Courts Remote Participation Bill
Courts Remote Participation Bill
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Courts Remote Participation Bill
Courts Remote Participation Bill
Government Bill
311—1
Explanatory note
General policy statement
The Courts Remote Participation Bill (the Bill) is an omnibus Bill introduced under Standing Order 267(1)(c) that amends legislation administered by the Ministry of Justice. That Standing Order provides that an omnibus Bill to amend more than 1 Act may be introduced if the Business Committee has agreed to the Bill’s introduction as an omnibus Bill.
Repeal and replacement of the Courts (Remote Participation) Act 2010
The Bill repeals and replaces the Courts (Remote Participation) Act 2010 (the Act) to reform the legislative framework governing the use of remote participation and to enable increased remote participation in New Zealand’s courts. The Act has been in place since 2010, and a review found that it is not supporting the efficient and consistent use of remote participation in courts.
The Bill introduces a new legislative framework, involving a new high-level enabling Act and new court rules, with the aim of—
providing increased clarity and certainty about when remote participation should be used; and
supporting more consistent remote participation use across courts.
The Bill facilitates the use of remote participation in all court proceedings and by all persons participating in, or observing, proceedings.
Judicial officers and Registrars may make decisions about remote participation use in all court proceedings. However, court rules and regulations can prescribe the circumstances in which Registrars may not make certain decisions. Registrars can also refer a decision to a judicial officer if necessary.
High-level policy direction is recognised via a purpose statement, which provides that the purpose of the Act is to facilitate increased use of remote participation in a way that protects the rights of all people who engage with the court system to just, fair, and safe court processes.
The Bill includes an updated set of criteria to guide decision-making about whether remote participation is not contrary to the interests of justice. It requires judicial officers and Registrars to consider factors such as fair trial rights, a person’s ability to effectively participate in the proceeding, time and cost saving efficiencies, and any relevant health and safety considerations before making a determination.
Under the Bill, victims and their support people are entitled to remotely observe criminal trials and sentencing, where appropriate. This carries through the changes made via the Courts (Remote Participation) Amendment Act 2024. This will make the court process safer and easier for some victims.
The Bill empowers the development of supporting court rules or regulations, which may prescribe how remote technology is presumed to be used for specific court proceedings and participants. The Bill refers to this as the standard approach. Judicial officers and Registrars can depart from the standard approach after considering the criteria in the Bill. Setting defaults or presumptions in secondary legislation, rather than the Bill, will make it easier to amend and update settings over time. The regulation-making power enables the executive to set court procedure when court rules relating to the use of remote technology have not been made or kept up to date.
Amendments to the Contempt of Court Act 2019
The Bill amends the Contempt of Court Act 2019. It introduces offences that apply to all proceedings in New Zealand courts for making and publishing recordings (sound and visual) of in-person and remote court proceedings without the permission of the court. Once made or shared these recordings could have adverse impacts on fair trial rights, safety, and public trust. The offence provisions are intended to deter people from making these recordings in the absence of permission and to incentivise the deletion and taking down of any such recordings.
Departmental disclosure statement
The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=311
Regulatory impact statement
A regulatory impact statement is not required for this Bill.
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 provides for the Bill to commence on a date set by Order in Council, with a default commencement date of 1 October 2027. This is to provide time to make the court rules that are required to ensure that the Bill is operational at the time of commencement.
Part 1Preliminary provisions
Clause 3 sets out the purpose of the Bill. The purpose is to facilitate and increase the use of remote technology by the courts in a way that—
enhances access to justice:
protects the rights of all users of the courts:
supports the just, timely, and efficient determination of court proceedings.
Clause 4 defines various terms used in the Bill, including remote technology, which is defined as any technology that allows a person to remotely observe or participate in a court proceeding, such as an audio link or audiovisual link.
Clause 5 provides for transitional, savings, and related provisions as set out in Schedule 1.
Clause 6 provides that the Bill binds the Crown.
Part 2Use of remote technology in court
Subpart 1—Outline of this Part
Subpart 1 provides an outline of Part 2, including a structure to assist readers of the Bill to understand how the rules of court made under the Bill interact with other elements of the Bill.
Subpart 2—Departure from standard approach contained in rules of court
Clause 10 provides that a judicial officer or Registrar may determine whether a person may or may not attend or observe a hearing using remote technology. A judicial officer or Registrar may make such a determination even if rules of court prescribe a standard approach as to how a person may attend a hearing. A determination may be made at the request of a person participating in or observing the hearing, at the request of an agency responsible for the care or custody of any participant or observer, or on the judicial officer or Registrar’s own initiative. A determination may be subject to any conditions that the judicial officer or Registrar considers justified, which may include conditions to ensure the integrity of the hearing.
Clause 11 requires a judicial officer or Registrar to conclude that use of remote technology would not be contrary to the interests of justice before making a determination that the person can attend the hearing using remote technology (or conclude that the use of remote technology would be contrary to the interests of justice before requiring the person to attend the hearing in person), taking into account the following mandatory considerations:
whether the use of remote technology upholds a defendant’s right to a fair trial and the parties’ right to the observance of the principles of natural justice and if it would have any impact on the principle of open justice:
whether the remote technology is available and whether there is sufficient resourcing available to use it:
whether any efficiencies can be achieved by holding a hearing or an appearance remotely:
whether the use of remote technology could affect a person’s ability to participate effectively in a hearing:
whether the use of remote technology engages cultural considerations or practices:
whether using remote technology or having a person attend in person could create any health, safety, or security concerns:
any other factor the judicial officer or Registrar considers relevant.
Clause 12 allows a judicial officer or Registrar to vary or revoke a determination made under that clause or clause 10, or a decision made under clause 14, if circumstances change, but only a Judge or coroner may vary or revoke a determination made by another Judge or coroner.
Clause 13 allows a judicial officer or Registrar to also make a direction if they make a determination under clause 10 or 12 or a decision made under clause 14.
Subpart 3—Right of victims to observe certain hearings remotely
Clause 14 ensures that victims of offences and their support persons may observe all or some of a trial or sentencing by remote technology if they wish, provided that certain criteria are met. This is subject to the overriding principle that the use of remote technology not be contrary to the interests of justice.
Subpart 4—Miscellaneous provisions
Clause 15 clarifies that a person who attends a hearing using remote technology is deemed to be present in the courtroom or other place of hearing, whether or not that person is in New Zealand.
Clause 16 provides for various mechanisms to show a document to a witness or other participant who is attending a hearing using remote technology.
Clause 17 provides that if a person is required to appear in court under another Act (for instance, as a condition of bail), an appearance through remote technology is deemed to meet this requirement.
Clause 18 provides that if another Act provides for the attendance or observation of a proceeding by remote technology, this Bill must be read subject to that other enactment.
Clause 19 clarifies that any person attending court using remote technology is subject to the court’s jurisdiction as if they attended court in person (for instance, in relation to issues such as contempt of court).
Subpart 5—Rules regulating the use of remote technology
Clause 20 provides that the power to make rules for courts that are set out in specified provisions in other Acts includes the power to make rules regulating the practice and procedure of the relevant court (or coroners and associate coroners in the exercise of their inquest jurisdiction) in the use of remote technology. This rule-making power includes creating default settings that presume that remote technology will or will not be used in relation to categories of proceedings, fixtures, or hearings, or in relation to certain participants or observers.
Clause 20 also sets procedural requirements for making rules of court relating to remote technology. Rules must be made in accordance with the relevant statute establishing a particular court’s power to create rules for that court. If that power does not include a concurrence provision, the Bill also requires that the court rules be made with the concurrence of the Chief Justice and the relevant head of bench for that court.
Clause 21 creates a bespoke power to create rules of court by Order in Council for the Environment Court relating to the use of remote technology in that court. This power is required as the Resource Management Act 1991 does not provide for a power to make rules of court for the Environment Court. Any rules of court made under this provision are secondary legislation and may only be made with the concurrence of the Chief Justice and the Chief Environment Court Judge.
Clause 22 creates a bespoke power to create rules of practice and procedure by Order in Council for coroners and associate coroners. Those rules may relate to the use of remote technology for coroners and associate coroners when exercising their jurisdiction under the Coroners Act 2006. Any rules made under this provision are secondary legislation and may only be made with the concurrence of the Chief Justice and the Chief Coroner.
Clause 23 provides for the making of regulations regulating the practice and procedure of any New Zealand court. Those regulations may relate to any of the matters set out in section 20(2). Those regulations are secondary legislation made by the Governor-General by Order in Council.
Clause 24 clarifies that in the case of a conflict between a rule of court made under clauses 20 to 22 and a regulation, the regulation prevails. If the conflict involves a rule of court relating to the High Court, the rule prevails.
Subpart 6—Repeal and amendments
Clause 25 repeals the Courts (Remote Participation) Act 2010.
Clause 26 makes consequential amendments to other legislation as listed in Schedule 2.
Part 3Amendments to Contempt of Court Act 2019
Clause 27 provides that Part 3 amends the Contempt of Court Act 2019.
Clause 28 inserts into the Contempt of Court Act 2019 a new subpart 6 of Part 2, which includes new sections 24A to 24F.
New section 24A provides for the subpart to apply to all New Zealand courts, as defined in the Bill.
New section 24B defines the terms New Zealand court, proceeding, and recording for the purposes of the new subpart.
New section 24C creates a new offence of knowingly or recklessly making a recording of a court proceeding without the leave of the court. This offence carries a maximum penalty on conviction of a fine not exceeding $5,000 in relation to an individual, or a fine not exceeding $20,000 in any other case.
New section 24D creates a second offence of knowingly or recklessly publishing a recording of a proceeding without the leave of the court. The offence carries a maximum penalty on conviction of 3 months’ imprisonment or a fine not exceeding $12,000 in relation to an individual, or a fine not exceeding $50,000 in any other case.
New section 24E creates a strict liability offence of making a recording of a proceeding without the leave of the court, and provides for a defence if the defendant proves that they believed on reasonable grounds they had the leave of the court to make the recording and deleted the recording as soon as practicable after becoming aware that they did not have the leave of the court. A person is liable on conviction to a fine not exceeding $1,500 for an individual, or a fine not exceeding $7,500 in any other case.
Clause 24F creates a second strict liability offence of publishing a recording of a proceeding without the leave of the court, and provides for a defence if the defendant proves that they believed on reasonable grounds they had the leave of the court to publish the recording and withdraws the publication as soon as practicable after becoming aware that they did not have the leave of the court. A person is liable on conviction to a fine not exceeding $3,000 for an individual, or a fine not exceeding $15,000 in any other case.
Hon Nicole McKee
Courts Remote Participation Bill
Government Bill
311—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Courts Remote Participation Act 2026.
2 Commencement
(1)
This Act comes into force on a single date set by Order in Council.
(2)
If this Act has not come into force by 1 October 2027, it comes into force then.
(3)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Part 1 Preliminary provisions
3 Purpose
The purpose of this Act is to facilitate the use of, and promote the increased use of, remote technology in all court proceedings in a way that—
(a)
enhances access to justice; and
(b)
protects the rights of all people who engage with the court system to just, fair, and safe court processes; and
(c)
supports the just, timely, and efficient determination of court proceedings.
4 Interpretation
In this Act, unless the context otherwise requires,—
attend, in relation to a proceeding, includes to make an appearance
audio link, in relation to a proceeding, means a facility that enables—
(a)
audio communication allowing a person to remotely participate in a hearing; or
(b)
a person to listen to a hearing
audiovisual link, in relation to a proceeding, means a facility that enables—
(a)
both audio and visual communication allowing a person to remotely participate in a hearing; or
(b)
a person to both listen to and visually observe a hearing
Chief Justice has the same meaning as in section 4(1) of the Senior Courts Act 2016
Community Magistrate has the same meaning as in section 4 of the District Court Act 2016
court means a New Zealand court
Court of Appeal means the Court of Appeal of New Zealand
determination means a determination made under section 10 or 12
District Court—
(a)
means the District Court of New Zealand as established by section 7 of the District Court Act 2016; and
(b)
does not include the District Court of New Zealand exercising its jurisdiction under section 10 of the Disputes Tribunal Act 1988
hearing, in relation to a proceeding, means an occasion when a party or their counsel is required to attend before the court, a judicial officer, or a Registrar in person or remotely
High Court means the High Court of New Zealand
Judge means a Judge of a court
judicial officer, in relation to a proceeding,—
(a)
means a person responsible for making procedural decisions in relation to a proceeding; and
(b)
includes—
(i)
a Judge:
(ii)
a coroner:
(iii)
an Associate Judge:
(iv)
a Family Court Associate:
(v)
an associate coroner:
(vi)
a Community Magistrate:
(vii)
a Justice; but
(c)
does not include a Registrar
Justice has the same meaning as in section 2 of the Justices of the Peace Act 1957
New Zealand court means—
(a)
the Supreme Court, the Court of Appeal, the High Court, or the District Court; or
(b)
one of the following specialist courts:
(i)
the Court Martial of New Zealand as established by section 8 of the Court Martial Act 2007:
(ii)
the Court Martial Appeal Court as constituted under the Court Martial Appeals Act 1953:
(iii)
the Employment Court as established by section 186 of the Employment Relations Act 2000:
(iv)
the Environment Court as continued by section 247 of the Resource Management Act 1991:
(v)
the Māori Land Court as continued by section 6 of Te Ture Whenua Maori Act 1993:
(vi)
the Māori Appellate Court as continued by section 50 of Te Ture Whenua Maori Act 1993:
(vii)
the Summary Appeal Court of New Zealand as established by section 118 of the Armed Forces Discipline Act 1971; or
(c)
a coroner or an associate coroner when exercising their jurisdiction under the Coroners Act 2006
observer, in relation to a proceeding, means any person who watches or listens to a hearing but is not a participant for the purposes of a particular hearing
participant, in relation to a proceeding, means—
(a)
a party to a proceeding:
(b)
a defendant:
(c)
counsel for, or any other representative of, a participant:
(d)
a witness:
(e)
a member of the jury:
(f)
a judicial officer who is presiding over the proceeding:
(g)
any person who sits as a member of a court for the purpose of determining or assisting in determining the proceeding:
(h)
a Registrar who is presiding over the proceeding:
(i)
a person submitting a victim impact statement under Part 2AA of the Victims’ Rights Act 2002:
(j)
an interested party under section 9 of the Coroners Act 2006:
(k)
an intervenor:
(l)
any other person who contributes to a hearing, either directly or through a representative:
(m)
any other person who has a role that requires them to attend a hearing
proceeding means a proceeding in a New Zealand court
Registrar means a Registrar of a New Zealand court and includes a Deputy Registrar
remote technology means technology that enables a user to observe or participate in a hearing remotely, including an audio link or audiovisual link
Supreme Court means the Supreme Court of New Zealand
victim has the same meaning as in section 4 of the Victims’ Rights Act 2002 (and paragraph (b)(i) and (ii) of that definition also applies for the purposes of this Act)
witness means a person who gives evidence and is able to be cross-examined in a proceeding.
5 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
6 Act binds the Crown
This Act binds the Crown.
Part 2 Use of remote technology in court
Subpart 1—Outline of this Part
7 Purpose of this subpart
This subpart—
(a)
gives a general indication of what this Part is about:
(b)
indicates how this Act is arranged and how the provisions in this Part apply to each other:
(c)
assists readers to identify the provisions that are relevant to them.
8 Status of this subpart
This subpart is only a guide to the general scheme and effect of this Part.
9 How this Part is structured
(1)
Subpart 2 sets out when a judicial officer or Registrar may determine that remote technology may or must not be used, including allowing a departure from a standard approach that is provided for in the rules of court or regulations made under subpart 5.
(2)
Subpart 3 grants victims and their support persons the right to attend a trial or sentencing remotely when specified criteria are met, irrespective of whether other observers or participants are permitted to observe or participate in the trial or sentencing remotely.
(3)
Subpart 4 sets out procedural provisions that support the use of remote technology in proceedings and sets out how the provisions of this Act (and rules of court and regulations made under this Act) interact with requirements on participants or observers under other legislation.
(4)
Subpart 5 provides for rules of court and regulations to be made that provide for standard approaches as to when remote technology is expected to be used in court in relation to specific types of hearings.
(5)
Subpart 6 provides for the repeal of the Courts (Remote Participation) Act 2010 and makes consequential amendments to other legislation.
Subpart 2—Departure from standard approach contained in rules of court or regulations
10 Judicial officer or Registrar may make determination
(1)
A judicial officer or Registrar may make a determination as to whether a person may observe or participate in a hearing using remote technology.
(2)
A determination may be made that is contrary to any standard approach in a rule of court or regulation that provides for the person to observe or participate in the hearing in person or using remote technology.
(3)
A determination may be made—
(a)
at the request of a participant or observer; or
(b)
at the request of a State agency, department, or organisation with a statutory responsibility for the care or custody of any participant or observer; or
(c)
on the judicial officer’s or Registrar’s own initiative.
(4)
A determination may apply to 1 or more of the following circumstances or persons:
(a)
a single fixture, appearance, or hearing in relation to a proceeding:
(b)
multiple fixtures, appearances, or hearings in relation to a proceeding:
(c)
all fixtures, appearances, or hearings in relation to a proceeding:
(d)
1 or more observers or participants:
(e)
1 or more classes of observers or participants, whether or not the individuals in that class were identifiable when the determination was made:
(f)
all participants, all observers, or all participants and observers:
(g)
in relation to a single proceeding, any other person or circumstance a judicial officer considers appropriate.
(5)
A determination may be made subject to any condition that the judicial officer or Registrar making the determination sees fit, including requirements to preserve the integrity of the hearing.
(6)
A judicial officer or Registrar may make a determination only if the making of a procedural direction in relation to the hearing is within the jurisdiction and powers of that judicial officer or Registrar as provided by legislation other than this Act.
11 Considerations before making determination
(1)
Before making a determination that a person may use remote technology to observe or participate in a hearing, a judicial officer or Registrar must be satisfied that the use of remote technology would not be contrary to the interests of justice.
(2)
Before making a determination that a person may not use remote technology to observe or participate in a hearing, a judicial officer or Registrar must be satisfied that the use of remote technology would be contrary to the interests of justice.
(3)
In considering whether the use of remote technology would be contrary to the interests of justice, the judicial officer or Registrar must take into account—
(a)
whether the use of remote technology by participants or observers would uphold a defendant’s fair trial rights and the parties’ right to the observance of the principles of natural justice, and affect the principle of open justice:
(b)
whether the necessary remote technology, and the infrastructure and resources to support its use, is available:
(c)
efficiencies that can be achieved in relation to the time and cost necessary to participate in the court proceedings if the participant attends remotely, including for the person attending remotely, the hearing, and the proceeding as a whole:
(d)
whether the use of remote technology would affect a participant’s ability to participate effectively in the proceeding:
(e)
whether the use of remote technology engages any cultural considerations or practices:
(f)
health, safety, and security considerations associated with the use of remote technology or attendance in court:
(g)
any other factor that the judicial officer or Registrar considers relevant.
Compare: 2010 No 94 ss 5, 6
12 Judicial officer or Registrar may vary or revoke determination
(1)
A Judge or coroner may vary or revoke a determination made under this section or section 10 or a decision made under section 14.
(2)
A judicial officer, other than a Judge or coroner, may vary or revoke a determination made under this subsection, subsection (3), or section 10 or a decision made under section 14 if that determination or decision was not made by a Judge or coroner.
(3)
A Registrar may vary or revoke a determination made under this subsection or section 10 or a decision made under section 14 if that determination or decision was made by a Registrar.
Compare: 2010 No 94 s 10
13 Judicial officer or Registrar may make direction
A judicial officer or Registrar may make a direction in accordance with a determination or a decision made under section 14.
Compare: 2010 No 94 s 11
Subpart 3—Right of victims to observe certain hearings remotely
14 Use of remote technology by victims and support persons to observe trial and sentencing
(1)
A victim of an offence and their support person are entitled to observe all or part of the trial and sentencing for the offence by the use of a remote technology if—
(a)
the remote technology is available; and
(b)
the victim gives the court reasonable notice that they wish to use the remote technology; and
(c)
the victim gives notice with reasonable time for the court to make the necessary arrangements for the use of the remote technology; and
(d)
the trial or sentencing that is to be observed is open to the public; and
(e)
the victim and their support person are otherwise entitled to be physically present.
(2)
However, subsection (1) does not apply if a judicial officer or Registrar decides that the use of the remote technology is contrary to the interests of justice.
(3)
Before deciding that the use of remote technology is not in the interests of justice, the judicial officer must consider the factors specified in section 11(3).
(4)
In this section, offence has the same meaning as in section 4 of the Victims’ Rights Act 2002.
(5)
This section overrides section 10.
Subpart 4—Miscellaneous provisions
15 Attendance at hearing
(1)
A participant or an observer using remote technology to attend a proceeding is regarded as being present at the place of hearing when using the remote technology.
(2)
Subsection (1) applies whether or not the participant or observer is in New Zealand.
Compare: 2010 No 94 s 14
16 Documents and other exhibits when person attends proceeding by use of remote technology
A document or other exhibit may be shown to or by a participant who is using remote technology by—
(a)
transmitting the document or other exhibit electronically; or
(b)
using an audiovisual link or other remote technology through which the document may be viewed; or
(c)
any other manner that the judicial officer or Registrar thinks fit.
Compare: 2010 No 94 s 15
17 Person attending proceeding remotely meets requirement to attend in person
A person’s attendance at a proceeding through the use of remote technology fulfils any corresponding legal requirement under an enactment or a rule of court to attend the proceeding in person, unless that other enactment or rule of court expressly provides otherwise.
Compare: 2010 No 94 s 16
18 Act subject to other legislation providing for use of remote technology
If an enactment provides for a participant to participate in or attend a proceeding, or an observer to observe a proceeding, by the use of remote technology, this Act must be read subject to that enactment.
19 Remote technology use does not affect exercise of judicial officer’s or Registrar’s powers
A judicial officer or Registrar presiding over a proceeding has the same powers over a participant or observer attending using remote technology as the judicial officer or Registrar would if the participant or observer were attending court in person.
Compare: 2010 No 94 s 17
Subpart 5—Secondary legislation regulating use of remote technology
Court rules
20 Rules of court
(1)
The power to make rules of court under the empowering provisions referred to in subsection (3) includes the power to make rules regulating the practice and procedure of the relevant court in the use of remote technology.
(2)
Rules of court made under this section may do any or all of the following:
(a)
prescribe the standard approach as to whether remote technology use or in-person attendance in court is expected in relation to—
(i)
a category of proceeding:
(ii)
a category of appearance, fixture, or hearing:
(iii)
a category of participants or observers:
(b)
prescribe the procedure that must be followed when making a determination:
(c)
prescribe the circumstances in which a Registrar may not make a determination:
(d)
prescribe the criteria to be considered in making a determination:
(e)
prescribe rules as to where the place of hearing is for a hearing if 1 or more or all participants attend remotely:
(f)
provide for any other matters in respect of which rules are contemplated by this Act.
(3)
Rules of court made in relation to the matters set out in subsection (2) must be made,—
(a)
for the Supreme Court, Court of Appeal, or High Court, under section 148 of the Senior Courts Act 2016:
(b)
for the District Court (but not including the Family Court or Youth Court), under section 228 of the District Court Act 2016:
(c)
for the Family Court, under section 16A of the Family Court Act 1980 and with the concurrence of the Chief Justice and the Principal Family Court Judge:
(d)
for the Youth Court,—
(i)
under section 228 of the District Court Act 2016:
(ii)
under section 448 of the Oranga Tamariki Act 1989 and with the concurrence of the Chief Justice and the Principal Youth Court Judge:
(e)
for the Court Martial of New Zealand and Summary Appeals Court of New Zealand, under section 150 of the Armed Forces Discipline Act 1971 and with the concurrence of the Chief Justice and the Chief Judge of the Court Martial:
(f)
for the Court Martial Appeal Court, under section 26 of the Court Martial Appeals Act 1953:
(g)
for the Employment Court, under section 212 of the Employment Relations Act 2000 and with the concurrence of the Chief Justice and the Chief Judge of the Employment Court:
(h)
for the Māori Land Court and Māori Appellate Court, under section 95 of Te Ture Whenua Maori Act 1993.
(4)
Nothing in this section permits a rule of court to be made regarding the use of remote technology that is inconsistent with the purpose of this Act or subpart 3.
21 Rules for Environment Court
(1)
The Governor-General may, by Order in Council, make rules of practice and procedure for the Environment Court in relation to the use of remote technology.
(2)
The power to make rules includes the power to make rules on the matters set out in section 20(2).
(3)
Rules may be made only with the concurrence of the Chief Justice and the Chief Environment Court Judge.
(4)
This section overrides section 269(1) of the Resource Management Act 1991.
(5)
Rules made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
22 Rules for coroners and associate coroners
(1)
The Governor-General may, by Order in Council, make rules of practice and procedure for coroners and associate coroners when exercising their jurisdiction under the Coroners Act 2006 in relation to the use of remote technology.
(2)
The power to make rules includes the power to make rules on the matters set out in section 20(2).
(3)
Rules may be made only with the concurrence of the Chief Justice and the Chief Coroner.
(4)
Rules made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Regulations
23 Regulations
(1)
The Governor-General may, by Order in Council, make regulations regulating the practice and procedure of a New Zealand court for all or any of the following purposes:
(a)
providing for anything that this Act says may or must be provided for by regulations:
(b)
providing for the matters specified in section 20(2):
(c)
providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
(2)
Regulations made under this section may be made in relation to proceedings before 1 or more courts.
(3)
Nothing in this section permits the making of a regulation regarding the use of remote technology that is inconsistent with the purpose of this Act or subpart 3.
(4)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Interaction between rules and regulations
24 Interaction between rules and regulations
(1)
No rule of court may be made under sections 20 to 22 that is inconsistent with a regulation made under section 23.
(2)
If a rule of court made under sections 20 to 22 and a regulation made under section 23 conflict, the regulation must prevail.
(3)
However, if a conflict exists between a regulation made under section 23 and a rule of court made under section 20 that relates to the High Court, the rule of court prevails.
(4)
Nothing in this section prevents the making of rules of court that provide further detail on a matter prescribed in a regulation.
Subpart 6—Repeal and amendments
25 Repeal of Courts (Remote Participation) Act 2010
The Courts (Remote Participation) Act 2010 (2010 No 94) is repealed.
26 Amendments to other legislation
Amend the legislation specified in Schedule 2 as set out in that schedule.
Part 3 Amendments to Contempt of Court Act 2019
27 Principal Act
This Part amends the Contempt of Court Act 2019.
28 New subpart 6 of Part 2 inserted
After section 24, insert:
Subpart 6—Offences relating to recording and publishing court proceedings
24A Application of this subpart
This subpart applies to any proceeding in a New Zealand court.
24B Interpretation
In this subpart,—
New Zealand court means one of the following:
(a)
the Supreme Court of New Zealand:
(b)
the Court of Appeal of New Zealand:
(c)
the High Court of New Zealand:
(d)
the District Court of New Zealand,—
(i)
as established by section 7 of the District Court Act 2016:
(ii)
but not including the District Court of New Zealand exercising its jurisdiction under section 10 of the Disputes Tribunal Act 1988:
(e)
one of the following specialist courts:
(i)
the Court Martial of New Zealand as established by section 8 of the Court Martial Act 2007:
(ii)
the Court Martial Appeal Court as constituted under the Court Martial Appeals Act 1953:
(iii)
the Employment Court as established by section 186 of the Employment Relations Act 2000:
(iv)
the Environment Court as continued by section 247 of the Resource Management Act 1991:
(v)
the Māori Land Court as continued by section 6 of Te Ture Whenua Maori Act 1993:
(vi)
the Māori Appellate Court as continued by section 50 of Te Ture Whenua Maori Act 1993:
(vii)
the Summary Appeal Court of New Zealand as established by section 118 of the Armed Forces Discipline Act 1971:
(f)
a coroner when exercising their jurisdiction under the Coroners Act 2006
proceeding means a proceeding in a New Zealand court
recording, in relation to a proceeding, means an image or a sound or video record of a proceeding, and includes a video, photograph, or audio recording.
24C Knowingly or recklessly making recording of court proceeding
(1)
A person commits an offence if they knowingly or recklessly make a recording of a proceeding without the leave of the court.
(2)
A person that commits an offence against this section is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $5,000:
(b)
in any other case, to a fine not exceeding $20,000.
24D Knowingly or recklessly publishing recording of court proceeding
(1)
A person commits an offence if they knowingly or recklessly publish a recording of a proceeding without the leave of the court.
(2)
A person that commits an offence against this section is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $12,000:
(b)
in any other case, to a fine not exceeding $50,000.
24E Making recording of court proceeding without leave of court
(1)
A person commits an offence if they make a recording of a proceeding without the leave of the court.
(2)
A person that commits an offence against this section is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $1,500:
(b)
in any other case, to a fine not exceeding $7,500.
(3)
It is a defence to an offence against this section if the defendant—
(a)
proves they believed on reasonable grounds that they had the leave of the court to make the recording; and
(b)
deletes the recording as soon as practicable after becoming aware that they did not have the leave of the court to make the recording.
24F Publishing recording of court proceeding without leave of court
(1)
A person commits an offence if they publish a recording of a proceeding without the leave of the court.
(2)
A person that commits an offence against this section is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $3,000:
(b)
in any other case, to a fine not exceeding $15,000.
(3)
It is a defence to an offence against this section if the defendant—
(a)
proves they believed on reasonable grounds that they had the leave of the court to publish the recording; and
(b)
withdraws the publication as soon as practicable after becoming aware they did not have the leave of the court to publish the recording.
Schedule 1 Transitional, savings, and related provisions
s 5
Part 1 Provisions relating to this Act as enacted
1 Interpretation
In this Part, commencement means the date that this Act comes into force under section 2.
2 Rules of court continue in force
(1)
This clause applies to the rules of a New Zealand court that relate to the matters referred to in section 20(2) of this Act and that were in force immediately before commencement.
(2)
Those rules of court continue in force as if they were also issued under section 20 to the extent that they are not amended by rules made under that section.
3 High Court rules made between Royal assent and commencement
(1)
Section 148 of the Senior Courts Act 2016 is not required to be complied with in relation to a rule of court for the High Court relating to the matters referred to in section 20(2) of this Act that is made after this Act receives the Royal assent and before commencement.
(2)
Rules of court to which this clause applies must be made with the concurrence of the Chief Justice and the Chief High Court Judge.
4 District Court rules made between Royal assent and commencement
(1)
Section 228 of the District Court Act 2016 is not required to be complied with in relation to a rule of court for the District Court (but not for the Family Court or Youth Court divisions of the District Court) relating to the matters referred to in section 20(2) of this Act that is made after this Act receives the Royal assent and before commencement.
(2)
Rules of court to which this clause applies must be made with the concurrence of the Chief Justice and the Chief District Court Judge.
5 Proceeding initiated before commencement
(1)
This Act applies to all proceedings in existence immediately before commencement.
(2)
However, subclause (1) is subject to an order of the court that, in relation to a hearing,—
(a)
the application of the provisions in Part 2 of this Act would be contrary to the interests of justice; and
(b)
the Courts (Remote Participation) Act 2010 continues to apply to that proceeding or hearing.
Schedule 2 Consequential amendments to other legislation
s 26
Armed Forces Discipline Act 1971 (1971 No 53)
Repeal section 137(1)(c).
Replace section 137(2) with:
(2)
The Summary Appeal Court may conduct its proceedings remotely in accordance with the Courts Remote Participation Act 2026 with any necessary modifications and the rules of court or regulations (if any) made under that Act or any other Act.
After section 150(1), insert:
(1A)
Rules made under subsection (1) relating to the matters set out in section 20(2) of the Courts Remote Participation Act 2026 must be made in accordance with section 20(3)(e) of that Act and are subject to section 24 of that Act.
Coroners Act 2006 (2006 No 38)
Repeal section 102A and the cross-heading above section 102A.
Court Martial Act 2007 (2007 No 101)
Repeal section 37(1)(d).
After section 37(1), insert:
(1A)
The Court Martial may conduct its proceedings remotely in accordance with the Courts Remote Participation Act 2026 with any necessary modifications and the rules of court or regulations (if any) made under that Act or any other Act.
In section 37(3), replace “and (d) are”
with “is”
.
Court Martial Appeals Act 1953 (1953 No 100)
After section 26(2), insert:
(2A)
Rules of court made under subsection (1) relating to the matters set out in section 20(2) of the Courts Remote Participation Act 2026 are subject to section 24 of that Act.
District Court Act 2016 (2016 No 49)
After section 228(4), insert:
(4A)
This section is subject to section 24 and Part 1 of Schedule 1 of the Courts Remote Participation Act 2026.
Employment Relations Act 2000 (2000 No 24)
After section 212(3), insert:
(3A)
Rules of court that relate to the matters set out in section 20(2) of the Courts Remote Participation Act 2026 must be made in accordance with section 20(3)(g) of that Act and are subject to section 24 of that Act.
Evidence Act 2006 (2006 No 69)
In the heading to section 102A, replace “Courts (Remote Participation) Act 2010”
with “Courts Remote Participation Act 2026”
.
In section 102A, replace “Courts (Remote Participation) Act 2010”
with “Courts Remote Participation Act 2026”
.
In the heading to section 153A, replace “Courts (Remote Participation) Act 2010”
with “Courts Remote Participation Act 2026”
.
In section 153A, replace “Courts (Remote Participation) Act 2010”
with “Courts Remote Participation Act 2026”
.
Family Court Act 1980 (1980 No 161)
After section 16A(4), insert:
(4A)
Any rules made that relate to the matters set out in section 20(2) of the Courts Remote Participation Act 2026 must be made in accordance with section 20(3)(c) of that Act and are subject to section 24 of that Act.
Habeas Corpus Act 2001 (2001 No 31)
Repeal section 14A.
High Court Rules 2016 (LI 2016/225)
In rule 7.34(1), replace “Courts (Remote Participation) Act 2010”
with “Courts Remote Participation Act 2026”
.
Māori Land Court Fees Regulations 2013 (SR 2013/219)
In the Schedule, Part 12, item 25(o), replace “in civil proceeding under section 7 of the Courts (Remote Participation) Act 2010”
with “under section 10 or 12 of the Courts Remote Participation Act 2026”
.
Oranga Tamariki Act 1989 (1989 No 24)
After section 448(2), insert:
(2A)
Rules made under subsection (1) relating to the matters set out in section 20(2) of the Courts Remote Participation Act 2026 must be made in accordance with section 20(3)(d)(i) of that Act and are subject to section 24 of that Act.
Resource Management Act 1991 (1991 No 69)
Replace section 269(4) with:
(5)
The Environment Court may conduct its proceedings, or a conference under section 267, remotely in accordance with the Courts Remote Participation Act 2026 and rules of court or regulations (if any) made under that Act.
Senior Courts Act 2016 (2016 No 48)
After section 148(3), insert:
(3A)
This section is subject to section 24 and Part 1 of Schedule 1 of the Courts Remote Participation Act 2026.
After section 153(2), insert:
(3)
This section is subject to section 24 and Part 1 of Schedule 1 of the Courts Remote Participation Act 2026 and rules of court or regulations (if any) made under that Act.
Te Ture Whenua Maori Act 1993 (1993 No 4)
After section 95(3), insert:
(3A)
Rules of court made under this section relating to the matters set out in section 20(2) of the Courts Remote Participation Act 2026 are subject to section 24 of that Act.
Trans-Tasman Proceedings Act 2010 (2010 No 108)
In the heading to section 36, replace “Courts (Remote Participation) Act 2010”
with “Courts Remote Participation Act 2026”
.
In section 36, replace “Courts (Remote Participation) Act 2010”
with “Courts Remote Participation Act 2026”
.
In the heading to section 80, replace “Courts (Remote Participation) Act 2010”
with “Courts Remote Participation Act 2026”
.
In section 80, replace “Courts (Remote Participation) Act 2010”
with “Courts Remote Participation Act 2026”
.
"Related Legislation
"Related Legislation
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Versions
Courts Remote Participation Bill
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