Government advances legislation for court operations continuity in COVID-19

The New Zealand government has advanced legislation to ensure continuity of court operations amid the ongoing COVID-19 pandemic, the Ministry of Justice has announced.

While current measures to address COVID-19 in court operations are mostly effective, Justice Minister Kris Faafoi noted the need for additional safety requirements to manage transmission risks under the COVID-19 Protection Framework.

“I know people who are essential to our justice system operating fairly – like jurors and lawyers – are apprehensive about entering the courts,” he said. “Courts carry transmission risks, as they involve people mixing for extended periods.”

Faafoi explained that the legislation aims to support safe and effective physical court proceedings and to maintain access to justice during the pandemic; thus, it “needs to progress urgently, particularly in light of the spread of Omicron.”

The law will enable the judiciary to set additional conditions for selecting and managing juries. This means that jury selection can take place outside court buildings to reduce close physical contact between jurors. In addition, the legislation will allow certain people, like criminal defendants, to access courtrooms when they are legally obliged to do so despite non-compliance with entry conditions.

The legislation will also strengthen the powers of the judiciary and justice ministry to set and enforce conditions, which people must meet in attending court and tribunal hearings. Nonetheless, a judge can depart from these conditions in certain cases to ensure that people’s rights will not be compromised.

The government seeks to have the legislation passed by mid-April.