CHIEF DISTRICT COURT JUDGE FOR NEW ZEALAND
TE KAIWHAKAWĀ MATUA O
TE KŌTI-Ā-ROHE O AOTEAROA
Judge Heemi TaumaunuThe Chief District Court Judge has issued a new protocol to guide New Zealand’s biggest court as it continues to deliver
an essential service during Alert Level 2 of the pandemic response
The District Court deals with high volumes of Criminal, Family, Youth and Civil matters at local courthouses across the
country, and it is recognised that it will not be “business as usual” under Alert Level 2 conditions.
The Chief District Court Judge, Judge Heemi Taumaunu, says that when the District Court Protocol at Alert Level 2 comes
into force on Monday 18 May, the Court will continue to aim to undertake as much additional work as possible to those
proceedings given priority during Alert Levels 3 and 4. However, the extent of this may remain significantly constrained
by the need to operate safely within the COVID-19 emergency restrictions, particularly relating to the vigilance around
physical distancing and keeping public and registry-work areas scrupulously clean.
“The District Court Protocol at Alert Level 2 outlines the reinforced measures the court is taking to safely manage the
expected influx of people as the court steadily but cautiously extends its work,” Judge Taumaunu says. “The protocol
recognises there are likely to be regional variations. With my approval, local solutions will be necessary to best
address local issues.”
The District Court Protocol at Alert Level 2 makes clear that the increase in numbers will depend on the capacity of
each courthouse to accommodate them safely. Courts will take steps to: avoid unnecessary appearances; schedule in-person
attendance to assist safe distancing; limit in-person attendances to those that will substantively advance proceedings;
and continue to use remote participation where practicable and appropriate. It also sets out the order of priority for
criminal work in those courts that cannot operate at full capacity.
Irrespective of location, Chief Judge Taumaunu says the District Court will observe strict hygiene practices alongside
one-metre physical distancing, and screening, orderly queuing and a COVID-19 contact-tracing register at court
entrances.
Entry will continue to be limited to those required for court business, including victims. Members of the public
(including defendants’ whānau support people) will need prior permission from the presiding judge to enter a court, but
accredited news media remain able to attend court.
Under Alert Level 2, public counters will re-open to support daily sittings and for filing in person. The protocol
document further advises:court participants to wait outside the courthouse until their matter is scheduledthere will be a daily supply of clean PPE available for everyone permitted to enter the courthouse if they wish to use
itaccess will be denied to those: with a temperature of 38°; showing signs of illness or reporting feeling unwell; who
have had close contact with a suspected, probable or confirmed COVID-19 case; who are unwilling to disclose the purpose
of their visit or their personal informationso far as possible that counsel take instructions and brief witnesses outside the courthouse to minimise demand on
interview roomsthat counsel are expected to brief clients and witnesses in advance on public health messages and the limits on members
of the public who may attenddocuments should not normally be handed up to the bench and instead should be scanned and emailed
The District Court Protocol at Alert Level 2 includes divisional protocols for Family Court, Youth Court, the Civil
jurisdiction and Accident Compensation Appeals.
It also contains detailed operational guidance for police prosecutors, court probation officers and counsel, and for
dealing with defendants in custody, at large or on bail, warrants to arrest, remote bail applications, case review
hearings, sentencing, and Judge Alone Trials and pretrial hearings.