New Zealand Acts

COURTS (REMOTE PARTICIPATION) ACT 2010 - SECT 6

6 Additional criteria for allowing use of audio-visual links and audio links in criminal proceedings

A judicial officer or Registrar must also consider, when they are required to determine under this Act whether or not to allow the use of AVL or AL for the appearance of any participant in a criminal proceeding or for the observation of a criminal proceeding by a victim or support person, the potential impact of the use of the technology on the effective maintenance of the right of the defendant to a fair trial, and on the defendant’s rights associated with the hearing, and, in particular,—

a) the ability of the defendant—

i) to comprehend the proceedings; and

ii) to participate effectively in the conduct of their defence; and

iii) to consult and instruct counsel privately; and

iv) to access relevant evidence; and

v) to examine the witnesses for the prosecution; and

b) the level of contact the defendant has with other participants; and

c) any adverse impression that may arise through the defendant or any other participant appearing, or a victim or a support person observing, by means of AVL or AL, and whether that adverse impression may be mitigated.

History: Section 6 heading: amended, on 3 September 2024, by section 8 of the Courts (Remote Participation) Amendment Act 2024 (2024 No 33).   Section 6: amended, on 3 September 2024, by section 8 of the Courts (Remote Participation) Amendment Act 2024 (2024 No 33).     Section 6(a)(ii): amended, on 3 September 2024, by section 8 of the Courts (Remote Participation) Amendment Act 2024 (2024 No 33).     Section 6(c): amended, on 3 September 2024, by section 8 of the Courts (Remote Participation) Amendment Act 2024 (2024 No 33).