Dear All,

Further to the recent notice from Auckland District Court regarding the implementation of the Chief District Court Judge’s Remote Participation Protocol from 1 December 2025, I am circulating a simple quick-reference criteria guide to assist defence lawyers when managing files involving defendants in Corrections custody.

This guide is designed so counsel can immediately identify when AVL will apply, when in-person appearances are required, and what steps we must take at the point of scheduling.

For the ease of reference I have done a guide which you can print and use and send to other colleagues as well.

Summary is below:

REMOTE PARTICIPATION – QUICK CRITERIA GUIDE FOR DEFENCE LAWYERS

(Effective 1 December 2025)

1. Does the protocol apply?

✔ Applies only to defendants in Corrections custody.
✘ Arrests from Police custody remain unchanged.

2. Hearings that will now be AVL by default

If the defendant is in Corrections custody, the following will ordinarily be scheduled as remote appearances:

• Entry of guilty or not guilty plea
• Name suppression
• Bail hearings
• Case review and list matters
• Disclosure conferences
• Pre-trial hearings where no defence evidence is called
• Jury trial callovers
• Pre-sentence and post-sentence monitoring
• Sentence reviews
• ISO applications
• CP(MIP) fitness (not disputed)

If you require an in-person appearance:
→ Advise registry at the time of scheduling and provide brief reasons.

3. Hearings that remain IN PERSON by default

These must be scheduled in person:

• First appearance in Corrections custody (where there has been no prior in-person lawyer contact)
• Any hearing where guilt or involvement is determined
• Disputed facts hearings
• Sentencing
• Sentence indications
• Pre-trial hearings where defence evidence is to be called
• ESO applications
• Contested CP(MIP) matters

4. Mandatory in-person (overrides all defaults)

If any of the following apply, the defendant must appear in person:

• Youth
• Interpreter or sign-language required
• Communication assistant required
• Mental illness, neuro-disability, intellectual disability
• Literacy/vision/hearing issues affecting comprehension
• Any factor preventing fair participation by AVL

Counsel should notify registry immediately and request in-person scheduling.

5. Notice requirements

For guilty pleas:

• AVL is default
• To require an in-person plea → 3 days’ notice must be given to registry with reasons.

6. Minimum standards counsel should expect from Corrections

• 15 minutes private pre-hearing consultation (AVL or audio)
• Ability for defendant to receive and review documents
• Ability to sign documents
• 15 minutes private post-hearing consultation
• Adequate AVL facilities (soundproofing, clear visibility, proper camera angles)

If these standards are not met, counsel may request an in-person appearance at the next date.

7. Practical decision pathway for counsel

1. Is the defendant vulnerable?
   → If yes, must be in person.
2. Is the hearing substantive (evidence, sentencing, guilt)?
   → If yes, must be in person.
3. Is it a plea, bail, review, or administrative event?
   → If yes, AVL by default.
4. Does fairness, complexity, or instructions require in-person?
   → Request in-person at scheduling.

8. Recommended practice for counsel

• Check the hearing type before the date is set
• Notify registry early if an in-person appearance is sought
• Raise any vulnerability issues proactively
• Ensure Corrections provides pre- and post-appearance consultation
• Record any AVL failures for future reference