The Government is progressing legislation to ensure that courts can continue operating safely and effectively as Covid-19 spreads in the community.

'Access to justice through the courts is vital to a fair and democratic society,” says Justice Minister Kris Faafoi.

'The courts must continue to operate during the pandemic to enable people to access justice. When people attend court they must have a reasonable assurance of safety.

'To date, measures to keep Covid-19 out of the courts have largely worked. However, additional safety requirements are needed to manage transmission risks under the Covid-19 Protection Framework, as more people are active and while there is Covid-19 in the community.

'I know people who are essential to our justice system operating fairly – like jurors and lawyers – are apprehensive about entering the courts. Courts carry transmission risks, as they involve people mixing for extended periods.

'In the near term, as we respond to the impacts of Omicron, more proceedings are happening remotely. This Bill is necessary to support safe physical court proceedings,” says Kris Faafoi.

The Government has therefore agreed to make legislative changes that will apply during the Covid-19 pandemic.

These changes will ensure the judiciary and the Ministry of Justice, who are responsible for the safe running of the courts, can provide court participants with an assurance of safety while also maintaining access to justice.

The proposed changes will strengthen the existing ability of the judiciary and Ministry to set and enforce conditions which people must meet when entering and remaining in any court and tribunals; and enable the judiciary to set additional conditions for selecting and managing juries to reduce close and prolonged mixing of jurors.

For example, Court Security Officers will be able to request evidence of a person's compliance with the entry conditions set by the judiciary and Ministry to reduce the risk of Covid-19 transmission, and refuse entry and remove people based on non-compliance with the conditions.

The changes will also mean that jury selection can take place outside court buildings, where alternative venues need to be used to reduce close physical contact between jurors.

The Ministry and Judiciary will set conditions, as required, to respond to Covid-related health and safety risks. However, a judge will be able to depart from general safety conditions in individual cases in order to ensure people's rights are not compromised.

People will also still be able to access the courts when they are legally compelled to do so even if they do not meet entry conditions; for example, if they are a criminal defendant.

'The changes need to progress urgently, particularly in light of the spread of Omicron,” says Faafoi.

The Government aims to have the law change in place by mid-April.