10. KATE WILKINSON (National) Link to this
to the Minister for Courts
Does he agree that justice delayed is justice denied; if not, why not?
Hon RICK BARKER (Minister for Courts) Link to this
I do not agree with the member’s assertion; it depends on who caused the delay and for what purpose.
How can the Minister justify his answer in the House on 29 August that this Government is “doing heaps” by increasing the number of High Court judges in Auckland and Wellington only, and only by three; and how does this help the High Court in Christchurch, where the median waiting time for trials has ballooned from 143 days to 203 days, or the High Court in Gisborne, where it has gone from 109 days to 262 days—or are Christchurch and Gisborne at the bottom of the heap and not considered for his queue reduction strategy?
The increase in the number of High Court judges represents a 10 percent increase. While it is true that High Court cases have increased by approximately 63 percent over the last 5 years, in actual fact the waiting time has increased by only 20 days. Many courts have, in actual fact, had a decrease. The member picks and chooses her statistics.
Martin GallagherIn terms of the previous answer, what is the Minister doing to review and improve court processes, and how does that compare with work done previously?
This Government has invested substantially in courts. We have put $165 million into them. We have tidied up court buildings, we have built new courts, and we have put in an information technology structure. It is completely different from the case we inherited, where we had a paper-based system, dilapidated courts, underfunded courts, an inadequate numbers of judges, inadequate staff, and no staff training. We have made a dramatic turn-round.
How can the Minister expect us to believe that “the challenges are being addressed” or “staff numbers have increased”, when, in the South Island, court staff numbers have not increased by one person at all, for 3 years—or is access to justice in the South Island not a priority for this Government?
I can justify it quite easily by pointing out to the member that, of the many good statistics, criminal summary cases across New Zealand have decreased by 20 percent. Secondly, if the member was watching, she would have seen that I put out a press statement recently saying that the number of staff in the Christchurch court has been increased.
How can he justify his answer in the House on 29 August that “It is very easy to go and find a court here and a court there that has an increase in its queue.”, when median waiting-times for High Court jury trials in each and every South Island High Court have increased; and how can 100 percent of South Island High Courts be brushed off as “a court here and a court there”?
In terms of High Court cases outstanding in the civil jurisdiction, Rotorua has had a reduction of 55 percent, Timaru a reduction of 50 percent, Napier a reduction of 41 percent, Dunedin a reduction of 40 percent, and Palmerston North a reduction of 22 percent—I could go on. There are substantial reductions in many, many registries, including in the South Island.
Which statement does the Minister stand by: the one he made in the Otago Daily Times of 18 August that “Better use was being made of settlement conferences and mediations in civil matters”, or his response to written question No. 11333, provided on 31 August, that “Mediations in Civil proceedings occur outside the Court system. The number and proportion of civil proceedings settled by way of a mediation is unknown …”—or does he just not know?
Is mediation, then, just another euphemism for dumping cases off the court waiting list, or will cases be referred back to the lawyer, no doubt for further legal action on the basis that justice delayed is justice denied?
Mediation is a very important tool in resolving issues, and very often cases are resolved in mediation without the cost of a lengthy trial, and to the satisfaction of both parties. If there is no satisfaction, the case goes to trial.
Gerry Brownlee
Madam SPEAKER
Hon David Benson-Pope Link to this
I seek leave to table an article in today’s Timaru Herald, entitled: “Goodhew accused of misleading electorate”.