New Zealand Acts

COURTS (REMOTE PARTICIPATION) ACT 2010 - SECT 3

3 Interpretation

In this Act, unless the context otherwise requires,—  
"audio link" , or
"AL" , in relation to a proceeding, means facilities that enable audio communication to take place between participants or (as the case may be) to be received by a victim or support person under section 9A when some or all of them are not physically present at the place of hearing for all or part of the proceeding    
"audio-visual link" , or
"AVL" , in relation to a proceeding, means facilities that enable both audio and visual communication to take place between participants or (as the case may be) to be received by a victim or support person under section 9A when some or all of them are not physically present at the place of hearing for all or part of the proceeding    
"civil proceedings" means any proceedings in a court, other than criminal proceedings    
"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 constituted under Part 3 of the Senior Courts Act 2016     
"criminal procedural matter" means any matter, in a criminal proceeding, in respect of which no evidence is to be called    
"criminal substantive matter" means any matter, in a criminal proceeding, in respect of which evidence is to be called    
"District Court" includes—  

a) the Family Court and the Youth Court; and

b) the District Court sitting in its admiralty jurisdiction

"High Court" includes the High Court sitting in its admiralty jurisdiction, or sitting as a permanent Prize Court under the jurisdiction conferred by section 8 of the Admiralty Act 1973   
"Judge" means a Judge of any court    
"judicial officer" means a Judge, a Community Magistrate, or a Justice    
"Justice" has the same meaning as in section 2 of the Justices of the Peace Act 1957     
"Minister" means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act    
"New Zealand court" means—  

a) the Supreme Court, the Court of Appeal, the High Court, or the District Court; or

b) any of the following specialist courts: the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007 , the Court Martial Appeal Court constituted by the Court Martial Appeals Act 1953 , the Employment Court, the Environment Court, the Maori Appellate Court, and the Maori Land Court

"offence" has the meaning given in section 4 of the Victims' Rights Act 2002   
"participant" , in relation to a proceeding, means a person who is, in that proceeding, any of the following:  

a) a party:

b) the defendant:

c) counsel:

d) a witness:

e) a member of the jury:

f) a judicial officer who is presiding over the proceeding:

g) a Registrar who is presiding over the proceeding:

h) any other person directly involved in the proceeding whom the judicial officer or Registrar considers appropriate

"proceeding" means any proceeding in a New Zealand court  
"Registrar" includes a Deputy Registrar    
"Supreme Court" has the same meaning as in section 65 of the Senior Courts Act 2016     
"victim" has the meaning given 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.  

History: Section 3 audio link or AL: inserted, on 3 September 2024, by section 4 of the Courts (Remote Participation) Amendment Act 2024 (2024 No 33).   Section 3 audio-visual link or AVL: replaced, on 3 September 2024, by section 8 of the Courts (Remote Participation) Amendment Act 2024 (2024 No 33).     Section 3 Community Magistrate: replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 3 Court of Appeal: amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).     Section 3 District Court: replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 3 New Zealand Court paragraph (a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 3 offence: inserted, on 3 September 2024, by section 4 of the Courts (Remote Participation) Amendment Act 2024 (2024 No 33).     Section 3 Supreme Court: amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).     Section 3 victim: inserted, on 3 September 2024, by section 4 of the Courts (Remote Participation) Amendment Act 2024 (2024 No 33).