New Zealand Law Society - Cyclone Gabrielle Updates

Cyclone Gabrielle Updates

Cyclone Gabrielle and its aftermath has caused significant disruption to legal services and court operations in Hawke’s Bay and Tairāwhiti in particular. The Law Society has continued to provide updates to the profession with the latest information from the courts, emergency management officials and local practitioners.

Updates for the profession

20 April 2023 - PLS webinar recording now available

Property transactions in the aftermath of extreme weather events 

The Law Society’s Property Law Section recently hosted a livestream webinar panel session concerning the various transactional Toka Tū Ake | EQC and insurance scenarios following the recent severe weather events. A recording of this webinar is now available for a nominal fee of $40.00. This represents exceptional value and offers expert insights that are particularly pertinent for those practising in regions that were impacted by extreme weather events, both now and in the months ahead.

Hosted by PLS Chair, Mark Sherry and Deputy Chair, Kristine King, the panellists include:

  • Mark Colthart, Barrister | Arbitrator, FortyEight Shortland & PLS Executive Committee member
  • Bernadette McDougall, Head of Claims, Toka Tū Ake | EQC
  • Duncan Terris, Director, Terris Legal & PLS Executive Committee member
  • Peter Woods, Partner – Litigation, Anthony Harper

Topics covered in by these experts include:

  • contracts on foot at the time of a disaster – cancellation or compensation?
  • damage to land only, or damage to the house only – from the landowner’s perspective, and disclosure for your purchaser client
  • selling property subject to an insurance claim and assignment
  • dispute resolution – scoping repair costs: getting the right advice at the outset.

Get your post-webinar package here.

 

16 March 2023 - Law Society's wellbeing response

The Law Society is leading a collective and intentional wellbeing response for legal practitioners and their support staff impacted by Cyclone Gabrielle. 

In addition to the existing professional and practical support that is being afforded to the members, the Law Society would like to offer a further level of assistance by connecting them with Canterbury-based lawyers to offer collegial and business support.

The level of support may include:

  • Checking in regularly with an individual, team or law firm to offer peer supervision
  • Provide expertise in the area of disaster response, insurance litigation
  • Being on the end of the phone/zoom to have a cup of coffee or connect
  • Sharing of any key microsteps or helpful wellbeing tools put into practice following the Christchurch Earthquakes.

It is intended to function as a "peer support" network by connecting colleagues with similar shared experiences and does not replace the psychological and/or professional support that is already available.

Peer support and connection is an important resource than can assist in the disaster recovery process. Canterbury members know all too well how valuable this resource can be and we are grateful to the firm’s and individuals who have offered their time and support to their North Island colleagues.

We are also grateful to Dr Sarah Anticich, Clinical Psychologist, who has not only offered her time to support our effected members but is also the key facilitator of the Stepping Forward Wellness Programme which was successfully launched in Canterbury last year and is now being offered to our members in Otago, Christchurch, Wellington and Auckland.

23 February 2023 - Chief Justice's update on courts operations in Tairāwhiti and Hawke’s Bay

The Chief Justice has provided an update on courts operations in Tairāwhiti and Hawke’s Bay. Please read her update below:

Courts operations update from the Chief Justice

The Chief Justice announced today that there will be no jury trials in Tairāwhiti and Hawke’s Bay until after Easter weekend.

“We have made this decision in order to relieve pressure on the profession, court staff, judiciary, and the community in the aftermath of Cyclone Gabrielle,” the Chief Justice said.

Jury trials will resume on 17 April 2023 in the Gisborne District Court and on 8 May 2023 in the Napier District Court.

Work is underway to give new hearing dates to trials which are adjourned as a consequence of these arrangements.

Any counsel with time critical trials that were scheduled to be heard before resumption of trials in Tairāwhiti and Hawke’s Bay may make application for change of venue in the normal manner. Any applications for change of venue will be given priority for determination.

There are no High Court jury trials scheduled in Napier or Gisborne until after Easter.

Work is continuing to restore usual court operations in Tairāwhiti and Hawke’s Bay. The current state of these courts is:

  • Gisborne District Court is open and dealing with priority proceedings.
  • Ruatoria District Court and Wairoa District Court remain closed.
  • Napier District Court will reopen on Friday 24 February for priority proceedings.
  • Hastings District Court is open and handling priority work and arrests for Hastings and Napier.

Next week all scheduled work will resume at Napier, Hastings and Gisborne District Courts with the exception of jury trials. The local solution framework will continue to apply to all of these courts and can be utilised as and when necessary.

23 February 2023 - LawPoints Cyclone Gabrielle edition

LawPoints Issue 633 focussed on updates and information for the profession regarding Cyclone Gabrielle.e

Click here to read this week's LawPoints

23 February 2023 - Family Court update

Judge Callinicos has issued a memorandum in regards to Family Court Operations over the following weeks:

Re: Consequences of Cyclone Gabrielle for Family Court Operations

As the initial trauma of last week’s cyclone subsides, the Judiciary and Court are very aware that many people will have suffered greatly, and many will be anxious about what is happening with their existing Court proceedings.

This memorandum seeks to assure all Court users (whether they be Court Staff, parties, Lawyers or witnesses) that the Court wishes to ensure that all ongoing directions and matters are formulated or conducted in a way which best meets the individual circumstances of persons who have been seriously impacted by the floods. Given the current absence of Judge Blake, and the need for an urgent message from the Court, this memorandum has issued after consultation with Registry Managers. Upon her return, I leave it to Judge Blake as to whether she wishes to add to or amend any aspects of this Memorandum in so far as the Hastings Court is concerned.

I am very aware of the immense difficulties posed to people in travelling between our two cities and the likelihood that such difficulties will continue for many months to come. Every attempt will be made to ensure that, wherever possible, persons impacted by those logistical limitations can attend remotely. Likewise, for those who can attend Court, in person attendance is the normal position.

Against that background, I have asked both Napier and Hastings Registries to manage files as follows:

1. The priority is to triage all forthcoming Court events (e.g. hearings, reviews or conferences) to ascertain whether the particular event is able to proceed as scheduled and, if so, whether in person at Court or by remote means such as AVL.

2. To enable the Court to make meaningful directions and arrangements, we need to hear urgently form any lawyers, parties or witnesses as to whether their ability to attend scheduled Court events has been seriously impacted by the cyclone,

3. You are invited to contact the Family Court at Napier (for Napier matters at duty@justice.govt.nz ) or Hastings (for Hastings matters at withoutnotice.hastings@justice.govt.nz ) and advise whether your ability to attend Court in person is seriously impacted. If so, please advise some background reasons (e.g. bridge washed out) and whether you are able to attend by any remote means (and what type of remote device you have),

4. Once such information is received, the Registry may amend existing directions to best accommodate all persons for that Court event. This might involve adjourning the particular matter to another date,

5. After those priority matters have been dealt with, the Registry will be reviewing all existing Registry or Judicial directions and ensuring that, where necessary, amended directions will be issued,

6. If lawyers or self-represented parties have any other important issues, concerns or suggestions for ongoing practice, they can email them to the relevant Family Court Manager (Bruce Mansfield in Hastings Mansfield@justice.govt.nz or Hautonga Te Maipi Hautonga.TeMaipi@justice.govt.nz ). Such issues or concerns should not be sent directly to the file Case Officer, as they may not actually be at work.

Finally, I ask all Court users to be patient and respectful to our Registry staff. Like many people in the community, they too have suffered losses and stresses. We wish for everyone to work collaboratively with the common purpose of advancing your cases as smoothly as we can through these troubling times.

Best wishes,

Peter Callinicos
Family Court

21 February 2023 - Pro bono services

The Law Society has received a number of offers from lawyers who want to help. We are coordinating with Te Ara Ture and the New Zealand Bar Association and we will shortly be able to provide details on how lawyers can register to provide pro bono legal services.

21 February 2023 - A message from the Gisborne Branch President

The Gisborne Branch President, Manaaki Terekia, has written a letter to practitioners in the Tairāwhiti region. That letter is reproduced below.

A message from the Gisborne Branch President
Tēnā koutou katoa,

We hope you and your whānau are safe following the cyclone. I wanted to write and acknowledge the stressful time we’ve faced and the difficult recovery journey we are on together.

Tairāwhiti practitioners have been particularly hard hit by this event. We’re all coping with intermittent internet, power, water and communication difficulties and some servers may be down for some time.

I am sure fellow practitioners will be understanding and assist those who are unable to complete transactions or comply with deadlines.

I wanted to take a moment to give props to our local lawyers. In spite of the day to day struggle, everyone has pitched in to to keep access to justice moving forward. This has included:

  • Regular drop-ins to the Police Station to see if people need legal assistance,
  • Sharing Starlink connections to progress settlements;
  • Door knocking to check on colleagues and spread the latest court communications; and
  • Turning up to Court this morning, fully suited, ready to get on with priority business.

I do particularly want to acknowledge the efforts of Tiana Epati. Tiana has been key in liaising with the judiciary and Courts and getting messages through. Including picking up Trish Torrey from the airport, getting a satellite phone to Judge Cathcart and cycling 9km to check on the status of the internet, power and communications in central Gisborne. She’s also been liaising with the legal publishers and the Law Society over access to legal resources.

Legal resources access
There is an arrangement for lawyers to be given a month-long free trial of Westlaw if they email: nicola.cody@thomsonreuters.com or tanya.hampton@thomsonreuters.com

We are working on temporary access to LexisNexis and will provide an update later.

Courts – the new Courtroom 4
The Chief District Court Judge Heemi Taumaunu has made a series of decisions about court operations in Tairāwhiti . These decisions are being reviewed daily and reflect the fluid nature of the situation and the capacity of the courts to operate in challenging circumstances.

As you know, the Gisborne District Court building is still unable to be occupied but court hearings dealing with priority proceedings resumed yesterday afternoon in the courtyard adjacent to the staff room – Courtroom 4!! These proceedings were open to the public and media representatives. We are able to use Courtroom 3 inside the Court for priority proceedings today.

We hope to have an update on what arrangements will be in place for Wairoa in the next couple of days.

The Law Society have publicised the Legal Community Counselling Service which can be accessed free of charge on 0508 664 981. I urge those who have been affected to take the offer of this free counselling service.

Waiho i te toipoto, kaua i te toiroa. Please take care of yourselves, your whānau and each other.

Kia kaha

Manaaki Terekia
Gisborne Branch President

20 February 2023 - Update for Hawke's Bay

The Hawke's Bay Branch President, Richard Stone, has provided a letter for practitioners. We have also received an update from the Chief District Court Judge. Details are below.

A message from the Hawke's Bay Branch President
Tēnā koutou,

I hope you and your whānau are safe and well following the cyclone.

I recognise that Napier practitioners have been particularly hard hit by this event. I understand that power is still intermittent there and some servers may be down for some time.

I am sure fellow practitioners will be understanding and assist those practitioners who are unable to complete transactions or comply with deadlines.

If anyone has specific issues, please contact me (06 878 7761) and I will attempt to point you to the appropriate assistance.

We have had offers of accommodation and use of office facilities from out of town practitioners.

For those Napier practitioners needing AVL facilities to appear in Court, the PDS in Hastings have offered their suite. Please contact Sheila Cameron on 027 270 2086.

The Law Society have publicised the Legal Community Counselling Service which can be accessed free of charge on 0508 664 981. I urge those who have been affected to take the offer of this free counselling service.

The Ocean Beach cricket match scheduled for this week has been cancelled.

Please take care of yourselves, your whānau and each other.

Kia Kaha

Richard Stone

Hawke's Bay Branch President NZLS

 

An update on courts in Hawke's Bay and Tairāwhiti
The Chief District Court Judge Heemi Taumaunu has made a series of decisions about court operations in the Tairāwhiti and Hawke’s Bay regions. These decisions are being reviewed daily and reflect the fluid nature of the situation and the capacity of the courts to operate in challenging circumstances.

In Tairāwhiti, the Gisborne District Court building is still unable to be occupied as of Monday but court hearings dealing with priority proceedings will resume this afternoon in an outdoor courtyard adjacent to the court building. These proceedings will be open to the public and media representatives.

In Hawke’s Bay, Hastings District Court has reopened to the public and priority cases are being heard. The public and media representatives are able to attend.

Napier District Court remains closed and priority matters from Napier will be heard in Hastings. The Wairoa District Court remains closed until Saturday 25 February (inclusive).

All jury trials in the Hawke’s Bay and Tairāwhiti regions have been vacated for the week of 20 February and anyone summoned for jury service is not required to attend.

20 February 2023 - Update from the Chief Justice on the impact for Tairāwhiti and Hawke's Bay

The Rt Hon Dame Helen Winkelmann, Chief Justice of New Zealand, has provided an update on the impact of Cyclone Gabrielle on the profession and courts in Tairāwhiti and Hawke's Bay.

Tēnā koutou e ngā rōia,

Below is an update on what we know of the current state of the courts in areas affected by Cyclone Gabrielle, and some other relevant information. As you will be aware from ongoing news coverage, many areas are under enormous pressure, but the focus of this letter is on Tairāwhiti and Hawke's Bay – where the impact on the profession and the courts is most acute.

Communications are proving problematic in these regions. Although we are continuing with our usual means of communications, in addition for the courts in Tairāwhiti and Hawke's Bay, we are posting court-related updates on courthouse entrances and at police stations at 9am and 5pm daily.

The situation is changing by the hour – the information below is accurate to the best of my knowledge at the time of writing, but for the most up-to-date information, please contact the Court Manager.

Health and safety considerations remain paramount
We are adhering to health and safety guidance in relation to entry to court buildings.

At the time of writing, the Gisborne and Napier courthouses have not been cleared for use by judges, court staff or the profession.(1)

Impact on the profession
Judges are mindful of the effects of Cyclone Gabrielle on the profession – not just the disruption of their ability to do work, but also the difficulty of attending to the basics of living, such as getting groceries. Judges will be conscious of the likelihood that lawyers will need more time to take steps in proceedings and in respect of timetables.

For Hawke's Bay-based practitioners
An offer has been extended to the local profession to utilise the Public Defence Service’s office space and Wi-Fi in Hastings. The office is also equipped with an AVL terminal.

High Court – Status and Operations
The High Court registries in Gisborne and Napier are currently closed (as they share premises with the District Court). Matters scheduled for these locations are being managed (and where possible, heard) from the Wellington High Court. This includes urgent applications such as Habeas Corpus.

District Court – Status and Operations
All District Court sites in the Tairāwhiti and Hawke's Bay regions have been affected in some way by Cyclone Gabrielle. Urgent applications thus far for these locations have been picked up and managed by other courts (including urgent Family hearings and Mental Health matters).

All jury trials in these two regions for the week of 20th February have been vacated. Jury trials in March may also be deferred – with consideration to be given to the capacity of the profession and prospective jurors to participate, and the state of jury trial facilities. A final decision on this will be made in the next week.

The Gisborne District Court is not cleared for occupancy and remains closed until at least Monday 20th February (inclusive). The building is pending a safety assessment (due to be conducted on Monday 20th) and water and internet connections are being restored.

The Executive Judge for Gisborne is meeting with the profession and other stakeholders at 8:30am on Monday 20th February to discuss short-term arrangements for justice services in Tairāwhiti. Because the building is closed, the meeting will take place outdoors in the grounds of the courthouse.

The Ruatoria Hearing Centre and Wairoa Hearing Centre are not cleared for occupancy and are closed until at least Saturday 25th February (inclusive), until access to that area by road is restored for a safety assessment to be undertaken and for court staff to travel safely from Gisborne and have capacity to support their operation.

The Napier District Court is not cleared for occupancy and remains closed until at least Wednesday 22nd February (inclusive) while power is restored and access to conduct a safety assessment is pending.

The Hastings District Court is cleared for occupancy and will resume operation from Monday 20th February – with three District Court Judges scheduled to prioritise and hear all in-custody matters for Napier and Hastings. Road access from Napier to Hastings is open, but delays can be expected.

The Waipukurau Hearing Centre is not cleared for occupancy and remains closed indefinitely as its operation is dependent on staff from the Hastings District Court. This court only operates monthly.

A District Court Local Solutions framework is in place for all of the above-listed locations, with limited priority proceedings being heard (either in-person or via AVL).

The Chief District Court Judge continues to publish information on the status of court operations and the applicable Local Solutions framework on the District Court website. Please see updates on this page for the latest information.

Specialist Courts – Status and Operations
The Māori Land Court at Tairāwhiti (Gisborne) is not cleared for occupancy and is currently closed until the building has been assessed for safety, and the water supply and internet connections. The court is not scheduled to sit until early March.

The Māori Land Court at Tākitimu (Hastings) and Coroners Court at Hastings both share a building with the District Court, and are both cleared for occupancy but are not scheduled to sit until early March.

The Chief Coroner, Judge Anna Tutton, is coordinating the coronial response to Cyclone Gabrielle from Palmerston North, working closely with Police and pathologists. All reportable fatalities associated with the cyclone nationally are being referred to this Palmerston North-based team, in keeping with the standard operating procedure for potential mass fatality incidents.

The Employment Court and Environment Court are largely unaffected by these events. Any hearings that were scheduled to take place in Tairāwhiti or Hawke's Bay and are unable to continue are being rescheduled or relocated. Please contact the Court Manager in the first instance if you have any queries.

Further updates
Heads of bench and I are coordinating on a daily basis with leaders of the profession, the Ministry of Justice, and other justice sector agencies. We will keep you updated as the situation continues to unfold.

I will also continue to communicate via the Courts of New Zealand website and social media channels (Twitter and LinkedIn) and through posting notices as outlined above.

Support available to the profession
The Law Society’s Legal Community Counselling Service can be accessed free-of-charge by calling 0508 664 981.

Thank you
To close, I want to thank you all for your efforts. I acknowledge the grace, pragmatism and good humour being shown by practitioners, judges, and court and Ministry staff who have worked so hard to ensure that justice can continue to be administered in Tairāwhiti and Hawke's Bay.

Stay safe and look after yourselves, your whānau and your colleagues.

Kia kaha, kia haumaru,

Helen Winkelmann
Chief Justice | Te Tumu Whakawā

(1) For a building to be cleared for occupancy, among other things it must have been certified as structurally sound, must have a safe and stable power connection, and must have potable drinking water, working lavatories and sufficient water pressure for fire sprinklers.

17 February 2023 - An open letter from the Chief Justice

The Rt Hon Dame Helen Winkelmann, Chief Justice of New Zealand, has written an open letter to practitioners dealing with the effects of Cyclone Gabrielle:

Dealing with the effects of Cyclone Gabrielle
On behalf of the judiciary, I express my sympathy and concern for practitioners and others affected by Cyclone Gabrielle. I acknowledge the terrible impact that the Cyclone has had upon lives, homes and livelihoods. The damage to the Hawkes Bay and Tairāwhiti regions is of such extent that this is impacting upon the operation of the courts, and I have no doubt, upon the ability of lawyers to do their work of representing their clients.

At this stage I write to set out how the courts will operate over the next week to respond to this reality, as communities in Hawkes Bay and the Tairāwhiti regions deal with the impact of Cyclone Gabrielle.

Immediate aftermath
The courts recognise that some counsel will have significant difficulty in serving their clients until power, phone and internet services are working reliably. The Ministry of Justice is working to ensure that courthouses have power and access to the internet and will endeavour to support counsel in accessing these services.

Communication is very difficult in the region. We are working with the New Zealand Law Society and the Ministry of Justice to set up a means of getting information to lawyers in areas where communications are compromised.

Supporting lawyers
The judiciary understands that it may be difficult to comply with timetable orders given the current conditions in the region. Judges will of course be understanding of the difficulty under which counsel will be operating and that timetables may not be able to be complied with and may need to be redrawn.

We are also very interested to hear from the profession about what steps we can take to support lawyers in representing their clients in matters before the courts.

Conduct of priority proceedings
Limited court business is being conducted in the affected regions. Heads of bench and I are working closely with the Ministry of Justice to resume court business for priority proceedings next week.

Courthouse re-openings
The District Court has implemented its local solution framework in the Tairāwhiti and Hawkes Bay regions, and this will guide scheduling once the courthouses re-open. The Chief District Court Judge will update court users regularly on how the courts in Gisborne, Ruatōria, Wairoa, Napier, Hastings and Waipukurau will operate under this framework.

High Court
The High Court will contact counsel directly about any matters scheduled over the course of the next week.
Urgent matters can be filed in the Wellington High Court by e-filing.
CIVIL – WellingtonHC@justice.govt.nz
CRIMINAL - wellingtonhccriminal@justice.govt.nz

If you prefer to contact the High Court directly at any time, please call the Wellington High Court
Steven Bell – Criminal – 04 914 3694
Sheena Spiers – Civil – 04 914 3619.

Acknowledgements
Finally, I acknowledge the efforts of lawyers, the judiciary, and the court and Ministry of Justice staff based in the eastern North Island – many of whom are navigating the personal toll of the Cyclone on themselves and their whānau whilst working tirelessly to support the administration of justice. For this, I express my deepest gratitude.

I have asked the Ministry of Justice to arrange for copies of this letter to be displayed at the entrances of all affected courthouses and at police stations in the Tairāwhiti and Hawkes Bay regions.

Kia kaha, kia haumaru,

Helen Winkelmann
Chief Justice | Te Tumu Whakawā

17 February 2023 - Courts Update

A courts update on Gisborne and Hawke's Bay following Cyclone Gabrielle
The Chief District Court Judge has issued an update in relation to Cyclone Gabrielle and court operations in Gisborne and Hawke's Bay regions. Details are below.

Gisborne/Wairoa
It hasn’t been possible to enter the Wairoa District Court yet and that court will be closed until Saturday 25 February (with a review on 24 February).

Gisborne District Court is closed Friday, 17 February. A health and safety check has found no damage to the building. There is currently no internet available but they hope to have cellular connection soon. Most staff have been accounted for and they are continuing efforts to contact the remaining staff.

Next week:
The Court will reopen on Monday 20 February and the registry will be able to field inquiries from members of the public. However, limited work will proceed next week.
All jury trials set down for next week are vacated and will be rescheduled.
Also in the criminal jurisdiction, new arrests will be dealt with locally by a judge in-person on a daily basis – either at the courthouse or the police station. All non-priority criminal work will be rescheduled.
Priority criminal matters (including Youth Court) will be heard by AVL at other District Court locations. Custody matters that were scheduled to be heard this week and next will be or have been rescheduled to be heard remotely next week.
All Family Court non-priority proceedings next week are vacated and will be rescheduled. All Family Court priority proceedings will be dealt with remotely on the e-duty platform.
No civil cases are scheduled.
More detailed information about the rescheduling of priority cases will be provided as the logistics of how that will occur are confirmed and best endeavours will be made to contact counsel and other relevant stakeholders.

Napier and Hastings
It hasn’t been possible to enter the Napier District Court yet. The Hastings Court building is undamaged but has yet to have the necessary health and safety and IT checks. We are also concerned about the welfare of a number of staff. Both courts are closed Friday 17 February.

Next week:
Napier and Hastings District Courts will remain closed on Monday 20 February to Wednesday 23 February (inclusive). This position will be reviewed on Tuesday. Limited work will proceed next week.
All jury trials set down for next week are vacated and will be rescheduled.
Also in the criminal jurisdiction, adult and youth arrests are being and will be dealt with by other courts remotely by AVL from the Hastings Police Station. This will continue next week.
Priority criminal matters (including Youth Court) will be heard by AVL at other District Court locations. Custody matters that were scheduled to be heard this week and next will be or have been rescheduled to be heard remotely next week.
All Family Court non-priority proceedings next week are vacated and will be rescheduled. All Family Court priority proceedings will be dealt with remotely on the e-duty platform.
No civil cases are scheduled.
More detailed information about the rescheduling of priority cases will be provided as the logistics of how that will occur are confirmed and best endeavours will be made to contact counsel and other relevant stakeholders.
Update on Auckland Metro Courts FYI
Waitākere and North Shore Courts will be released from the local solution framework on Monday 20 February. Auckland District Court will remain under the framework.

It is expected that four jury trials will proceed from Tuesday next week, depending on repair work being completed.

All other Criminal, Family, Youth and Civil work will proceed as scheduled in the Auckland District Court.

Updates to follow
Further updates will be provided as more information is received.

16 February 2023 - Property Law Section

The PLS is aware that in the wake of cyclone Gabrielle various parts of the country, including in the Hawkes Bay, Gisborne and Wairoa, are without power and communication. If you are dealing with firms in those parts of the country, particularly in relation to settlements, then we ask you to liaise with your clients and to urge them to be tolerant given the circumstances. The firms in those regions will be working hard to be back up and running as soon as they can, but they will be facing personal challenges as well as business interruptions. It is times like this when the collegiality of our profession can be at its best.

Further, as floodwaters recede and systems get back up and running, there will be a need for parties to work together to assess damage to properties that may be subject to sale and purchase contracts or to lease arrangements. Given the scale of the weather disaster, this will take time and it will in many cases need to involve insurance assessments too. Again, patience and flexibility will be required, and practical solutions will no doubt need to be agreed between parties. The first place to start is with the terms of the relevant contract itself, but parties should also consider practical solutions or extensions, and lawyers should use their skills to help facilitate those discussions.

Mark Sherry
Property Law Section Chair

12 February 2023 - Auckland, Whangārei and Court updates

This afternoon, the Chief Justice issued a media release in relation to Cyclone Gabrielle and court operations over the next few days. Please see below the information the Chief Justice has provided in relation to the High Court and District Courts.

The past few weeks have been a difficult time for many. If you are going through a tough time, please feel free to contact the Legal Community Counselling Service on 0508 664 981. This is a free service provided by the New Zealand Law Society Te Kāhui Ture o Aotearoa.

We'll also share updates on the Law Society website and our Linkedin channel.

Noho ora mai – stay well

Katie Rusbatch
Law Society Chief Executive

Jury trials in Auckland, Whangārei adjourned until Wednesday 15 February in response to Cyclone Gabrielle
This morning MetService issued Red weather wind and rain warnings for Auckland and Northland. In light of these warnings, the Chief High Court Judge and Chief District Court Judge have adjourned jury trials in Auckland and Whangārei for Monday 13 and Tuesday 14 February, resuming Wednesday 15 February, the Chief Justice said today.

High Court
Three criminal jury trials scheduled to begin tomorrow (Monday 13 February) in the Auckland High Court will now begin on Wednesday 15 February.

A jury trial set to begin in Whangārei High Court tomorrow has also been postponed until Wednesday 15 February.

Jurors who were called to attend the Auckland High Court and Whangārei High Court tomorrow are being contacted by the Ministry of Justice and asked to attend on Wednesday 15 February instead.

Two civil hearings that were due to begin in Auckland High Court tomorrow will also be adjourned. Counsel for the parties will be contacted by the Court. On Monday 13 February, civil and criminal fixtures of one day or less will, if possible, take place remotely. Civil fixtures of more than one day will not sit. The Registry will contact counsel with further information.

District Courts
In addition to jury trials being adjourned in District Courts in Northland and Auckland, the local solutions framework is now in force in all District Courts in Auckland, Northland and Thames.

This means that courts have the ability to schedule priority work only, depending on local weather conditions. It is expected courts will reschedule most of their non-priority work if or when their location is upgraded to a Red weather warning. People affected by rescheduling can expect to be contacted by their counsel or Police.

Further guidance
At this stage, the above courts are the only ones affected. Further guidance will be issued on Courts of NZ and the District Court website if the situation changes.

Please ring 0800 COURTS for more information.

Links and key contact information

The Law Society has collated links to information the profession may find helpful, and key contact information for agencies and organisations.

We will continue to update the information below as new details come to hand. Click here to read more.

Representative support and information

To help support practitioners through this period, Membership Services have collated information and contact details for services and resources to help deal with the effects of the Cyclone.

Click here to read more.

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