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Under the Courts (Remote Participation) Act 2010, audio-visual technology such as video-conferencing is used in court proceedings, where available. AVL technology allows courts to connect directly to prison booths, or to any other video conferencing device in New Zealand and overseas.
Judicial officers are required to consider using AVL where the technology is available, taking into account certain criteria (see sections 5 and 6 of the Act).
AVL can’t be used unless the judicial officer decides to allow its use. The judicial officer must take into account the criteria in sections 5 and 6 of the Act, and whether the parties consent to its use. However, the Act specifically requires a defendant’s consent before AVL can be used if the appearance is for a trial which determines their guilt or innocence.
AVL can be used where the judicial officer considers that the criteria of the Act would be satisfied.
A court to custody link is a link between court and custodial facilities (for example, a prison) which have AVL facilities available. The link is primarily used for remand appearances. Where a court is able to connect with a custodial facility by AVL, counsel can contact the court to enquire about options available to meet virtually with their client in custody.
Most Courts and Tribunals have video conferencing facilities. Parties can apply in person or in writing to their local court to use AVL. A judicial officer or registrar may also consider it appropriate to use AVL.
The Ministry of Justice has developed AVL operating guidelines for District Courts and Higher Courts. It’s recommended that court participants familiarise themselves with these before an AVL appearance.
The Chief District Court Judge has issued a judicial protocol to provide guidance to judicial officers and registrars when presiding over an AVL hearing.
Applications can be made for access to the AVL feed of the defendant in custody. This is done in the same way as the process for in-court media coverage.
The process for in-court media coverage is set out in the Media guide for reporting the courts and tribunals: edition 3.1
All media enquiries should be directed to the Public Information team.
Phone: (04) 918 8836 or (027) 689 0667
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