Submissions

To: Ministry of Justice
Date: December 2024

Purpose

This submission’s core purpose is to advocate for expanded and accessible remote participation in Court proceedings to enhance access to justice for disabled people, recognizing that physical court environments often present significant barriers. DPA also seeks to ensure that all information is provided in accessible formats and that the needs of disabled Māori are equitably addressed within the justice system.

Summary of DPA submission

DPA advocates strongly for remote participation to enhance access to justice for disabled people. The COVID-19 pandemic underscored the vital role of remote participation, as traditional physical court environments often prove inaccessible. DPA cites examples such as a Deaf person unable to hear their name called, and a wheelchair user unable to serve on a jury due to an inaccessible juror's box. DPA supports allowing disabled defendants, victims, and witnesses to attend hearings remotely, especially when physical access is a barrier.

A key emphasis for DPA is that information on remote participation must be made available in all accessible formats on the Ministry of Justice Courts website. Furthermore, DPA advocates for equity for Māori disabledwithin the judicial system, noting their disproportionate representation among disabled populations and in prisons. They recommend supporting Māori disabled with access to Te Reo Māori in courts, including through trilingual interpreters and assistive technology for non-verbal individuals. DPA supports a purpose statement for new legislation that promotes remote participation to enhance justice, support efficient proceedings, and uphold open justice principles.

DPA also supports including the Coroners Court in remote participation legislation, provided that public and media remote observers can be excluded when sensitive information is shared, mirroring in-person court practices. DPA recommends that the Ministry of Justice, in partnership with disabled and other digitally disadvantaged groups, develop comprehensive remote hearing accessibility guidelines based on the Government Accessibility Charter.

A significant point of advocacy for DPA concerns jury service: while acknowledging rules for jurors to participate as a group, DPA highlights that inaccessible court premises often preclude disabled individuals from serving. DPA recommends giving courts the flexibility to allow disabled and/or D/deaf jurors to participate remotely and separately if accessibility needs cannot otherwise be met (e.g., inaccessible courtroom, online NZSL interpreter). They also urge that any new or redesigned court buildings be constructed to Universal Design (UD) standards to ensure physical accessibility, reducing the future need for remote accommodations.

Key Recommendation/Finding:

DPA recommends that, provided that any disabled and/or D/deaf juror who is chosen can notify the court in a timely manner that they have an accessibility need, that courts be given the flexibility to allow disabled jurors to participate remotely and separately.

Supporting Statement 1:

"Despite some legal advances, disabled individuals still face profound challenges within a justice system that is not designed to be universally inclusive."

Supporting Statement 2:

"Access to justice describes the fundamental right that everyone has to seek and obtain a remedy via formal or informal institutions of justice."