The Ministry of Justice is undertaking a first principles review of the Courts (Remote Participation) Act 2010.
The Government decided to review the Act in December 2023 as part of its 100-Day-Plan commitment to enable more virtual participation in court proceedings. The review is part of a wider work programme to improve the efficiency, timeliness and performance of the courts system.
The Act provides a framework for determining when court users can attend remotely by audio-visual or audio links instead of in-person.
The Act is unclear in places, and it has not kept up with evolving court practices and attitudes to remote technology. It also has not been substantially reviewed since it became law 14 years ago.
Feedback was sought on options for change related to three areas: what a remote participation Act should apply to; how decisions about participating remotely should be made; and when remote participation should be used.
Options may affect civil and criminal court users such as complainants and victims, defendants, claimants, jurors and lawyers, and the judges and other judicial officers, and registrars, who make decisions about remote participation.
All options depend on a court user being able to access appropriate remote technology and facilities, and where this is not available, they will still be able to attend court in person.
The key objective is to achieve a modern, fit-for-purpose regime that increases remote participation, supports access to justice and promotes efficiency in courts in a way that is consistent with the interests of justice.
The Ministry of Justice ran a five-week consultation process which closed on 6 December 2024. The feedback received will be used to inform final policy proposals, which then need be agreed by the Government. If the Government decides to progress any change to the Act, a Bill will be developed and introduced into the House.
However, the discussion document remains available on the Ministry’s consultation hub Citizen Space:
Review of Courts (Remote Participation) Act 2010 consultation(external link)
For further information email: courtspolicy@justice.govt.nz
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