Review of Courts (Remote Participation) Act 2010

Overview

The Ministry of Justice is undertaking a first principles review of the Courts (Remote Participation) Act 2010 and is now seeking public feedback on options for change. 

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 is 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.   

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 last day for submissions and completed online surveys is Friday 6 December.

Why your views matter

The options in the discussion document are preliminary only. 

If change goes ahead, it may affect both 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 allowing remote participation.

Feedback will be used to inform the development of final policy proposals, which will be considered by the Government. If the Government decided to progress any change to the Act, a Bill will be developed and introduced into the House.

To give feedback, read the discussion document PDF version or Word version first before you start the public online survey on this page. The discusssion document contains important contextual information and a glossary of key terms used. The survey questions follow questions described in Part 1, 2 and 3 of the discussion document.

OR:

make a written submission separately:

• by email to courtspolicy@justice.govt.nz
• by post to:

Courts System Policy
Ministry of Justice – National Office
DX SX10088
Wellington

This accessibility format document - PDF version or Word version - may assist some people with their navigation of the discussion document.

There are also copies of the online survey - PDF version and Word version that may be helpful. 

Once the Government has made decisions the Ministry will publish a summary of feedback on our website. The summary will not include information that could identify individuals.

Official Information Act (OIA) requests and your submission 

Your feedback is subject to the Official Information Act 1982 (OIA). If your feedback is within scope of an OIA request for information, the Ministry is required to release the information unless one of the withholding grounds of the OIA apply. The Ministry can withhold personal details under the OIA, including your name and address. If you do not want any information in your feedback to be released, please let us know and and explain why. For example, some information may be commercially sensitive or personal. The Ministry will take your views into account when responding to such requests.

Your rights under the Privacy Act

The Privacy Act 2020 governs how the Ministry collects and uses the personal information about you and your submission. You have the right to access and correct personal information.

What happens next

Public consultation has now closed.

Feedback will be used to inform the development of final policy proposals, which will be considered by the Government. If the Government decided to progress any change to the Act, a Bill will be developed and introduced into the House.