New Zealand Acts

COURTS (REMOTE PARTICIPATION) ACT 2010 - SECT 8

8 Use of audio-visual links in criminal procedural or sentencing matters

1 AVL must be used for the appearance of a participant in a criminal procedural matter if AVL is available and the participant is in custody, unless a judicial officer or a Registrar determines that the use of AVL is contrary to the interests of justice.

1A AVL may be used for the appearance of a participant in a criminal procedural matter—

a) if AVL is available; and

b) unless a judicial officer or a Registrar determines that the use of AVL is contrary to the interests of justice.

2 AVL may be used for the appearance of a participant in a sentencing matter if—

a) AVL is available; and

b) the participant is in custody; and

c) a judicial officer determines that the use of AVL is not contrary to the interests of justice.

3 Before making a determination under subsection (1), (1A), or (2), the judicial officer or Registrar (as the case may be) must take into account the criteria specified in sections 5 and 6 .

4 To avoid doubt, a motion to determine whether AVL is contrary to the interests of justice may be made by the participant or the judicial officer or Registrar (as the case may be).

History: Section 8: replaced, on 1 March 2017, by section 4 of the Courts (Remote Participation) Amendment Act 2016 (2016 No 60).   Section 8 heading: amended, on 14 November 2018, by section 108(1) of the Courts Matters Act 2018 (2018 No 50).     Section 8(1A): inserted, on 14 November 2018, by section 108(2) of the Courts Matters Act 2018 (2018 No 50).     Section 8(3): amended, on 14 November 2018, by section 108(3) of the Courts Matters Act 2018 (2018 No 50).