9. KATE WILKINSON (National) Link to this
to the Minister of Justice
Does he stand by the Taskforce for Action on Violence within Families report, which claims that “Access to protection orders by victims will be enhanced.”; if so, why?
Hon MARK BURTON (Minister of Justice) Link to this
As the question indicated, the statement the member refers to is a statement made by the Taskforce for Action on Violence within Families. Although I am not a member of the task force, I am a member of the Family Violence Ministerial Team, which has received the report. The advice in the report is currently being considered, and the ministerial team, through the chair, will provide comment to assist the Government with its response.
How can the Minister not accept that the declining number of protection orders reported in the Ministry of Justice Family Court Statistics 2004 is indicative of the declining number of lawyers who are prepared to take on legal aid work and is reflected in the vulnerability that Blenheim Women’s Refuge and sexual assault clients face?
The concern I have to ensure the long-term viability of legal services is reflected, firstly, in the enhancement of the current legislation to broaden access to legal aid, and, secondly, in the national survey being conducted right now by the Legal Services Agency to ensure that we have accurate nationwide information on which to base future decisions.
Sue BradfordWhat will the Government do to ensure that Women’s Refuge will be able to provide adequate services to back up the recommendations in section 5 of the violence within families report, given that some refuges can barely survive now, much less cope with the ongoing increased demand?
Although I have no direct responsibility for funding decisions for women’s refuges—as I think the member understands—it is fair to say that the approach the Government is taking with the ministerial group and the senior officials who are involved in the task force is indicative of a determination to ensure that the quality of service that is available within the community is guaranteed and enhanced in the future.
Jacqui DeanHow can he have confidence in the legal system when judges are admitting to reading documents on protection order applications and making decisions on them “during a 15-minute tea break” and when every month since June last year there have been more breaches of protection orders than new orders granted, or is this the only way the Government can deliver speedy and inexpensive access to justice?
If the member wants to raise questions relating directly to the courts portfolio she should perhaps address those questions to the Minister for Courts. But I can say to the member—[ Interruption]; if her colleagues will allow her to hear—that I am aware that my colleague the Minister for Courts is undertaking considerable work to review and improve court processes to ensure that the quality of service delivered is enhanced and improved.
Will the Minister be taking steps to make sure that hard-pressed groups like Women’s Refuge are not having to do the legal work for women needing to take out protection orders, as is happening in some cases at the moment, so that women who need them will be able to take them out regardless of their income?
As I indicated in an answer to a previous supplementary question, work is being done now to look at the extent of legal aid requirement where it exists. In addition, I can inform the member that the Minister of Finance says the Legal Services Agency will be getting more spending. The Legal Services Agency will be reporting to me, in terms of the remuneration rates issue, to look at an appropriate setting and process for reviewing those rates, as I have indicated earlier, to ensure that that can be done as soon as the new legislation is bedded in.
Jo GoodhewHow can the Minister justify a statement made on his behalf in the House last week that: “This Government is taking the issue of family violence seriously.”, when Family Court cases—such as a woman and her new partner being stabbed to death by her former partner while she was in the process of getting a protection order—raise serious questions about the speed of the process and the availability of legal representation on protection order applications?
I have previously answered, effectively, that question. The Minister for Courts is looking at the speedy resolution of such cases.
How can the Minister justify a comment made on his behalf in the House last week that: “This Government has put more money into every agency responsible for reducing family violence.”, when Women’s Refuge has warned that its services could be cut because of a recent $21 million Budget funding shortfall although it has an 80 percent increase in the number of women who want protection from violent partners but want to remain in their homes?
I can confirm the accuracy of the comment made on my behalf. An increase in funding has been received, including by Women’s Refuge.
How can the Minister justify a statement he made to a Blenheim law firm in response to the firm no longer undertaking legal services work that: “The work of legal aid providers is a vital contribution to ensuring access to justice for all New Zealanders, and the contribution of providers to our communities is something this Government does value.”, when all his Government has done is escalate the shortage of legal aid providers by increasing eligibility without addressing the lack of funding; and how does this deliver speedy and inexpensive access to justice?
I can justify that matter because, contrary to the member’s assertion, there has not been a lack of funding. There has been a multimillion dollar increase in funding to ensure an extension of eligibility. I cannot apologise for the fact that the first priority of this Government was to ensure accessibility and entitlement to low-paid people before we put up the rates to lawyers.