New Zealand is taking a major step toward a more efficient and accessible justice system through the expanded use of technology in its courts. The government is set to modernise the law governing the use of audio and audio-visual links (AVL), enabling greater consistency and performance across the legal system.
Courts Minister Nicole McKee announced that the Court (Remote Participation) Act 2010 will be replaced by a new framework that actively encourages the use of AVL in appropriate court proceedings. The forthcoming legislation will be supported by detailed Court Rules, outlining which types of court events should take place remotely and which will default to in-person hearings.
Minister McKee emphasised that “timely access to justice matters” and technology is key to fixing inefficiencies that have long challenged the system. Remote participation, she explained, has the potential to make the courts more efficient, consistent and accessible while ensuring that victims are better supported and heard.
Currently, the use of AVL varies widely between courts, from as high as 96% in some District Court criminal events to as low as 19% in others. The new law aims to reduce this disparity by establishing clear default appearance settings for specific event types. This will give all participants in the justice process, including defendants, victims, lawyers, Police, Corrections, registry staff and judges, greater certainty and uniformity in how technology is used.
The Ministry of Justice and the judiciary will collaborate on developing the Court Rules, drawing on the judiciary’s recent work on remote participation protocols. While the rules will promote technology use wherever appropriate, judicial officers will retain discretion to decide on in-person appearances where this better serves the interests of justice.
In addition, the updated framework will maintain last year’s entitlement that allows victims and their support people to remotely observe criminal trials and sentencing, ensuring continued accessibility for those directly affected by crime.
To protect the integrity and fairness of court proceedings, the new law will also introduce offences and penalties for unauthorised recording or publication of court sessions. These measures are designed to deter misuse of recordings that could endanger safety or compromise fair trial rights, while also enabling faster removal of such content from online platforms.
In October 2024, the Government announced a review of the Courts (Remote Participation) Act 2010 to modernise the law around attending court remotely, improve access to justice and enhance court performance.
Courts Minister Nicole McKee had said the law had not kept pace with evolving court practices or public attitudes to remote technology and had not been substantially reviewed in 14 years. The Act provides a framework for when court users can appear via audio-visual or audio links instead of in person.
Minister McKee noted that a modern law would enable greater remote participation, reduce time and costs for court users and benefit those with disabilities or living rurally. The Ministry of Justice sought public feedback through a discussion document on how the Act should apply, how decisions about remote participation should be made and when it should be used.
The review was part of a broader programme to improve court efficiency and performance, with consultation closing on 6 December 2024. As work on the detailed Court Rules progresses, the government plans to release information on default settings for public feedback during the parliamentary process next year.
By embracing technology in its courts, New Zealand is taking decisive action to modernise its legal landscape, making justice more consistent, accessible and fair for all. These reforms signal a future-ready justice system that balances innovation with fairness, ensuring all New Zealanders can engage with courts confidently and equitably.”