When the court is hours away, you may not need to travel at all.
If you live somewhere far from the court, and your court date is hours up the road, the cost of a charge starts to look like time off work, fuel and accommodation - appearance after appearance. Much of that travel can be avoided. And you aren't limited to whichever lawyer happens to be nearest, either.
This guide is general information, not legal advice about your situation - every case turns on its own facts.
A day on the road for a five-minute hearing
Criminal charges are filed in the court nearest the alleged offence, and cases usually stay there. If you live a long way from that court - a small town, a farm, a forestry block - each appearance can mean most of a day travelling for a hearing that lasts minutes. Many of those appearances are administrative, and there are proper ways to avoid making the trip for them.
What can often be done instead
The courts deal with this every day, in several ways:
- Appearing by audio-visual link (AVL). Courts can allow parties and counsel to participate remotely under the Courts (Remote Participation) Act 2010 - particularly for administrative and procedural hearings.
- Pleading by notice in writing. For minor charges, a plea can often be entered in writing without anyone attending court.
- Counsel appearing for you, with your attendance excused. In many cases the court can excuse a represented defendant's personal attendance at procedural hearings - your lawyer appears; you stay at work.
Which of these fits depends on the charge, the court and the stage of the case, but for routine appearances there is often no need to travel at all.
You don't have to use the nearest lawyer
When the closest firm is a general practice that does a bit of everything, engaging a specialist used to mean paying for their travel. Remote appearance changes that. A criminal charge is worth putting in the hands of someone who does criminal defence all day - and where that lawyer sits no longer needs to matter.
How it works with Luke
Luke acts for people throughout New Zealand and appears regularly by AVL. Instructions, conferences and documents are all handled by phone, video and email - the same way he runs matters for clients locally who simply prefer not to lose a day to a list hearing. Where a personal appearance genuinely is required - a trial, a sentencing - you'll know well in advance, and everything else is arranged around it.
Who this helps most
People who don't live near the court dealing with their charge; people charged while travelling or on holiday; those working away - forestry, fishing, film sets, seasonal work; and overseas visitors who have returned home with a New Zealand charge outstanding. In most cases, the travel is the easiest problem to solve.
Frequently asked questions
Do I have to appear in person for my first court appearance?
Not always. For minor (category 1) charges, a plea can often be entered in writing without anyone attending. For more serious (category 2 and 3) charges, a plea can generally only be entered without attending once a lawyer has been engaged to do it - one more reason to have representation sorted before the date rather than on the morning. This is general information; every case turns on its own facts.
Can Luke appear in my court?
Yes - Luke acts for people throughout New Zealand, appearing by AVL or, where a hearing requires it, in person by arrangement.
I've gone home overseas and have a NZ charge outstanding. What are my options?
Don't ignore it - an unresolved charge can mean a warrant and serious trouble at the border later. Depending on the charge, it may be possible to resolve matters with counsel appearing on your behalf. Get advice promptly.
Will appearing remotely count against me?
No - remote participation through the proper channels is routine, and courts deal with AVL appearances every day. What matters is that it's arranged properly and in advance.
Charged somewhere far from home?
Before you book flights or plan the drive, find out whether you need to travel at all. Confidential, no-obligation discussion.