Archived Supreme Court
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Chief Justice Helen Winkelmann
Effective from 13 September 2022
INTRODUCTION1. Courts are an essential service. The Supreme Court will remain open despite the presence of COVID-19 in the community, to ensure access to justice.
2. This protocol sets out a framework for ensuring that everyone who needs to participate in proceedings is able to do so. The primary considerations that underpin this protocol, and decisions under it, are the interests of justice and the protection of the health and safety of everyone in the Supreme Court building.
3. This protocol applies subject to any directions given by a judge in a particular case. A judge may direct that all or some of the requirements set out in this protocol do not apply in a particular case if the judge is satisfied that it is in the interests of justice to do so.
ENTRY TO COURT BUILDINGS
4. The following requirements apply to entry into the Supreme Court building:
a) A person may not enter the Supreme Court building 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 the Supreme Court building.
5. The Supreme Court building remains open to the public during office hours, 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 the Supreme Court courtroom and Supreme Court building.
MASKS
6. All persons entering the Supreme Court building may wear a surgical mask or a KN95 mask and are encouraged to do so when moving around the court building (including the courtroom).[1] Masks will be provided at the entry to the court building for all those who do not have their own mask.
7. A surgical mask or KN95 mask must be worn by all persons present in the Supreme Court courtroom, or by specified persons in the courtroom, if the presiding judge so directs.
CONDUCT OF HEARINGS
8. All appeal hearings and hearings for applications for leave to appeal will be conducted in person, unless a judge directs otherwise. Directions may be given for a hearing to be conducted remotely.
9. A party, counsel or other participant may apply to participate in a hearing by remote technology.[2] A request for a participant to appear remotely should be made with as much notice as possible, and where practicable five working days in advance. Participation in a remote hearing will continue to be facilitated in accordance with the Protocol for Participation in Remote Hearings.
RAPID ANTIGEN TESTS (RATS)
10. A court participant who has any symptoms of COVID-19, however minor, must take a RAT before attending a Supreme Court hearing and:
a) If they test negative, and the symptoms are very minor (eg a scratchy throat), they may attend court but must wear a mask at all times;
b) If they test negative and the symptoms are more severe (eg runny nose, coughing), they must not attend court unless a judge so directs. If they are permitted to attend court, they must wear a mask at all times;
c) If they test positive, they must not attend court: see paragraph 13 below.
11. A judge may direct that some or all participants in a hearing longer than one day take a RAT in the morning before attending court, on such days as the judge directs, if the judge is satisfied it is reasonably necessary to do so in the interests of justice and to protect health and safety in the court.
12. The Registry will advise counsel and any party who is not legally represented of the arrangements for obtaining RATs from the court.
13. If a court participant receives a positive COVID-19 test result, they must not attend court (and if present in the Supreme Court building, must promptly leave). Whether and how the hearing may be able to continue will be a matter for the presiding judge to determine on a case-by-case basis.
14. If a court participant is required to take a RAT, and declines to do so, the presiding judge will determine whether and how the hearing will proceed.
MEDIA ACCESS AND REMOTE VIEWING OF HEARINGS
15. Accredited news media will have entry to the Supreme Court in order to report court proceedings, and to ensure continued open and transparent justice. Remote access for accredited news media will continue to be facilitated in accordance with current protocols.
16. The Protocol for Remote Viewing of Hearings governs media and public access to hearings.
HEALTH AND SAFETY
17. The following health and safety measures can be expected in the Supreme Court building:
a) Cleaning products will be available on site to enable staff and lawyers to keep their immediate areas clean;
b) Hand sanitiser will be readily available within the courtroom;
c) Face masks will be readily available in the Supreme Court building;
d) RAT kits will be available in the Supreme Court building.
18. Any concerns about health and safety in the Supreme Court should be raised with the Court Manager in the first instance.
EXPECTATIONS OF COUNSEL
19. Counsel are expected to assist the Court by:
a) Briefing clients and witnesses on the court building entry requirements and RAT testing requirements set out in paragraphs 4–7 and 10–14 above; and
b) Reducing unnecessary attendance in the court building by counsel and their clients.
TOURS
20. Tours of the Supreme Court building (both self-guided and guided) will continue to be available, subject to compliance by participants with the requirements for entry to the Supreme Court building set out in this protocol. However, this may be subject to change and any person intending to visit the Supreme Court building should check the Visiting the Supreme Court page on courtsofnz.govt.nz or email tours@justice.govt.nz
FILING AND FILING FEES
21. Court documents may be filed in person, by post, by email or via the file and pay service at any time. Filing by email or via the file and pay service is encouraged.
22. Filing fees may be paid by File and Pay at all times.
All electronic filing should be sent to supremecourt@justice.govt.nz. This is also the email address for urgent enquiries. All filing by post should be sent to:
85 Lambton Quay, Wellington 6011.
DX: SX11224, Wellington.[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.
Protocol Supreme Court operations with COVID-19 in the community (PDF, 194 KB)
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Chief Justice Helen Winkelmann
21 June 2022
1. This protocol sets out how the Supreme Court | Te Kōti Mana Nui will operate while each level of the New Zealand COVID-19 Protection Framework (red, orange and green) applies in Wellington. It comes into effect on 22 June 2022. It replaces the protocol dated 5 April 2022.2. The following directions are made to assure the safety of staff, counsel, other participants and observers.
Entry to the Supreme Court building
3. No person who is unwell should enter the Supreme Court building at any time. Access will be denied to any person who is showing signs of illness, has a body temperature of 38 degrees or higher, has tested positive for COVID-19 and is required to isolate or is a household contact of a confirmed case of COVID-19. If any of these criteria apply, the person concerned should not seek to enter the Supreme Court building.
4. All counsel and self-represented parties attending a hearing in the Supreme Court building may be asked to take a Rapid Antigen Test (RAT) on each morning before the hearing commences. The Registry will advise counsel and self-represented parties of the arrangements for testing for the hearing. If any counsel or self-represented party is asked to take a RAT and declines to do so, the Court will determine whether and how the hearing will proceed. If any counsel or self-represented party tests positive for COVID-19, the Court will determine on a case by case basis whether and how the hearing will proceed.
Hearings
(a) Red level periods
5. The Court intends to hear all appeals and applications for leave to appeal scheduled for hearing during a red level period. A decision will be made on a case by case basis as to whether a hearing will proceed in the normal way, with all Judges and counsel or self-represented parties present in person in the Supreme Court courtroom or will be conducted by approved remote technology. The Court will contact counsel about the arrangements to be made for the hearings that are scheduled to be heard during a red level period. If the hearing proceeds in the normal way, only counsel and self-represented parties will be permitted to be present in the courtroom, unless a Judge directs otherwise.
(b) Orange and green level periods
6. Subject to the restrictions noted below, the Court intends to hear all appeals and applications for leave to appeal scheduled for hearing during an orange or green level period. Unless a Judge directs otherwise, hearings will proceed in the normal way, with all Judges and counsel or self-represented parties present in person in the Supreme Court courtroom, as long as counsel and any self-represented parties are able to be present in Court for the hearing. Members of the public will also be permitted to be present in the courtroom, subject to paragraphs 3 above and 8, 14 and 15 below, unless a Judge directs otherwise.
7. If any counsel or self-represented party is unable to participate in the hearing in person, the Court will make arrangements for that counsel or party to appear by approved remote technology. Any counsel or self-represented party to whom this applies should contact the Registry prior to any scheduled hearing so the necessary arrangements can be made for them to appear remotely. If any counsel or self-represented party is able to, but does not wish to, participate in the hearing in person, they should contact the registry to seek permission to appear remotely. The request will then be referred to a Judge for decision.
(c) At all times
8. If any counsel, self-represented party or other person comes within any of the criteria set out at paragraph 3 above, or is at higher risk of severe illness, immune-compromised or with a relevant underlying health condition, they should not attend Court. If this applies to any counsel or self-represented party, they should contact the Registry so the necessary arrangements can be made for them to appear by approved remote technology, if they are able to do so.
9. Accredited news media representatives will be permitted to enter the Supreme Court building in order to report on hearings. Remote access for accredited news media will also continue to be facilitated in accordance with current protocols.
10. The Court recognises that interested parties may wish to observe a hearing remotely. Where possible, the Court will make arrangements for such parties to do this. Any person interested in this possibility should contact the Registry no later than 1.00pm on the working day before the hearing.
11. The Protocol for Participation in Remote Hearingswill apply to any hearings involving remote participants.
12. The Protocol for Remote Viewing of Hearingsgoverns remote access to hearings for media representatives, interested parties and others.
Health and safety in the Supreme Court building
13. The Supreme Court courtroom will be cleaned thoroughly before and after each hearing and, if a hearing lasts for more than one day, at the end of each hearing day. Hand sanitiser and antibacterial wipes will be available inside the courtroom.
14. Any person present in the public areas of the Supreme Court building (including the courtroom) must wear a surgical mask or a KN95 (or equivalent) mask during any red or orange level period. However, the Judge presiding at a hearing may permit a mask to be removed by counsel or other person to enable effective communication, provided appropriate social distancing can be maintained. During any green level period, wearing a mask is encouraged. A surgical mask will be provided at the entry to the Supreme Court building for all those who do not have their own mask.
15. Any person present in the Supreme Court building at any time must maintain social distancing as directed. In order to ensure that can be achieved, the number of people permitted to enter the court building at any one time may be limited.
16. Counsel are expected to assist the Court by briefing clients on the public health measures referred to at paragraphs 3, 8, 14 and 15 above.
Tours
17. Tours of the Supreme Court building (both self-guided and guided) will be available in orange and green level periods, subject to compliance by participants with the requirements for entry to the Supreme Court building set out in this protocol. However, this is subject to change and any person intending to visit the Supreme Court building should check the Visiting the Supreme Court page on courtsofnz.govt.nz or email tours@justice.govt.nz beforehand. Tours will not be available in red level periods.
Filing of documents
18. Court documents may be filed in person, by post, by email or via the file and pay service at any time. Filing by email or via the file and pay service is encouraged.
19. Filing fees may be paid by File and Pay at all times.
All electronic filing should be sent to supremecourt@justice.govt.nz. This is also the email address for urgent enquiries. All filing by post should be sent to:
85 Lambton Quay, Wellington 6011.
DX: SX11224, Wellington.This protocol is subject to revision
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Chief Justice Helen Winkelmann
4 February 20221. This protocol sets out how the Supreme Court | Te Kōti Mana Nui will operate while each level of the New Zealand COVID-19 Protection Framework (red, orange and green) applies in Wellington and in the event that there is a lockdown in Wellington. It comes into effect on 4 February 2021. It replaces the protocol dated 21 December 2021.
2. People entering the Supreme Court building can proceed on the basis that all Supreme Court Judges and all Registry staff with whom those entering the building may come into contact are fully vaccinated.
3. The following directions are made to assure the safety of staff, counsel, other participants and observers.
Entry to the Supreme Court building
4. Anyone seeking to enter the Supreme Court building at any time must:
(a) present a current MyVaccine Pass; or
(b) provide evidence of a negative Covid-19 test administered within 48 hours of entry; or
(c) provide evidence of a negative rapid antigen test administered within 24 hours of entry.
5. Anyone entering the Supreme Court building at any time must register their attendance on a list maintained by the Registrar or scan the QR code at the entrance to the building and is encouraged to use the hand sanitiser available at the entry to the building.
6. No person who is unwell should enter the Supreme Court building at any time. Access will be denied to any person who is showing signs of illness, has a body temperature of 38 degrees or higher, 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 enter the Supreme Court building.
Hearings
(a) Red level periods
7. The Court intends to hear all appeals and applications for leave to appeal scheduled for hearing during a red level period. Hearings will be conducted by approved remote technology, unless a judge directs otherwise. The Court will contact counsel about the arrangements to be made for the hearings that are scheduled to be heard during a red level period.
(b) Orange and green level periods
8. Subject to the restrictions noted below, the Court intends to hear all appeals and applications for leave to appeal scheduled for hearing during an orange or green level period. Unless a judge directs otherwise, hearings will proceed in the normal way, with all judges and counsel present in person in the Supreme Court courtroom, as long as counsel and any self-represented parties are able to be present in Court for the hearing.
9. The Court will conduct in-person hearings only where the Court can be satisfied that all counsel and parties present in the courtroom meet the requirement for entry set out in paragraph 4 above.
10. Prior to a scheduled hearing, a court officer will contact counsel or any self-represented party to check their vaccination status. If any counsel or self-represented party advises they do not have a current MyVaccine Pass or do not wish to disclose their vaccination status, the Court will request they provide evidence of a negative Covid-19 test result from a test administered no more than 48 hours before the commencement of the hearing as a condition of appearing personally at the hearing. If they do not wish to undergo such a test, the Court will then decide what arrangements should be put in place for the hearing to ensure the safety of participants in the scheduled hearing. For example, the Court may determine that the hearing will proceed with one or more (or all) counsel or self-represented parties appearing by approved remote technology.
11. If any counsel or self-represented party is unable to participate in the hearing in person, the Court will make arrangements for that counsel or party to appear by approved remote technology. Any counsel or self-represented party to whom this applies should contact the Registry prior to any scheduled hearing so the necessary arrangements can be made for them to appear remotely. If any counsel or self-represented party is able to, but does not wish to, participate in the hearing in person, they should contact the registry to seek permission to appear remotely. The request will then be referred to a Judge for decision.
12. For any person wishing to enter the Supreme Court building to observe a hearing who is unable to meet the requirement for entry set out in paragraph 4 above, the Court will consider making arrangements for remote observation by the person concerned by approved remote technology.
13. Any person planning to enter the Supreme Court building to observe a hearing who is unable to meet the requirement for entry set out in in paragraph 4 above should contact the Registry three working days before the hearing to allow time for the Court to consider the making of arrangements under paragraph 12 above.
(b) Lockdown periods
14. In the event that there is lockdown in Wellington affecting the operation of the Court (a lockdown period), hearings that proceed will be conducted by approved remote technology. The Court will contact counsel about the arrangements to be made for the hearings of the Supreme Court that are scheduled to be heard during a lockdown period. Scheduled hearings may be deferred if a hearing by remote technology is not able to be arranged or is inappropriate given the nature of the scheduled hearing.
(c) At all times
15. If counsel or any self-represented party comes within any of the criteria set out at paragraph 6 above, or is at higher risk of severe illness, immune-compromised or with a relevant underlying health condition, they should not attend Court. If this applies, they should contact the Registry so the necessary arrangements can be made for them to appear by approved remote technology, if they are able to do so.
16. Accredited news media representatives will be permitted to enter the Supreme Court building in order to report on hearings as long as they meet the requirement for entry set out in paragraph 4 above. Remote access for accredited news media will also continue to be facilitated in accordance with current protocols.
17. The Court recognises that interested parties may wish to observe a hearing remotely. Where possible, the Court will make arrangements for such parties to do this. Any person interested in this possibility should contact the Registry three working days before the hearing to allow time for the Court to consider the making of these arrangements.
18. The Protocol for Participation in Remote Hearings will apply to any hearings involving remote participants.
19. The Protocol for Remote Viewing of Hearings governs remote access to hearings for media representatives, interested parties and others.
20. Documents may not be handed up during a hearing but must instead be emailed to the Court by 4.00 pm the day prior to the hearing.
Health and safety in the Supreme Court building
21. The Supreme Court courtroom will be cleaned thoroughly before and after each hearing and, if a hearing lasts for more than one day, at the end of each hearing day. Hand sanitiser and antibacterial wipes will be available inside the courtroom.
22. Any person present in the public areas of the Supreme Court building (including the courtroom) must wear a mask during any red or orange level period (or during a lockdown period, if access is permitted). However, the judge presiding at a hearing may permit a mask to be removed by counsel or other person to enable effective communication, provided social distancing requirements are met. During any green level period, wearing a mask is encouraged. KN 95 (or equivalent) masks or surgical masks are preferred.
23. Any person present in the Supreme Court building at any time must observe one metre social distancing requirements. In order to ensure that can be achieved, the number of people permitted to enter the court building at any one time will be limited.
24. Counsel are expected to assist the Court by briefing clients on the public health measures referred to at paragraphs 4 – 6, 12– 13 and 22 – 23 above
25. During any lockdown period, the Supreme Court building will not be open to the public. In the event that an exception is made and entry is allowed, paragraphs 4 – 6, 12 – 13 and 22 – 23 above will apply.
Tours
26. Tours of the Supreme Court building (both self-guided and guided) will continue to be available in orange and green level periods, subject to compliance by participants with the requirements for entry to the Supreme Court building set out in this protocol. However, this is subject to change and any person intending to visit the Supreme Court building should check the Visiting the Supreme Court page on courtsofnz.govt.nz or email tours@justice.govt.nz beforehand. Tours will not be available in red level periods or lockdownperiods.
Filing of documents
27. Court documents may be filed in person, by post, by email or via the file and pay service at any time, except during a lockdown period. Filing by email or via the file and pay service is encouraged.
28. During a lockdown period, all filing of court documents is to be done by email or via the file and pay service. If a party does not have the ability to file electronically, filing may be done by post.
29. Filing fees may be paid by File and Pay at all times.
30. All electronic filing should be sent to supremecourt@justice.govt.nz. This is also the email address for urgent enquiries.
30. All filing by post should be sent to:
85 Lambton Quay,
Wellington 6011DX: SX11224, Wellington
This protocol is subject to revision.
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Chief Justice Helen Winkelmann
21 December 20211. This protocol sets out how the Supreme Court | Te Kōti Mana Nui will operate while each level of the New Zealand COVID-19 Protection Framework (red, orange and green) applies in Wellington and in the event that there is a lockdown in Wellington. It comes into effect on 1 February 2022. It will, when it comes into effect, replace the protocol dated 6 December 2021.
2. People entering the Supreme Court building can proceed on the basis that all Supreme Court Judges and all Registry staff with whom those entering the building may come into contact are fully vaccinated.
3. The following directions are made to assure the safety of staff, counsel, other participants and observers.
Entry to the Supreme Court building
4. Anyone seeking to enter the Supreme Court building at any time must:
(a) present a current MyVaccine Pass; or
(b) provide evidence of a negative Covid-19 test obtained within 72 hours of entry; or
(c) provide evidence of a negative rapid antigen test obtained within 24 hours of entry.
5. Anyone entering the Supreme Court building at any time must register their attendance on a list maintained by the Registrar or scan the QR code at the entrance to the building and is encouraged to use the hand sanitiser available at the entry to the building.
6. No person who is unwell should enter the Supreme Court building at any time. Access will be denied to any person who is showing signs of illness, has a body temperature of 38 degrees or higher, 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 enter the Supreme Court building.
Hearings
(a) Red, orange and green level periods
7. Subject to the restrictions noted below, the Court intends to hear all appeals and applications for leave to appeal scheduled for hearing during a red, orange or green level period. Hearings will proceed in the normal way, with all judges and counsel present in person in the Supreme Court courtroom, as long as counsel and any self-represented parties are able to be present in Court for the hearing.
8. The Court will conduct in-person hearings only where the Court can be satisfied that all counsel and parties present in the courtroom meet the requirement for entry set out in paragraph 4 above.
9. Prior to a scheduled hearing, a court officer will contact counsel or any self-represented party to check their vaccination status. If any counsel or self-represented party advises they do not have a current MyVaccine Pass or do not wish to disclose their vaccination status, the Court will request they provide evidence of a negative Covid-19 test result from a test taken no more than 72 hours before the commencement of the hearing as a condition of appearing personally at the hearing. If they do not wish to undergo such a test, the Court will then decide what arrangements should be put in place for the hearing to ensure the safety of participants in the scheduled hearing. For example, the Court may determine that the hearing will proceed with one or more (or all) counsel or self-represented parties appearing by approved remote technology.
10. If any counsel or self-represented party is unable to participate in the hearing in person, the Court will make arrangements for that counsel or party to appear by approved remote technology. Any counsel or self-represented party to whom this applies should contact the Registry prior to any scheduled hearing so the necessary arrangements can be made for them to appear remotely. If any counsel or self-represented party is able to, but does not wish to, participate in the hearing in person, they should contact the registry to seek permission to appear remotely. The request will then be referred to a Judge for decision.
11. For any person wishing to enter the Supreme Court building to observe a hearing who is unable to meet the requirement for entry set out in paragraph 4 above, the Court will consider making arrangements for remote observation by the person concerned by approved remote technology.
12. Any person planning to enter the Supreme Court building to observe a hearing who is unable to meet the requirement for entry set out in in paragraph 4 above should contact the Registry three working days before the hearing to allow time for the Court to consider the making of arrangements under paragraph 11 above.
(b) Lockdown periods
13. In the event that there is lockdown in Wellington affecting the operation of the Court (a lockdown period), hearings that proceed are likely to be conducted by approved remote technology. The Court will contact counsel about the arrangements to be made for the hearings of the Supreme Court that are scheduled to be heard during a lockdown period. Scheduled hearings may be deferred if a hearing by remote technology is not able to be arranged or is inappropriate given the nature of the scheduled hearing.
(c) At all times
14. If counsel or any self-represented party comes within any of the criteria set out at paragraph 6 above, or is at higher risk of severe illness, immune-compromised or with a relevant underlying health condition, they should not attend Court. If this applies, they should contact the Registry so the necessary arrangements can be made for them to appear by approved remote technology, if they are able to do so.
15. Accredited news media representatives will be permitted to enter the Supreme Court building in order to report on hearings as long as they meet the requirement for entry set out in paragraph 4 above. Remote access for accredited news media will also continue to be facilitated in accordance with current protocols.
16. The Court recognises that interested parties may wish to observe a hearing remotely. Where possible, the Court will make arrangements for such parties to do this. Any person interested in this possibility should contact the Registry three working days before the hearing to allow time for the Court to consider the making of these arrangements.
17. The Protocol for Participation in Remote Hearingswill apply to any hearings involving remote participants.
18. The Protocol for Remote Viewing of Hearingsgoverns remote access to hearings for media representatives, interested parties and others.
19. Documents may not be handed up during a hearing but must instead be emailed to the Court by 4.00 pm the day prior to the hearing.
Health and safety in the Supreme Court building
20. The Supreme Court courtroom will be cleaned thoroughly before and after each hearing and, if a hearing lasts for more than one day, at the end of each hearing day. Hand sanitiser and antibacterial wipes will be available inside the courtroom.
21. Any person present in the Supreme Court building must wear a mask during any red or orange level period (or during a lockdown period, if access is permitted) and is encouraged to wear a mask in any green level period.
22. Any person present in the Supreme Court building at any time must observe one metre social distancing requirements. In order to ensure that can be achieved, the number of people permitted to enter the court building at any one time will be limited.
23. Counsel are expected to assist the Court by briefing clients on the public health measures referred to at paragraphs 4 – 6, 11– 12 and 21 – 22 above
24. During any lockdown period, the Supreme Court building will not be open to the public. In the event that an exception is made and entry is allowed, paragraphs 4 – 6, 11 – 12 and 21 – 22 above will apply.
Tours
25. Tours of the Supreme Court building (both self-guided and guided) will continue to be available in orange and green level periods, subject to compliance by participants with the requirements for entry to the Supreme Court building set out in this protocol. However, this is subject to change and any person intending to visit the Supreme Court building should check the Visiting the Supreme Court page on courtsofnz.govt.nz or email tours@justice.govt.nz beforehand. Tours will not be available in red level periods or lockdownperiods.
Filing of documents
26. Court documents may be filed in person, by post, by email or via the file and pay service at any time, except during a lockdown period. Filing by email or via the file and pay service is encouraged.
27. During a lockdown period, all filing of court documents is to be done by email or via the file and pay service. If a party does not have the ability to file electronically, filing may be done by post.
28. Filing fees may be paid by File and Pay at all times.
29. All electronic filing should be sent to supremecourt@justice.govt.nz. This is also the email address for urgent enquiries.
30. All filing by post should be sent to:
85 Lambton Quay,
Wellington 6011DX: SX11224, Wellington
This protocol is subject to revision.
______________________________________________________________________________________________
Chief Justice Helen Winkelmann
6 December 20211. This protocol applies from 6 December 2021 and continues in force until 1 February 2022.
2. While Wellington is in a COVID-19 Protection Framework Green or Orange zone, the Supreme Court | Te Kōti Mana Nui will operate according to the practices that applied while Alert Level 2 applied in the Wellington region under the Court’s Protocol of 30 August 2021 (see below).
3. While Wellington is in a COVID-19 Protection Framework Red zone, the Supreme Court | Te Kōti Mana Nui will operate according to the practices that applied while Alert Level 3 applied in the Wellington region under the Court’s Protocol of 30 August 2021 (see below).
Chief Justice Helen Winkelmann
30 August 20211. This protocol sets out how the Supreme Court | Te Kōti Mana Nui will operate while each COVID-19 Alert Level (Alert Levels 1, 2, 3 and 4) applies in the Wellington region. It comes into effect on 31 August 2021. It replaces the protocol dated 18 August 2021.
Hearings
Alert Levels 1 and 2
2. Subject to the restrictions noted below, the Court intends to hear all appeals and applications for leave to appeal that have been scheduled for hearing during an Alert Level 1 or 2 period. Hearings will proceed in the normal way, with all judges and counsel present in person in the Supreme Court courtroom, as long as counsel and any self-represented parties who are based outside Wellington are able to travel safely to Wellington for the hearing.
3. If any counsel or self-represented party is based in an area where Alert Level 3 or 4 applies, or is otherwise unable to travel safely to Wellington for the hearing, the Court will make arrangements for that counsel or party to appear remotely, using an audio-visual link. Any counsel or self-represented party to whom this applies should contact the Registry prior to any scheduled hearing so the necessary arrangements can be made for them to appear remotely.
4. If counsel or any self-represented party is unwell, at higher risk of severe illness, immune-compromised or with a relevant underlying health condition, they should not attend Court. If this applies, they should contact the Registry so the necessary arrangements can be made for them to appear remotely, if they are able to do so, using an audio-visual link.
5. At Alert Level 2, the Court recognises that interested parties who wish to observe the hearing may want to do so without having to attend in person. Where possible, the Court will make arrangements for such parties to observe the hearing remotely, using an audio-visual link. Any person interested in this possibility should contact the Registry. Also, at Alert Level 2, documents may not be handed up during a hearing but must instead be emailed to the Court by 4.00 pm the day prior to the hearing.
Alert Levels 3 and 4
6. At Alert Level 3 or 4, any hearings that will proceed are likely to be conducted by audio-visual link or telephone The Court will contact counsel closer to the hearing date about the arrangements to be made for the hearings of the Supreme Court that are scheduled to be heard during an Alert Level 3 or 4 period. Scheduled hearings may be deferred if a hearing by audio-visual link or telephone is not able to be arranged or is inappropriate given the nature of the scheduled hearing.
7. Special arrangements will be made for urgent hearings if required.
8. The Court recognises that interested parties may wish to observe a hearing conducted by audio-visual link. Where possible, the Court will make arrangements for such parties to observe the hearing remotely, using an audio-visual link. Any person interested in this possibility should contact the Registry.
All Alert Levels
9. The Protocol for Participation in Remote Hearings will apply to any hearings involving remote participants.
10.The Protocol for Remote Viewing of Hearings governs remote access to hearings for media representatives and others.
11.Hearings will be recorded in the usual way.
Health and safety in the Supreme Court building
Alert Levels 1 and 2
12.At Alert Levels 1 and 2, the Supreme Court courtroom will be cleaned thoroughly before and after each hearing and, if a hearing lasts for more than one day, at the end of each hearing day. Hand sanitiser and antibacterial wipes will be available inside the courtroom. More details are available on the Ministry of Justice website.
13.Anyone entering the Supreme Court building must register their attendance on a list maintained by the Registrar or scan the QR code at the entrance to the building if required by law to do so. Otherwise, registration or scanning is encouraged. Any person present in the Supreme Court building must observe any applicable hygiene and social distancing requirements and wear a mask if required by law to do so. Otherwise, the wearing of masks is encouraged. Any person present may also elect to wear gloves.
Alert Levels 3 and 4
14.At Alert Levels 3 and 4, the Supreme Court building will not be open to the public. In the event that an exception is made and entry is allowed, paragraphs 12 and 13 above will apply.
Filing of documents
Alert Levels 1 and 2
15.At Alert Levels 1 and 2, court documents may be filed in person, by post, by email or via the file and pay service (see paragraph 17 below). Filing by email or via the file and pay service is encouraged. If court documents are filed in person, hygiene requirements must be followed in accordance with instructions from the Registry officer receiving the documents. Processing of documents filed by post or in person may be delayed if that is necessary to meet hygiene requirements.
Alert Levels 3 and 4
16.At Alert Levels 3 and 4, all filing of court documents is to be done by email or via the file and pay service. If a party does not have the ability to file electronically, filing may be done by post. However, mail will be checked only periodically and processing of documents filed by post may be delayed if that is necessary to meet hygiene requirements. No documents will be received for filing in person at the Registry.
Filing fees
All Alert Levels
17.At all Alert Levels, filing fees may be paid by File and Pay. Please contact the Registry by email at the address below or by telephone (04 918 8222) if you need guidance as to how to do this.
Addresses for filing documents and contacting the Court
All electronic filing should be sent to supremecourt@justice.govt.nz. This is also the email address for urgent enquiries.
All filing by post should be sent to:
85 Lambton Quay,
Wellington 6011DX: SX11224, Wellington
This protocol is subject to revision.