New Zealand Acts

COURTS (REMOTE PARTICIPATION) AMENDMENT ACT 2024 - SECT 5

5 New section 7A inserted (Use of audio links in civil proceedings)

After section 7 , insert:

7A Use of audio links in civil proceedings

1 This section applies if—

a) a judicial officer or Registrar would otherwise have determined under section 7 that AVL be used for the appearance of a participant in a civil proceeding; or

b) the only reason that a judicial officer or Registrar would not have made such a determination is because AVL is not available.

2 The judicial officer or Registrar may determine that AL be used instead of AVL for the appearance of the participant in the civil proceeding if—

a) the judicial officer or Registrar considers the criteria set out in section 5 in deciding whether the use of AL is appropriate in the circumstances; and

b) the judicial officer or Registrar considers the potential impact of the use of AL on the ability of the parties to the proceeding—

i) to comprehend the proceeding; and

ii) to participate effectively in the proceeding; and

iii) to consult and instruct counsel privately; and

iv) to access relevant evidence; and

v) to examine witnesses; and

c) the judicial officer or Registrar determines that it is not contrary to the interests of justice to use AL instead of AVL.

3 However, the judicial officer or Registrar may not determine that AL be used instead of AVL for the appearance of the participant in the civil proceeding if the proceeding is the hearing of an application for which the participant must be present under—

a) section 121 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or

b) section 19 of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or

c) section 76 of the Substance Addiction (Compulsory Assessment and Treatment) Act 2017.