New Judge-Alone Trial Protocol to Boost Timeliness Across NZ District Courts

1 August 2025 marks a significant milestone for New Zealand’s justice system with the nationwide implementation of an updated Judge-Alone Trial (JAT) Protocol, aimed at tackling persistent delays and improving the flow of criminal cases through the District Court system. The update is part of the Government’s broader judicial reform strategy, which continues to focus on enhancing efficiency, reducing backlogs, and delivering fair and timely justice.

Minister for Courts Nicole McKee welcomed the protocol’s implementation, noting that its emphasis on case readiness and efficient scheduling aligns with the Government’s priority to strengthen the performance of the court system.

“Improving court performance remains a key priority for this Government. We appreciate the judiciary and justice sector’s collaboration in refining this important protocol,” said Mrs McKee.

Origins and Evolution of the JAT Protocol

The Judge-Alone Trial Protocol was first introduced in 2021 and piloted in select courts in 2022. It was developed as a response to growing concerns over trial delays, particularly in criminal proceedings where judge-alone trials (rather than jury trials) are the norm. Such trials, while generally quicker than jury trials, were increasingly being postponed due to case management inefficiencies and lack of early-stage readiness.

Through two years of stakeholder consultation—including District Court judges, prosecutors, defence lawyers, and Ministry of Justice officials—the protocol was revised to ensure that trials are properly prepared well before the scheduled date.

Key Features of the Updated Protocol

The revised protocol introduces a registrar-led teleconference between prosecution and defence, scheduled three weeks prior to the trial. This conference will serve as a final check on whether the case is ready to proceed, focusing on:

• Confirmation of witness availability

• Disclosure of evidence

• Legal issues requiring resolution before trial

• Trial length estimation and courtroom scheduling

• Any plea or resolution discussions still pending

This added procedural step is designed to flag any obstacles to proceeding on time, thereby reducing late-stage adjournments which burden the system and cause frustration to victims, witnesses, and defendants.

Another critical improvement is early morning scheduling reviews by courts. Judges and court staff can now begin the day by assessing upcoming cases, identifying opportunities to reprioritize or shift resources based on case readiness.

“Our goal is fair and timely justice for victims, defendants, witnesses, and whānau, helping communities heal and move on,” Mrs McKee added.

Supporting Broader Timeliness Targets

The protocol supports the Chief District Court Judge’s Timely Access to Justice standard, which sets an ambitious target: resolving 90 percent of criminal cases within legislated or practice-based timeframes. These include timeframes for first appearances, status hearings, and trial conclusion benchmarks.

This effort is part of a broader judicial modernisation agenda, which also includes:

• Sentencing Ready teams (to reduce sentencing delays)

• Case Review Hearing Guidelines (to ensure trial preparedness)

• Digital upgrades and court scheduling tools

• Cross-agency collaboration on prosecutorial uplift and staffing

Why Timely Justice Matters

Timely proceedings are crucial for all participants in the justice system. For victims, long delays prolong trauma and uncertainty. For defendants, justice delayed can mean either unnecessary detention or prolonged reputational harm. For witnesses, memories fade and engagement with the legal process can decline over time.

The Government’s justice strategy thus links timeliness directly to community trust in the legal system, restorative justice goals, and operational efficiency within the District Courts, which handle the vast majority of criminal matters in New Zealand.

Next Steps and Implementation

With the updated Judge-Alone Trial Protocol now in effect across all District Courts, the Ministry of Justice will monitor performance indicators and collect feedback from judicial officers and legal practitioners. Regular assessments will be used to refine future court practices and potentially inform similar protocols for other types of proceedings.

The rollout demonstrates a commitment to data-driven reform and inter-agency collaboration, as the Government continues to transform the justice system into one that is more responsive, inclusive, and streamlined.