Supreme Court of New Zealand / Te Kōti Mana Nui o Aotearoa - Electronic document protocols
23 October 2020
Supreme Court of New Zealand / Te Kōti Mana Nui o Aotearoa
Electronic document protocols
The Supreme Court is introducing changes to facilitate greater use of electronic documents in its proceedings. The objective of these changes is to reduce costs and increase efficiency and convenience for counsel and parties.
The changes, which come into effect on 1 November 2020, are set out in a new Practice Note (for civil matters) and Protocol (for criminal matters) which provide guidance to counsel and parties.
The Practice Note and Protocol provide that the requirements for electronic documents that apply in the Court of Appeal will also now apply in the Supreme Court.
In relation to civil proceedings, the Civil Electronic Document Practice Note 2020 provides for the use of an electronic case on appeal and electronic bundle of authorities for civil appeals before the Court. In particular, an electronic case on appeal for an appeal to the Court of Appeal can be used again, with adaptations, for an appeal to the Supreme Court. Only two paper copies of the case on appeal will be required in future (instead of the six paper copies currently required) and only one paper copy of the bundle of authorities will be required (instead of six). The Practice Note also provides for the use of electronic documents for leave applications, with a consequent reduction in the requirements relating to paper copies.
In relation to criminal proceedings, the Criminal Electronic Document Protocol 2020 allows for, but does not require, the use of electronic documents for criminal appeals to the Supreme Court. For criminal appeals, the case on appeal is prepared by the Supreme Court Registry and is provided to counsel in electronic format. Counsel are encouraged to file and serve submissions, authorities and any other documents submitted by them in relation to an appeal in electronic format. The Protocol outlines the approved format for such electronic documents, again replicating exactly the format approved for documents filed in relation to appeals to the Court of Appeal. If the bundle of authorities is filed electronically, only one paper copy must be filed (instead of six).
Rt Hon Dame Helen Winkelmann Chief Justice