Courts (Remote Participation) Act 2010

1: Title
This Act is the Courts (Remote Participation) Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— audio-visual link AVL civil proceedings Community Magistrate section 4 court Court of Appeal Part 3 criminal procedural matter criminal substantive matter District Court
a: the Family Court and the Youth Court; and
b: the District Court sitting in its admiralty jurisdiction High Court section 8 Judge judicial officer Justice section 2 Minister New Zealand court
a: the Supreme Court, the Court of Appeal, the High Court, or the District Court
b: any of the following specialist courts: the Court Martial of New Zealand established under section 8 Court Martial Appeals Act 1953 participant
a: a party:
b: the defendant:
c: counsel:
d: a witness:
e: a member of the jury:
f: a judicial officer who is presiding over the proceeding:
g: a Registrar who is presiding over the proceeding:
h: any other person directly involved in the proceeding whom the judicial officer or Registrar considers appropriate proceeding Registrar Supreme Court section 65 witness Section 3 Community Magistrate replaced 1 March 2017 section 261 District Court Act 2016 Section 3 Court of Appeal amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 3 District Court replaced 1 March 2017 section 261 District Court Act 2016 Section 3 New Zealand Court amended 1 March 2017 section 261 District Court Act 2016 Section 3 Supreme Court amended 1 March 2017 section 183(b) Senior Courts Act 2016
4: Act binds the Crown
This Act binds the Crown.
2: Use of audio-visual links in proceedings
5: General criteria for allowing use of audio-visual links
A judicial officer or Registrar must consider the following criteria when he or she is making a determination under this Act whether or not to allow the use of AVL for the appearance of any participant in a proceeding:
a: the nature of the proceeding:
b: the availability and quality of the technology that is to be used:
c: the potential impact of the use of the technology on the effective maintenance of the rights of other parties to the proceeding, including—
i: the ability to assess the credibility of witnesses and the reliability of evidence presented to the court; and
ii: the level of contact with other participants:
d: any other relevant matters.
6: Additional criteria for allowing use of audio-visual links in criminal proceedings
A judicial officer or Registrar must also consider, when he or she is required to determine under this Act whether or not to allow the use of AVL for the appearance of any participant in a criminal proceeding, the potential impact of the use of the technology on the effective maintenance of the right of the defendant to a fair trial, and on his or her rights associated with the hearing, and, in particular,—
a: the ability of the defendant—
i: to comprehend the proceedings; and
ii: to participate effectively in the conduct of his or her defence; and
iii: to consult and instruct counsel privately; and
iv: to access relevant evidence; and
v: to examine the witnesses for the prosecution; and
b: the level of contact the defendant has with other participants; and
c: any adverse impression that may arise through the defendant or any other participant appearing by means of AVL, and whether that adverse impression may be mitigated.
7: Use of audio-visual links in civil proceedings
1: AVL may be used in a civil proceeding for the appearance of a participant in the proceeding if a judicial officer or Registrar determines to allow its use for the appearance of that participant.
2: A judicial officer or Registrar may make a determination under subsection (1)
a: on his or her own motion; or
b: on the application of any participant in the proceeding.
3: A determination under subsection (1)
a: be made in accordance with the criteria in section 5
b: take into account whether or not the parties consent to the use of AVL for the appearance of the participant.
7A: Use of audio links in civil proceedings
2022-10-20 Courts (Remote Participation) Act 2010 Section 7A is repealed: when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 7A repealed 20 October 2022
8: Use of audio-visual links in criminal procedural
or sentencing
1: AVL must be used for the appearance of a participant in a criminal procedural matter if AVL is available and the participant is in custody, unless a judicial officer or a Registrar determines that the use of AVL is contrary to the interests of justice.
1A: AVL may be used for the appearance of a participant in a criminal procedural matter—
a: if AVL is available; and
b: unless a judicial officer or a Registrar determines that the use of AVL is contrary to the interests of justice.
2: AVL may be used for the appearance of a participant in a sentencing matter if—
a: AVL is available; and
b: the participant is in custody; and
c: a judicial officer determines that the use of AVL is not contrary to the interests of justice.
3: Before making a determination under subsection (1) , (1A), sections 5 6
4: To avoid doubt, a motion to determine whether AVL is contrary to the interests of justice may be made by the participant or the judicial officer or Registrar (as the case may be). Section 8 replaced 1 March 2017 section 4 Courts (Remote Participation) Amendment Act 2016 Section 8 heading amended 14 November 2018 section 108(1) Courts Matters Act 2018 Section 8(1A) inserted 14 November 2018 section 108(2) Courts Matters Act 2018 Section 8(3) amended 14 November 2018 section 108(3) Courts Matters Act 2018
8A: Use of audio links in criminal procedural matters
2022-10-20 Courts (Remote Participation) Act 2010 Section 8A: is repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 8A repealed 20 October 2022
9: Use of audio-visual links in criminal substantive matters
1: AVL must not be used in any criminal substantive matter for the appearance of a participant unless a judicial officer determines to allow its use for the appearance of that participant in the proceeding—
a: in accordance with the criteria in sections 5 6
b: taking into account whether the parties to the proceeding consent to the use.
2: Despite subsection (1)
10: Judicial officer or Registrar may vary or revoke determination
1: A judicial officer may at any time vary or revoke a determination to allow the use of AVL for the appearance of a participant if the judicial officer considers that any reason for the determination, with respect to the criteria in section 5 sections 5 6
2: A Registrar may at any time vary or revoke his or her determination, or the determination of another Registrar, to allow the use of AVL for the appearance of a participant if the Registrar considers that any reason for the determination, with respect to the criteria in section 5 sections 5 6
11: Judicial officer or Registrar may make direction
A judicial officer or Registrar who makes a determination under this Act in relation to the use of AVL for the appearance of a participant in a proceeding may make a direction in accordance with that determination.
12: Direction to jury
In a proceeding tried with a jury, the Judge may direct the jury that it must not draw any adverse inference against any party to the proceeding because of the use of AVL in the proceeding.
13: Determining place of hearing
The place of hearing of any proceeding in which 1 or more of the participants appear by the use of AVL—
a: is the place that the relevant judicial officer determines as appropriate in the circumstances; or
b: is, in the case where the participants consent to having a Registrar make the decision, the place that the relevant Registrar determines as appropriate in the circumstances. Section 13 replaced 1 March 2017 section 5 Courts (Remote Participation) Amendment Act 2016
14: Attendance at hearing
1: A participant who appears at a proceeding, or part of a proceeding, by the use of AVL under this Act is regarded as being present in the place of hearing at the proceeding, or that part of the proceeding, for the duration of that use.
2: Subsection (1)
15: Documents and other exhibits when person appears at proceeding by use of AVL
A document may be put to or by a person appearing at a proceeding by the use of AVL, or another exhibit may be shown to or by that person,—
a: by transmitting the document or other exhibit electronically; or
b: by use of AVL; or
c: by any other manner that the judicial officer or Registrar thinks fit.
16: Relationship with other enactments
1: The appearance by a participant at a proceeding by the use of AVL to the extent that is authorised by this Act fulfils the corresponding legal requirements in relation to his or her appearance in person at the proceeding under every enactment and rule of court, unless that other enactment or rule of court expressly provides otherwise.
2: If an enactment or rule of court provides for the appearance by a participant at a proceeding by the use of AVL or video link in a court proceeding, then this Act must be read subject to that enactment or rule of court.
17: AVL does not affect exercise of judicial officer's powers
To avoid doubt, a judicial officer or Registrar presiding in a proceeding in which AVL is used has all the powers that he or she would have if the participant appeared in person.
18: Regulations
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—
a: prescribing the procedure to be followed, the type of equipment to be used, and the arrangements to be made where a person is to appear by the use of AVL:
b: prescribing any method or technology of AVL as one which is suitable for use as AVL under this Act:
c: prescribing forms for the purposes of this Act:
d: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Before making a recommendation under subsection (1)﻿(b)
a: must be satisfied that the method or technology is appropriate for use in proceedings; and
b: may consult with other Ministers as he or she considers appropriate.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
19: Amendment to Evidence Act 2006
1: This section amends the Evidence Act 2006
2: The following section is inserted after section 102
102A: Relationship of Courts (Remote Participation) Act 2010 to sections 103 to 106
Nothing in the Courts (Remote Participation) Act 2010
a: a party to apply under section 103(1) for evidence to be given in an alternative way; or
b: a Judge to make directions under that subsection. 2010-07-07 Evidence Act 2006