Review of Courts (Remote Participation) Act 2010
Which courts an Act should apply to (Q3)
Click on the drop downs to read about the current law, the problem or opportunity and option(s) for change.
Current law
The Act applies generally to all courts. Separate legislation applies to tribunals. The Act defines courts to include the Supreme Court, the Court of Appeal, the High Court and the District Court. It also includes the following specialist courts: the Employment Court, the Environment Court, the Māori Appellate Court, and the Māori Land Court. The Act also applies to the Court Martial and Court Martial Appeal Court.
Problem or opportunity
There is an opportunity to consolidate requirements for remote participation use in the coronial jurisdiction. The current Act does not include coroners as a court. Instead, coroners rely on section 102A of the Coroners Act 2006, which states that the Courts (Remote Participation) Act 2010 applies to coroners as if it were a civil court. We are not aware that this is causing problems. However, there is an opportunity to reduce cross-referencing and circularity, and align the coroners with the other specialist courts under an Act.
Option we are considering
Add the Coroners Court to the defined list of courts to which an Act applies. Section 102A of the Coroners Act could then be repealed.
We do not expect this change will make a material difference to remote participation use in the coronial jurisdiction. An Act will continue to apply to coroners as if it were a civil court. However, bringing coroners within an Act could create a simpler, more coherent regime and increase clarity for users. It would also recognise coroners’ role as judicial officers.