will be handled in their case
vii.The limits on attendance by support persons and members of the public.
c. Reducing the need for attendance in the courtroom or other hearing/mediation/conference venue by representatives, their clients and witnesses by reviewing each attendance in advance and seeking remote participation for appropriate cases and witnesses. The Court may be able to accommodate witnesses giving evidence remotely where a good reason exists. This should be raised by counsel in the relevant directions conference.
d. So far as possible, taking instructions and briefing witnesses outside the courthouse or other hearing/mediation/conference venue.
e. Endeavouring to reduce the number of witnesses via the use of agreed facts and issues.
f. Advising witnesses that they should not enter the courthouse until just prior to their scheduled attendance.
g. Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately.
Access
17. Matters set down for hearing in the Environment Court are closed to members of the public and restricted to parties and their representatives.
18. The Protocol for remote viewing of hearings governing media and public access to hearings is available here
19. Participants should feel free to contact the Registrar of the Environment Court directly for further guidance or clarification.
Filing of documents
20 All filing of Court documents should be by email, or if possible by File and Pay, However, documents can also be filed by post.
21. The Court will not generally accept unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding. Practitioners may find it helpful to refer to guidance issued by the New Zealand Law Society.
Filing fees
22. The payment of fees can be made by direct debit or via the File & Pay link . There is no ability to pay in person at the Court Registry.
23. Fee waiver applications can be made as usual via email. Please contact the Court if you have any issues regarding the payment of fees.
Regions under Traffic Light Orange
The following paragraphs apply to any regions at traffic light orange.
24. The Environment Court will continue to process all new and existing proceedings and remains open to hear matters, as appropriate.
25. All new matters will continue to be referred to a Judge and are prioritised in the usual way.
Hearings
26. Judges will consider whether a particular proceeding should be dealt with on the papers, by remote participation, or by hearing in person. Some hearings may need to be vacated and set down for a later date. At traffic light orange, the Judges will set down hearings in person where (1) alternative modes of hearing (for example, on the papers or via remote participation) cannot reasonably be accommodated; and (2) a hearing in person can be conducted safely; and (3) the Judge considers it appropriate to do
Mediation and expert conferences
27. At the time a matter is ready for mediation/conferencing the Judge/Commissioner will determine whether it should proceed in person, by telephone or audio-visual link, or be adjourned.
Hygiene at hearings, mediations and expert conferences
28. The Court will not normally permit documents to be handed up. Documents that parties wish to produce should be scanned and shared by email at the appropriate time.
29. Any concerns about health and safety practices in the Court should be raised with the Registrar in the first instance.
Expectations of parties and representatives
30. Parties and representatives are expected to assist the Court by:
a. Ensuring attendance at any arranged judicial or facilitator teleconference for the purposes of making directions on matters including advance registration of attendees and any arrangements for matters to proceed by telephone or audio-visual link, or be adjourned.
b. Briefing clients and witnesses on public health messages, including:
i Not to come to a courtroom or other hearing/mediation/conference venue if unwell
ii Not to come to a courtroom or other hearing/mediation/conference venue if they have been in close contact with someone with COVID-19 or if they are required to be in self isolation/quarantine.
iii Not to come to a courtroom or other hearing/mediation/conference venue unless a current MyVaccine Pass is provided, or evidence of a negative PCR test administered within the 48 hours preceding entry, or evidence of a negative Rapid Antigen Test administered within the 24 hours preceding entry.
iv To advise their representatives as early as possible if they are unable to attend a hearing or mediation or conference
v The social distancing, masking and attendance recording expectations in the courthouse or other hearing/mediation/conference venue and precincts
vi How exhibits will be handled in their case
vii The limits on attendance by support persons and members of the public.
viii Reducing the need for attendance in the courthouse or other hearing/mediation/conference venue by representatives, their clients and witnesses by reviewing each attendance in advance and seeking remote participation for appropriate cases and witnesses. The Court may be able to accommodate witnesses giving evidence remotely where a good reason exists. This should be raised by counsel in the relevant directions conference.
viii. So far as possible, taking instructions and briefing witnesses outside the courthouse or other hearing/mediation/conference venue.
ix Endeavouring to reduce the number of witnesses via the use of agreed facts and issues.
x Advising witnesses that they should not enter the courthouse until just prior to their scheduled attendance.
xi Raising any deficiencies with cleaning, the availability of cleaning supplies or physical distancing with the site manager immediately.
Access
31. Matters set down for hearing in the Environment Court, and to which the public would otherwise have access, will continue to be publicly notified on the Court’s website.
32. Accredited news media will continue to be able to enter the Court or access proceedings remotely in order to report Court proceedings, and to ensure continued open and transparent justice.
33. Participants should feel free to contact the Registrar of the Environment Court directly for further guidance or clarification.
Filing of documents
34. All filing of Court documents should be by email, or by File and Pay, if possible. However, documents can also be filed by post and Environment Court Registries will be open to receive filing in person where that is necessary.
35. The Court will not generally accept unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding. Practitioners may find it helpful to refer to guidance issued by the New Zealand Law Society.
Filing fees
36. The payment of fees can be made by direct debit or via the File & Pay link. There is no ability to pay in person at the Court Registry.
Regions under Traffic Light Green
The following paragraphs apply to regions under traffic light green.
37. For regions under traffic light green the Environment Court operations will, in general, be as normal, subject to the requirements below.
38. The use of remote participation will remain available for use on application in appropriate cases
39. If parties, or other persons required or proposing to attend a hearing/mediation/conference are unwell, they should not attend. If this applies, the presiding Judge/Commissioner should be advised so that alternative arrangements for the appearance can be made.
Contact details
Addresses for electronic filing of documents
All electronic filing should be sent to the relevant case or hearing manager or the Court’s email address at environment.court@justice.govt.nz
Contact details for Deputy Registrars
Wellington: Michael Tinkler 027 280 8135 tinkler@justice.govt.nz
Christchurch: Michael Tinkler 027 280 8135 tinkler@justice.govt.nz
Auckland: Gemma Carlyon 027 446 7193 gemma.carlyon@justice.govt.nz
[1] Refer www.covid19.govt.nz for background on the ‘traffic light system’ (otherwise known as the COVID-19 Protection Framework.
[2] Refer to https://covid19.govt.nz/prepare-and-stay-safe/keep-up-healthy-habits/wear-a-face-mask/
[3] A web-based videoconferencing system supported by the Ministry of Justice and Spark.