Government Moves to Expand Remote Court Access with New AVL Legislation

New Zealand’s Government is overhauling the legal framework for the use of audio and audio-visual links (AVL) in courts, aiming to improve efficiency, accessibility, and consistency across the justice system. Courts Minister Nicole McKee announced that the existing Court (Remote Participation) Act 2010 will be replaced by a new law that encourages greater use of remote participation, backed by clearly defined Court Rules.

Enhancing Access and Efficiency

Minister McKee emphasised that “timely access to justice matters,” noting that the Government is leveraging technology to make the courts operate more efficiently. Remote participation, she said, has already shown its potential — but its application across the country remains uneven. “For example, in the past year, about two-thirds of potential appearances by people held in custody in the District Court were conducted via AVL. However, the usage rates varied dramatically — from as high as 96% in some courts to as low as 19% in others,” McKee explained.

The new legislation seeks to address these inconsistencies by establishing default appearance types for specific court events. This means court participants — including defendants, victims, lawyers, Police, Corrections, registry staff, and judges — will have greater clarity about when AVL should be used and when in-person attendance is required.

Clear Rules for Remote Hearings

The Ministry of Justice will collaborate closely with the judiciary to develop the new Court Rules. These will draw on existing judicial protocols and ensure that when remote participation is suitable, it becomes the default option. Nonetheless, judges will retain discretion to determine whether in-person hearings are necessary in individual cases, ensuring the “interests of justice” remain paramount.

“The new approach will help make justice more accessible, consistent, and efficient,” McKee said. “But most importantly, we can ensure that victims are better supported and heard.”

Supporting Victims and Safeguarding Proceedings

The framework will retain the recent entitlement allowing victims and their support people to remotely observe criminal trials and sentencing. This move is intended to reduce emotional strain, especially for those unable or unwilling to attend court in person due to safety or trauma concerns.

Additionally, the Government plans to strengthen safeguards around court recordings. New offences and penalties will be introduced for making or publishing recordings of court proceedings without permission. These measures are designed to protect participants’ safety, uphold fair trial rights, and make it easier for authorities to have unauthorized online recordings removed.

Towards a Modern, Consistent Justice System

The reforms mark a significant shift in New Zealand’s approach to court accessibility and digital participation. By embedding AVL as a standard tool, the Government aims to modernize court processes while balancing efficiency with the fundamental principles of fairness and transparency.

Minister McKee concluded that the changes “reflect a justice system that adapts to modern technology, improves efficiency, and ensures justice is both seen and served across all communities.”