Review of Courts (Remote Participation) Act 2010
Purpose of a remote participation Act (Q1,2)
Click on the drop downs to read about the current law, the problem or opportunity and option(s) for change.
Current law
The Act does not include a purpose statement or objectives. In 2010, the Act was developed to provide a legal basis for the use of remote participation and enable increased use. At that time, remote technology use was limited and there were concerns around its consistency with the New Zealand Bill of Rights Act 1990.
Problem or opportunity
We have identified an opportunity to clarify the purpose of an Act, and ensure it reflects contemporary views about remote participation use in courts.
The way in which courts work, and decisions are made about use of technology, has changed significantly since 2010. When used appropriately, it is now recognised as a tool to facilitate access to justice and a potential contributor to court efficiency.
Option we are considering
Add a purpose statement. This could clarify that the purpose of an Act is to facilitate and promote increased use of remote participation in court proceedings to:
- enhance access to justice;
- support the just, effective, efficient, and timely resolution of court proceedings; and
- comply with open justice principles.
A purpose statement could modernise and future-proof an Act, provide clarity and direction to users of that Act (supporting the rule of law), and align with the objective of enabling increased remote participation.