Portfolio: Courts

Proposals get tough on fine dodgers

beehive.govt.nz — Thu, 18 Sep 2008 15:19:55 +1200

Getting tough on people who don’t pay their fines is the message from a package of proposals announced today. These measures are in addition to the collection of fines at airports, and the pay or stay campaigns run by the Ministry of Justice.

"Proposals will be progressively introduced that will make it more difficult to avoid payment" said Courts Minister Rick Barker.

New measures proposed include suspending drivers’ licences for those with overdue vehicle-related fines, and allowing the Court to seize vehicles that are heavily financed or are of low value.

"Vehicle owners will be made responsible for fines incurred in their vehicle regardless of who was driving," said Mr Barker.

People will be automatically referred back to the courts when fines get to a certain threshold. This will allow a judge to take action to ensure offenders are penalised appropriately and fines do not get to unaffordable levels.

"Currently people seem to think that fines are ‘soft credit’ and they put other priorities ahead of getting them resolved. This is what we intend to change," said Mr Barker.

This proposal has been agreed in principle to allow the release of information about overdue fines and reparation to credit agencies.

The Ministry of Justice will work closely with the Privacy Commissioner to determine the best way to progress these proposals.

Under these proposals priority will also be given to fines and reparations in cases where the creditor had the ability to know the person’s debts before extending credit.

"If you knew your fines might affect your ability to put a new TV on hire purchase, you might be more likely to call up the court and make an arrangement to pay" said Mr Barker.

"To avoid all these measures, people just need contact the Court to pay, request to enter into a time to pay arrangement or request to have their circumstances considered by a judge. Avoidance is not an option."

Other changes will see offenders whose sentence could have been influenced by offering to pay reparation, who have then failed to do so, brought back to court for the judge to reconsider sentencing.

These moves follow a review of the current infringement system and are designed to address the 2.7 million infringements issued last year and the outstanding fines.

It is proposed that these measures be included in a Courts and Criminal Matters Bill that the government would look to introduce sometime next year.

Minister Barker said he was again pleased by the level of collaboration between the Transport agencies, NZ Police and Ministry of Justice.

People can contact their local District Court or ring 0800 4 FINES to resolve any outstanding fines or reparation.

New High Court Rules will benefit court users

beehive.govt.nz — Mon, 15 Sep 2008 19:29:33 +1200

Courts Minister Hon Rick Barker welcomed Parliament’s passing of the Judicature (High Court Rules) Amendment Bill last night. The legislation implements a major rewrite of the High Court Rules, which govern civil proceedings in the High Court.

“This may not be the most exciting piece of legislation to pass before the House this year, but for Court users it will be a considerable improvement,” Mr Barker said.

The new Rules will enhance accessibility for all Court users, as the language is easier to comprehend, and the structure and layout are considerably improved.

The new Rules, which come into force on 1 February 2009, will closely follow the content of current Rules, with additional provisions to respond to contemporary needs. One of these provisions will enable e-filing, from a date to be determined by Order in Council.

“E-filing is something I am really keen on, it will allow a much more efficient flow of matters through the courts,” Mr Barker said.

Minister Barker said he was particularly impressed by how cooperatively the House had worked to expedite the legislation, recognising the value and importance of this piece of work.

“After a lengthy consultation process, we introduced the Bill at the beginning of August and it passed in under two months. It’s a credit to the quality of the work that we had such unanimous support.”

The legislation is the culmination of more than five years of endeavour by the Rules Committee. The project was lead by Justices Baragwanath and Fogarty, and greatly benefited from the extensive legal knowledge and drafting skills of Dr Donald Mathieson QC, Special Counsel to the Parliamentary Counsel Office.

Mr Barker paid tribute to the many Judges, senior lawyers, legal academics, Members of Parliament on all sides of the House, and others who helped bring the legislation to fruition.

"The new High Court Rules represent an important improvement in civil procedure for all Court users," the Minister concluded.

New services for families at court

beehive.govt.nz — Mon, 15 Sep 2008 19:25:23 +1200

Courts Minister Rick Barker said that last Friday’s passing of the provisions in the Family Courts Matters Bill, is a welcome move to provide new services to families and extend the openness of the Family Court.

“The original Bill was split into 12 amendment Acts. One of the key provisions introduces family mediation to help families resolve disputes at an early stage and extends the availability of counselling to help resolve matters under the Care of Children Act 2004.”

Children who are involved in Family Court proceedings will be offered counselling for the first time.

“This counselling will help children who are taking part in mediation so they can form and express their views. It will also help parents know what is important to their child when making decisions about care arrangements,” said Mr Barker.

“Family Court processes and procedures will also be improved once the new legislation is implemented.”

The duties of the existing Family Court Registrars will be extended, and new Senior Family Court Registrar positions will be established to relieve Judges of some routine work.

“There are also new provisions for media extending the openness of the Family Courts from that provided under the Care of Children Act 2004, to now allow media to attend all Family Court proceedings,” said Mr Barker.

Anyone will be allowed to publish a report on Family Court proceedings, providing there is no information identifying vulnerable persons or children without leave of the Court. This will bring other Family Court proceedings into line with the provisions in the Care of Children Act 2004.

The more technical features, such as the attendance and reporting provisions will be put into place over the next few months.

Family mediation, counselling for children and the Senior Family Court Registrar positions will take longer as they are new services which require detailed design and implementation planning.

Minister Barker said “those involved in family court proceedings are always dealing with serious issues and these further improvements will assist in making the whole experience easier.”

Joint operations net over $1m in unpaid fines

beehive.govt.nz — Mon, 15 Sep 2008 19:16:24 +1200

More than $1 million has either been paid, or put under a payment arrangement, following joint operations between the District Court and the NZ Police over the past 12 months.

Courts Minister Rick Barker welcomed the cooperation between Collections staff and the Police, which is sending a clear message that people with outstanding fines or reparation to victims will be found and that they will be made to pay.

The joint operations see roadside checks set up around New Zealand and while Police stop people to check the vehicle, drivers’ licences and alcohol levels, Collections staff simultaneously check for any outstanding fines and reparation that may be owed.

"In the past year the two agencies have undertaken a total of 98 combined operations throughout New Zealand," Mr Barker said.

As a result 340 people had paid their fines in full, amounting to over $500,000, 295 people had entered into payment arrangements, totalling $344,000 and 827 vehicles were seized.

The Ministry of Justice and District Courts also work closely with the NZ Customs Service and Immigration to stop people with outstanding fines or reparation as they leave or arrive in New Zealand.

"The message that these joint operations send to the community is that you need to deal with your outstanding fines situation. If you are going to incur fines, you are going to have to pay them. You need to pay or work with Court staff to agree a payment arrangement,” Mr Barker said.

Judicature (High Court Rules) Amendment bill first reading

beehive.govt.nz — Mon, 15 Sep 2008 19:12:28 +1200

The Judicature (High Court Rules) Amendment Bill, which will implement a major rewrite of the High Court Rules, had its first reading in Parliament last evening.

In his first reading speech, Courts Minister Rick Barker said that “Court Rules govern the practice and procedure of the Court with their purpose being to facilitate the expeditious, inexpensive and just despatch of the Courts business. The proposed amendments constitute an important improvement in ensuring an effective and efficient Court system.”

In 2004, the Law Commission recommended the rules of Court be redrafted. The Government supported this recommendation, but recognised that it was a decision for the Rules Committee, which is chaired by a High Court Judge, and comprises the Chief Justice, the Attorney-General, the Solicitor-General, the Secretary for Justice and representatives of both the Judiciary and the legal profession. The Rules Committee undertook this redrafting between 2004 to 2008, with an exposure draft released in April 2007 for 3 months public consultation.

“One of the major goals in this rewrite has been to give the rules a general tidy-up by improving the rules structure and layout, by updating the language and removing obsolete rules and statutory references,” said Mr Barker.

Other changes include enabling people to use sign language during court proceedings, empowering the High Court to make an attachment order on a person’s source of income to assist the recovery of civil debt, clarifying the rules on service outside of New Zealand and the High Court’s power to grant interim relief in support of proceedings before a foreign court, and enabling the future implementation of electronic filing of documents.

“This rewrite has been no small feat and I want to express my gratitude to the Rules Committee and its advisers for their considerable endeavours.”

A record year for collection of fines at airports

beehive.govt.nz — Mon, 15 Sep 2008 19:08:59 +1200

More than $3 million fines and reparation has been collected this year through the government initiative that can stop people from travelling overseas if they have unpaid fines or owe money to victims of crime.

Courts Minister Rick Barker said today that the results are encouraging and highlight how serious the government and the relevant agencies are about collecting unpaid fines and reparation.

"New Zealanders are getting the message that if they have outstanding fines or reparation, they may be stopped at the airport and made to pay," Mr Barker said.

"The way to deal with a fine or a reparation order is to sort out payment. They will not go away by themselves. The fact that people can be stopped at international airports around the country should be a warning to everyone that the Court will take a tough approach with people who have outstanding fines."

The Ministry of Justice can match records with the New Zealand Customs and Immigration so people with serious fines or those owing reparation can be stopped and possibly arrested at airports when leaving or entering New Zealand.

The collection of fines at airports initiative began in September 2006, and has seen more than $5.6 million collected.

"Since it started, 165 people have been stopped at airports and, combined with nationwide publicity that encourages people to Pay the Fine or Pay the Price, more than $5.6 million has been collected. This includes $2 million being repaid by installments."

"Recent television advertising depicting New Zealanders missing out on their overseas holiday because of unpaid fines has been successful in bringing this message home to people.

“In reality the proportion of money we have collected because of this initiative is probably even greater than $5.6 million," Mr Barker said.

“It shows that it’s just not acceptable to have unpaid fines or reparation. Just making the move of picking up the phone and talking could lead to a stress free holiday. People should think ahead. No one wants to get to an international airport and find they can’t leave the country because unpaid fines or reparation haven’t been sorted out," Mr Barker said.

Courts Minister signals further work on e-filing

beehive.govt.nz — Mon, 15 Sep 2008 18:51:13 +1200

Speaking today at the inaugural New Zealand Lawtech and e-Discovery Summit in Auckland, Courts Minister Rick Barker highlighted the work being undertaken to look at expanding electronic filing.

“The plan to expand electronic filing is a step in the right direction for Courts to reduce the mountain of paper they deal with. It is an example of sustainable behaviour also allowing much greater efficiency," Mr Barker said.

“This award-winning electronic filing technology, which replaced the manual filing of infringement notices in 2007, saved a million pieces of paper in just the first year. 94 prosecuting agencies now electronically link to the Ministry of Justice, and this is just the beginning.

“E-filing of infringements was the test-bed, and it has worked well. The next step is to roll it out to the District Court, Criminal Summary jurisdiction and the Environment Court. Other jurisdictions will follow.

“More extensive use of electronic filing will reduce the current duplication of paper and electronic records, enhance access to information, improve access to justice, and allow greater flow of matters through the courts,” Mr Barker said.

“Consultation with members of the judiciary and key stakeholders is currently underway to assess how electronic filing could be used in the District Court, Criminal Summary jurisdiction and the Environment Court.

“The progression towards an expansion of electronic filing is a large and complex piece of work, and careful consideration of the implications for stakeholders is required.

"Making the public sector carbon neutral is part of the government's response to climate change and this initiative contributes toward that.”

Family Violence Courts Evaluations

beehive.govt.nz — Mon, 15 Sep 2008 18:43:11 +1200

Minister for Courts, Rick Barker, has welcomed the findings of research conducted on Manukau and Waitakere Family Violence Courts. The Ministry of Justice released the evaluation reports today.

“The Family Violence Courts, a judicial initiative, is a constructive improvement in the Justice system to assist in dealing with domestic violence in New Zealand. This evaluation will help to further improve the ongoing effectiveness of the Courts,” Mr Barker said.

The Ministry of Justice has been making ongoing improvements to the operation of these courts. Specifically, the evaluation’s findings validate the work the Ministry is doing to further improve how Family Violence Courts operate. Such work includes Family Violence Court training for court staff and key stakeholders, developing National Operating Guidelines and involvement in developing the new Independent Victim Advocates role for Family Violence Courts. In addition, the Government has provided funding for non-mandated counselling and rehabilitation programmes.

Internationally, Family Violence Courts have been set up in response to recognition across communities, governments and the judiciary that family violence requires a different approach to other forms of violence. Because the relationships are close and personal, the issues are complex and often the parties expect the close relationships to continue, but they want the violence to stop. The Justice system needs to provide for more complex situations and for issues to be addressed quickly. This is where the Family Violence Courts have been an improvement.

New Zealand's Family Violence Courts are a judicially-led response to community and government concerns about the extent and impact of family violence on our society. New Zealand’s approach shares many common themes with overseas jurisdictions, such as Government agency and community collaboration, dedicated judiciary and court days, promotion of victim safety and offender accountability.

“Family Violence Courts seek to provide a more holistic response to family violence than that currently available in the conventional court setting,” Mr Barker said.

“As our approach to these courts evolve, evaluations such as this assist in identifying what is working and what can be improved. We will continually look at how further improvements to Family Violence Courts can be made over time.”

Lawyers and Conveyancers Act comes into effect

beehive.govt.nz — Fri, 01 Aug 2008 14:19:38 +1200

The Lawyers and Conveyancers Act 2006 has come into effect today and the new protections for consumers have been welcomed by Associate Justice Minister Rick Barker. The purpose of the Act is to provide comprehensive protection for consumers of legal and conveyancing services, and promote and maintain public confidence in the delivery of these services.

"The Act introduces a new complaints service for customers of lawyers and conveyancers, and also establishes an independent three stage disciplinary process for reviewing complaints," Mr Barker said.

"New Zealanders are for the most part well served by lawyers and conveyancers but it is important we have a clear process for dealing with alleged breaches in the delivery of these services. The Act also enables customers to lodge complaints about the service they received or the amount they were charged. Previously, complaints about the standard of service were unable to be heard."

There are three parts to the new complaints and disciplinary system.

Standards Committees run by the Law Society or the Society of Conveyancers will hear complaints in the first instance.
If a party is dissatisfied with the decision, they may apply to the newly established Legal Complaints Review Officer, who has wide powers of review. The Legal Complaints Review Officer may confirm, modify or reverse the Standards Committee decision, award costs against either party, and can lay a charge with the Lawyers and Conveyancers Disciplinary Tribunal.
The Lawyers and Conveyancers Disciplinary Tribunal is the third part in the system and determines the most serious disciplinary charges against members of the legal and conveyancing professions. The Tribunal also receives applications regarding suspension, striking off and restoration of practitioners to the roll or register.

"This robust complaints and disciplinary process gives a voice to consumers that feel they have been unfairly treated and will ultimately benefit lawyers and conveyancers by ensuring that the few who do bring the legal profession into disrepute can be dealt with appropriately," Mr Barker said.

The Legal Complaints Review Officer and Disciplinary Tribunal are administered by the Ministry of Justice to provide independence and enhanced protection for customers.

The appointment of the Legal Complaints Review Officer and theDeputy Legal Complaints Review Officer were announced in June and the members of the Lawyers and Conveyancers Disciplinary Tribunal will be sworn in latter this month.

New regulations to help get P cases moving

beehive.govt.nz — Mon, 21 Jul 2008 09:30:30 +1200

Courts Minister Rick Barker has today outlined regulatory changes resulting from the Criminal Procedure Act aimed at freeing up High Court sitting time.

Regulations which came in effect on Friday 18 July mean that Class A drug cases, including methamphetamine cases, can now be heard in the District Court, instead of always being sent to the High Court.

"P or meth is a scourge in our communities and it is also a significant load on court resources and sitting time," Mr Barker said.

"The passing of the Criminal Procedure Bill has enabled the government to enact regulations which will give the judiciary greater flexibility in deciding where meth cases should be heard."

As of May this year, roughly half of the criminal cases awaiting trial in the High Court were methamphetamine related cases. The changes made will allow for less complex and lower end Class A drug offences to be heard in the District Court.

"This will free up High Court time to deal with more serious and complex cases both in the criminal and civil jurisdictions including some more serious sexual violence and serious violence cases which are currently being dealt with at a District Court level."

In 2003 methamphetamine was reclassified from a Class B to a Class A drug to reflect health and social harm caused to individuals and communities as a result of the use of this drug.

"Classifying P as a Class A drug reflected the government's and the communities concern over its devastating impact on New Zealand society. However, this had a major impact on the ability of these cases to move through the court system. This regulation change is one part of a wider process of reform to address this issue. I am confident that this change, alongside the other changes in the Criminal Procedure Bill will result in better access to justice for all New Zealanders.

"The changes made do not mean that P and other class A drug offending is being treated any less seriously. The sentencing options available to judges and the classification have not changed.

"All Class A drug cases will still be committed to the High Court first. A High Court judge will make the decision about whether a case should be returned to the District Court for trial or be retained by the High Court. The intention is that the more serious cases involving importation and multiple accused will generally be heard in the High Court, and less complex cases will be returned to the District Court," Mr Barker said.

The Regulations include a transitional provision, which allows cases that have been committed to the High Court and are awaiting the commencement of a trial to be re-committed to the District Court. New cases received by the High Court after Friday 18 July will be able to be referred to the District Court on a decision from a High Court Judge.

Government’s preferred approach to tribunal reform released

beehive.govt.nz — Mon, 14 Jul 2008 16:07:01 +1200

Courts Minister Rick Barker today launched a consultation document aimed at improving New Zealanders satisfaction with tribunal services.

Tribunals in New Zealand: the Government’s Preferred Approach to Reform outlines the government’s preferred approach for reforming tribunals, and seeks feedback on the proposals by August 29, 2008.

“Tribunals are a vital part of our justice system. They generally provide relatively cheap and quick ways to resolve certain types of disputes. 52,000 cases were filed last year in our tribunals, showing how important they are to New Zealanders,” Mr Barker said.

“There are many positive aspects to tribunals. The people that adjudicate in them and work in them are by and large capable and committed, and users surveyed said the tribunals were the most appropriate way to settle their dispute. However, there are some issues that have developed over many decades, as tribunals have been established on an ad-hoc basis to provide a means for resolving a certain type of dispute.

“There is no overall guidance or leadership of tribunals, there is duplication of resource, and inconsistencies in how they do their work, and what kind of powers they have. Too often users don’t get the information they need to let them participate effectively in hearings.”

Minister Barker said given the range of issues identified, the government was proposing different types of reform.

“The preferred approach keeps what is good about tribunals, and works to fix systemic issues and provide better support to users and tribunal members. I would like to commend the staff at the Ministry of Justice and the Law Commission and the members of the reference group for their efforts in delivering the proposal thus far”

The consultation document proposes a new legislative framework to bring more consistency and introduce basic minimum standards.

“A large group of tribunals would be brought together in one structure to enable better support and use of resources, and enhance coherence and leadership across tribunals. Having one unified tribunal structure means we can put in place helpful services like a freephone number and website, and provide the public with better information from the outset.

"The proposed tribunal changes are just one part of a wider package of reform. We are also restoring infrastructure, overhauling the legislation, instituting a process for continuous improvement, and constructively working with justice sector partners to enhance the access to justice and the justice experience for New Zealanders."

Under the government’s preferred approach to tribunal reform, comprehensive guidelines would be developed to ensure that new tribunals are not established in an ad hoc way and that the system remains strong and cohesive into the future.

“I want to see that tribunals encapsulate the hallmarks of courts, that they are independent and focussed on making sound, robust and fair decisions for New Zealanders,” Mr Barker said.

Budget 08 to deliver redeveloped court for Gisborne

beehive.govt.nz — Thu, 03 Jul 2008 16:36:12 +1200

Courts Minister Rick Barker has announced today that Budget 08 has provided funding for the redevelopment of the Gisborne courthouse. The announcement came during a visit to the Gisborne courthouse by the Minister and Labour MP Moana Mackey.

"Funding in this year's Budget will allow for major redevelopment of the Gisborne courthouse and will pull together all the region's court functions under one roof,” Mr Barker said.

"This is great news for the people of Gisborne and part of the government's wider building programme aimed at delivering first class justice services for all New Zealanders.

"$10.6 million has been allocated for this project which will include a new family and youth court.

"Since 1999, 41 court building projects have been completed up and down the country. This includes 5 new Courthouses and 28 refurbishments.

"Courthouses are a point of civic pride for local communities and it is important that they reflect the level of importance that we as New Zealanders place on the administration of justice."

Locally based MP Moana Mackey also welcomed the news saying that staff and court users in Gisborne and the East Coast deserve a new, modern facility.

"I am really pleased that Budget 08 is going to deliver a redeveloped courthouse in Gisborne. This funding will make a huge difference for the people who are involved professionally with the court and the wider community," Moana Mackey said.

At this stage the timeframe for construction is still being finalised. Concept plans will be developed that meet the needs of local court users and the community, then a tender for construction will be called next year.

Going now to local media Tender awarded for Whangarei Courthouse redevelopment

beehive.govt.nz — Mon, 30 Jun 2008 17:08:50 +1200

Courts Minister Rick Barker today announced that Mainzeal Property and Construction Limited has been awarded the contract to redevelop the Whangarei courthouse.

"I am pleased to advise the appointment of Mainzeal Property and Construction Limited to carry out the project which involves the construction of a new addition to the existing courthouse that will provide a new Jury courtroom and Jury assembly area, additional judicial chambers and increased custodial facilities," Mr Barker said.

"The redevelopment will see an additional 1173m² added to the existing court, and extensive alterations and refurbishment to the court building in Bank Street.

"Extensive site works and landscaping will also be carried out as part of the redevelopment.

"The redeveloped courthouse has been designed to meet the needs of the local community now and in the future. As well as being bigger the courthouse will have advanced security systems and will be capable of supporting the latest technology including video conferencing and evidence recording service.

"Construction on the project is scheduled to begin at the end of the month and is expected to be completed by September 2009.

"This project is part of the government's wider building programme to deliver first class justice services to New Zealand."

Initiatives to improve court services in Auckland

beehive.govt.nz — Tue, 24 Jun 2008 09:49:10 +1200

Hon Rick Barker's address to mark the opening on the new Auckland High Court Jury Assembly Area and Criminal Registry, Auckland High Court.

I am very pleased to be invited here today to officially open the Auckland High Court Jury Assembly Area and Criminal Registry.

Before I do the honours and cut the ribbon, I just want to take a minute to reflect upon my vision for the court system in New Zealand.

I have been the Minister for Courts since 2002. When I first became the Minister I decided that the best way to learn about my new portfolio responsibilities was to go on a fact finding mission. I got out of Wellington and went to the regions. I met court staff and had tours of many court buildings.

I saw neglected court houses and staff squashed into over crowded buildings that were not fit for purpose. Courthouses are recognised within the community as symbols of civic duty and pride. I think that the state of the local courthouse is a reflection of the importance that we as a society place on the administration of justice.

For this reason we have made a huge investment in bricks and mortar and improving the physical spaces in our courts. We needed to urgently address property issues so that the physical presence of our courthouses reflected the importance that we as New Zealanders place on the administration of justice.

To give you an idea of the extent of the problem, the courthouse in Queenstown had not been touched since it was built 130 odd years ago and the court in Greymouth was on the point of being condemned.

I am pleased to say to you now, that over the last eight years five new courthouses have been built and 28 major courthouses refurbished around New Zealand. Two courthouses are currently being built and eight more major refurbishments are either planned or underway.

It is important to remember that not everyone who comes to court is happy to be here. For many, it is a time of great stress and in some cases sorrow. The physical environment court users find themselves in can either greatly add to or reduce that stress.

Making sure that all court users and staff have a safe modern environment is of critical importance to this government.

My vision for the courts in New Zealand was born in my first few months as Minister. I see the possibility in the not too distant future of an electronic court room that makes full use of technology to enhance the service it provides.

This court room, for some hearings, could be paperless, with the exchanges between the parties being electronic, and not in an actual room or physical location.

Since I have been the Minister, I have been working towards that vision. I instigated a Baseline Review for the Ministry in 2004 and this gave rise to the Service Improvement Programme and an environment of continuous improvement. A number of initiatives are working towards making the court system resilient to the pressure of increasing court workloads, such as expanded evidence recording and transcription services and the Registrars’ Powers Handbooks.

Access to courts information has got better also; we now have Judicial Decisions Online, the Courts of New Zealand website and Mäori Land Online.

I now turn to the refurbishments of the Jury Assembly Area and Criminal Registry of the High Court. The refurbishments are part of an on-going programme, following the addition of extra chambers and conference room in 2006, and the refurbishment of the Civil Registry and the expansion of the Clerks’ area and library area in 2007.

The current refurbishment was undertaken to provide improvements to both the working conditions of the registry staff and the service it provides to its customers. This has been achieved to a very high standard. The Auckland High Court now provides a first class environment not only for staff but equally to the jurors, victims and visiting dignitaries, who along with counsel, will benefit from the improved facility.

Staff in the criminal registry now have a secure collective space, which is a vast improvement from their dispersed spaces of the past; and the Jury Assembly Area – used by more than 100 potential jurors each week – now has greater flexibility and better access to essential facilities. The new smart, dedicated layout will bring increased efficiency, improved traffic flow and create a more pleasant environment for hundreds of people every week.

The improved facilities will have a positive impact on juror experiences and line up with work being undertaken by the Ministry to improve services to jurors. We recently released a National Standard of Court Services for Jurors aimed at ensuring there is a consistently applied standard across the country and work to improve the way we provide services to jurors is ongoing.

Juries are a corner stone of our legal system and should be treated as such. The men and women who serve justice in this way are performing their civic duty and this new Jury Assembly Area will provide them with a dedicated facility worthy of their important role.

This refurbishment is the latest in a series of recent property initiatives. The Baseline Review also recognised, as I mentioned earlier, that many of our buildings had not been well maintained and a programme of deferred maintenance was undertaken.

There will be regular maintenance from now on and work will continue during the coming year on options for addressing the long term property needs of the Auckland High Court.

New technology is being introduced in court houses, such as digital audio evidence transcription, which is currently being extended to the Auckland High Court. This allows real time evidence recording and significantly reduces waiting times for transcripts.

Audio visual links, including in the Auckland High Court, is helping to bring about efficiencies by allowing Associate Judges in particular to deal with specified matters in a timely manner using technology.

This frees up judge time by reducing travel and increases access to justice by allowing cases to be progressed in a more timely manner. Policy work is underway on extending the use of audio visual links to other areas.

I also wish to take the opportunity while I am in Auckland to talk about the Auckland Service Delivery Programme.

This Programme is looking at the operational needs for metropolitan Auckland, to identify ways of helping courts deliver improved justice services to the region’s growing population.

The funding of $6.3 million announced in the 2008 Budget has been provided to enable the Ministry of Justice to engage in detailed design and planning for this project. Both short and long term initiatives are being considered to ensure we have both the physical resources – courthouses and infrastructure - and human resources needed in the right places to ensure the Auckland courts are well placed to serve their communities.

The money provided in the Budget covers phase three of the project and involves the detailed design and development of full business cases for the following initiatives:

Consolidating District Court, civil and family work into dedicated courthouses, initially through a primary civil and family courthouse in the Auckland.
Establishing specialist jury-trial courthouses at Manukau and Auckland;
Reconfiguring the existing main general courthouses in greater Auckland to focus on the high volume criminal summary and youth caseload;
Establishing a service centre for handling high volume correspondence, bulk processing, and telephone enquiries; and
Progressively moving to electronic filing and electronic court records.
Exploring the possibility of establishing a Community Justice Centre (CJC) in South Auckland to ensure greater community involvement, and broader services including social services are more available to address background factors, in lower-level criminal offending.

From a justice perspective, currently 35 percent of reported crime in New Zealand occurs in Auckland. Remand time is approximately 25 percent longer than the national average. Around 30 percent of all District Court jury trials nationwide are held at either Manukau or Auckland District Courts. On any average week, the District Courts in Auckland and Manukau have 17 new jury trials committed.

The Auckland Service Delivery project aims to address workload pressures and capacity issues, and create a vision for the future delivery of services in Auckland. The project will reconfigure services for the Auckland regions to ensure the provision of accessible and timely justice services. Key initiatives being explored include new facilities to support civil and family work, a service centre for bulk processing, purpose built jury trial facilities and new technology to support court processes.

The Ministry commenced a project looking at the long-term service delivery needs for greater Auckland in November 2006.

The initial phases of the project sought to identify the service delivery issues, opportunities, and possible options for greater Auckland.

This generated different ways in which the Ministry could reorganise the delivery of its services in Auckland. In particular, the project identified opportunities for moving to more specialised services and facilities, and greater development of electronic services and non face-to-face assistance.

The proposed service delivery model is expected to have a number of important benefits for users and other stakeholders. In particular, it is expected to produce:

Faster justice especially for victims and defendants in criminal matters as we deliver the capacity to meet forecast demand for Court services for the next 15 years.

More accessible services for general users including 24 hour a day, seven day a week assistance through a service centre. The service centre will handle bulk customer enquiries, high volume correspondence and applications. More information will be made available on the Internet, while face-to-face assistance will still be provided at the courthouse to those who need it.

Improved safety and security will be achieved through more effective separation of the various parties attending court, including victims, jurors, and witnesses. Civil and criminal proceedings will be physically separate, and more space will be provided for criminal matters at all major Auckland District Courts. This includes more cells allowing better segregation of young and vulnerable people in custody and more and better facilities for victims, jurors, agencies and other court users.

The consolidation of non-criminal caseloads into dedicated facilities will ensure services and facilities which meet the different needs of users. Court facilities for civil and family groups can be tailored to meet their needs and offer a more pleasant and less intimidating environment to resolve their cases. Other courts will focus on criminal and youth cases, and dedicated jury trial courthouses will consolidate indictable jurisdiction caseloads into purpose-built facilities.

Over time we will be implementing an operating model with more flexibility and scalability. Greater uniformity in services and facilities will make it easier to adapt services where needed. The usage levels of specialist resources like courtrooms and hearing rooms is expected to improve, by removing back-office processing and administration tasks out of courthouses. The unit cost of enquiries and basic processing will reduce through the establishment of a service centre, although total costs will rise as volumes in Auckland grow.

Greater efficiency can be gained by continuing to develop the use of electronic filing which was introduced for infringement notices in 2007. Expanding the use of this award-winning technology will reduce the current duplication of paper and electronic records, enhance access to information, improve access to justice, and allow greater throughput of matters through the courts. Work is underway to assess how electronic filing could be used in the Environment Court and District Court Criminal Summary jurisdictions. This work will involve consultation and input from members of the judiciary and other justice stakeholders.

An example of how electronic filing could be used is by removing the Criminal Information Sheet from the criminal summary process. Police manually swear approximately 50,000 Criminal Information Sheets a year, in person in courthouses throughout greater Auckland. Most of the charge details are also received electronically from Police, so if we can remove the manual step in the process we can free up both Police and Court staff, a win/win for both agencies.

There are a number of other initiatives happening alongside the Auckland Service Delivery project to improve justice services.

The Criminal Procedure Bill, currently before the House, is now set to become law. This Bill aims to improve the design of our court processes and procedures.

It is based on Law Commission recommendations and has wide ranging support from across the justice sector. There has been a great deal of debate over the Bill in the media in recent times which I won't delve into here.

However I believe that the Bill and the systematic improvements it seeks to make will have an enormous positive impact on all court users and address growing public concern over key aspects of the criminal justice system.

Furthermore, the Ministry is working collaboratively with the Law Commission on a Criminal Procedure (Simplification) project. This project aims to reduce court waiting times and create an accessible and simplified criminal process. The Ministry, in collaboration with Police and Legal Service Agency, will test changes to the criminal procedure in the summary jurisdiction at Manukau and Tauranga District Courts from July 2008 for a planned six month period.

The test will involve improved police disclosure, and the use of a case management memorandum to progress matters outside of Court, and eliminate the need for status hearings in many cases, ensuring cases are ready to go to hearing earlier. These innovations are expected to promote earlier entry of guilty pleas and reduce the number of court appearances, thereby reducing the time taken to dispose of cases.

The Simplification test sites will inform legislative proposals for the development of the Criminal Procedure Simplification Bill in 2009, as well as identifying improved administrative practices that can be implemented immediately. Some local benefits will be realised in the test courts starting in July. The full benefits from the Simplification project will not be felt until the new process is implemented nationally, over the next 18-24 months.

The Auckland Judiciary is leading an initiative to streamline Auckland list courts. By standardising practices for certain events that often result in subsequent adjournments, this initiative will reduce the number and time between list court appearances. This will lead to faster and more efficient case disposal, which will also flow on to reduced time on remand for many defendants.

Nationally, there has been a wide range of work undertaken to improve court processes. In the District Court criminal jurisdictions there have been increased disposal rates in the last two years. The criminal summary has had a 20 percent increase in disposals and jury trials have shown a 10 percent increase in disposals.

Staff, judiciary, and other agencies have had, and will continue to have significant involvement in developing and testing the proposed initiatives in Auckland.

I commend the hard work and innovative approach by staff and Judges across all courts in the Auckland region to make the system more streamlined and efficient. I am confident that the budget investment of $6.3 million over two years will lay the groundwork for improving Court capacity and resources in our large

I will now cut the ribbon and declare that the newly refurbished Jury Assembly Area and Criminal Registry are officially open for business.

Initiatives to improve court services in Auckland

beehive.govt.nz — Tue, 24 Jun 2008 09:44:51 +1200

Courts Minister Rick Barker today announced details of the initiatives that the government will be focusing on in order to improve the future delivery of court services in Auckland. The comments came during a speech to mark the opening of a new Jury Assembly Area and Criminal Registry in the Auckland High Court.

"Auckland currently accounts for 35 percent of reported crime and 30 percent of all District Court jury trials. The Auckland Service Delivery Programme aims to address these workload pressures through a long-term strategy for service delivery in the region," Mr Barker said.

"The government is committed to delivering first class court services in the nation's largest city and timely access to justice for all New Zealanders. Budget 2008 provided $6.3 million for detailed design and planning around the Auckland Service Delivery Programme and will help ensure we can deliver improved justice services to the region’s growing population."

The Programme has identified a number of opportunities for improving service delivery through more specialised services and facilities, such as:

24/7 assistance through service centres handling high-volume enquiries, correspondence, and applications
dedicated civil and family courthouses
purpose-built jury-trial courthouses
progressive expansion of electronic filing. Including further work to determine whether electronic filing will be expanded to the criminal summary area and the Environment Court.

"This model would improve access to services by better meeting forecast demand, and improve safety by physically separating civil and criminal matters," Mr Barker said.

"The Auckland Service Delivery Programme will also explore the possibility of establishing a Community Justice Centre in South Auckland to ensure greater community involvement, and broader services including social services are more available to address background factors, in lower-level criminal offending."

The refurbished Jury Assembly Area and Criminal Registry opened by Minister Barker today are part of an on-going programme to improve facilities for staff and court users.

The Jury Assembly Area will be used by up to 150 jurors at least every two weeks and can also be used for other purposes, such as training and victim support.

The refurbished Criminal Registry creates an improved work environment for all criminal registry staff.

Construction on Invercargill court redevelopment begins

beehive.govt.nz — Mon, 16 Jun 2008 22:26:40 +1200

Courts Minister Rick Barker was in Invercargill today to signal the beginning of construction on the Invercargill courthouse redevelopment and announce that initial work on the new sallyport is underway.

"The new Invercargill courthouse will combine the old with the new to produce a modern, spacious, state of the art courthouse that will cater to the needs of the Invercargill community now and in the future,” Mr Barker said.

"New additions to the courthouse will replicate the look of the existing courthouse, copying details and using similar materials. Architectural treatment of the facades will ensure the look is consistent with the style of the original courthouse. A redevelopment of this kind will add to the heritage significance of the existing courthouse by providing more grandeur and presence to the court facility.”

During his visit to the courthouse Rick Barker also released the visuals for the new Invercargill courthouse, and unveiled a model of the courthouse which will be on display in the Invercargill library from next week until the new facade is constructed.

"As part of the redevelopment a second storey will be added to the front of the courthouse to accommodate the family courtroom and hearing room, lawyers’ room, justice of the peace room, adjudicators’ rooms and public areas.

"The ground floor will be reconfigured to provide a new number three courtroom with custodial access and secure judges’ entry, additional public waiting areas, improved facilities for support agencies, additional judicial areas and improved staff space.

"Courtrooms one and two will remain, but will be refurbished. New heating and ventilation will be provided throughout the courtrooms and the installation of a lift will provide access to the new upper level as well as existing file storage areas in the basement. The new courthouse will have a single public entry and will provide for improved security for judges, staff, lawyers and court users.”

Construction of the main redevelopment will begin in December 2008 and is expected to be complete by the end of 2010. Over the last eight years five new courthouses have been built and 28 major courthouses refurbished around New Zealand. Two courthouses are currently being built and eight more major refurbishments are either planned or underway.

Statutory Interest Rate Changes

beehive.govt.nz — Wed, 11 Jun 2008 09:58:51 +1200

The interest rate courts can award for the recovery of debts or damages will be increased to bring it into line with current market borrowing rates, Courts Minister Rick Barker said today.

The new rate will be set at 8.4 per cent and will take effect from 1 July 2008. The rate is currently set at 7.5 per cent.

"The Judicature Act 1908, the District Courts Act 1947, the Disputes Tribunals Act 1988, allow the courts and the Disputes Tribunal to award interest, not exceeding the prescribed rate for the recovery of debts or damages," Mr Barker said.

The Administration Act 1969 provides for the award of interest on legacies and annuities.

The Trustee Act 1956 provides for the recovery of interest for trustees who pay insurance policy premiums. In all cases interest is simple, not compound. These statutes also allow the Governor-General in Executive Council to adjust the set rates.

"The change is also necessary because the rate set down in the Judicature Act is used by a number of other statutes. These include the Companies Act; Injury Prevention, Rehabilitation, and Compensation Act; Land Transfer Act; Life Insurance Act; Maori Reserved Land Amendment Act 1997; Mutual Insurance Act; and the High Court Rules," Mr Barker said.

Criminal Procedure Bill gets a kickstart

beehive.govt.nz — Fri, 06 Jun 2008 16:04:33 +1200

Courts Minister Rick Barker has welcomed the National Party's decision to support the Criminal Procedure Bill and is now looking forward to the Bill moving through the final stages as quickly as possible.

"The Criminal Procedure Bill now has the numbers to progress and this is great news for the victims of crime, police, expert witnesses and all court users and staff," Mr Barker said.

"The Bill is an important package of measures that seek to reform criminal procedures, especially around the depositions process and current double jeopardy laws.

"The government has always been committed to passing the Bill in its entirety as the provisions in the Bill are designed to work in concert to improve aspects of the justice system.

"The government has acknowledged National's concerns around the changes to the depositions process proposed by the Bill and as an act of good faith has agreed to a review of the effectiveness of these measures two years from the date of commencement.

"This was a reasonable suggestion and we appreciate the National Party's willingness to negotiate a solution that will allow the Bill to move forward," Mr Barker said.

Currently the Bill is in the Committee of the Whole House stage. Justice Minister Annette King will shortly introduce a Supplementary Order Paper amending the section of the Bill dealing with depositions, to allow oral submissions to be made to support an application for an oral depositions hearing and incorporating the two year review.

Oral depositions place added stress on victims of crime

beehive.govt.nz — Mon, 02 Jun 2008 14:20:58 +1200

Courts Minister Rick Barker today said that the government is aware of growing public concern over oral preliminary hearings, and the impact having to give evidence twice can have on the victims of crime.

The Criminal Procedure Bill, currently before the House, seeks to address these concerns by allowing depositions to occur based on written evidence unless a judge deems that it is necessary to hear the depositions orally.

"Recent media reports and public outcry have highlighted just how stressful the oral depositions process can be for the victims of crime. This government is committed to making sure that the victims of crime are not needlessly re-victimised by the system," Mr Barker said.

"By shifting the default position and allowing depositions to be based on written evidence, we can significantly reduce the pressures on victims who have to give evidence, free up court time, and make better use of police and judicial resources.

"Under the current system victims appear twice to give evidence, once during the oral preliminary hearing and then again during the trial. It is clear victims want their day in court, but it is important that we do not drag them through a painful and sometimes traumatic process twice, unless it is absolutely essential.

"Provisions in the Bill will tighten and improve the rules around the pre-trial disclosure of evidence by enshrining in law the concept of full disclosure. This will ensure that a defendant has full opportunity to consider the case against them prior to their trial.

The Criminal Procedure Bill is based on recommendations by the Law Commission and seeks to maximise the efficiency and fairness of the criminal justice system.

"In any year thousands of hours of court time are given over to oral depositions. The potential for huge savings in sitting time by not always conducting oral hearings is obvious. It will make life easier for the police officers and expert witnesses who are required to turn up at court and give evidence, free up judges, and ease scheduling pressures.

"I am sure that most defendants would like to have their cases heard earlier and the changes to oral depositions would speed up the process for them as well," Mr Barker said.

In addition the Criminal Procedure Bill seeks to address public concerns over the current double jeopardy laws and addresses a range of systematic issues relating to criminal procedure. Currently the Bill is in the Committee of the Whole House stage and the government is working to gather support for the sections relating to oral depositions.

Initiatives strengthen modern justice system

beehive.govt.nz — Wed, 21 May 2008 17:45:54 +1200

Budget 2008 provides a range of initiatives across the wider justice sector to strengthen the justice system and ensure that New Zealanders live in safe and responsive communities.

Justice and Police Minister Annette King, Corrections Minister Phil Goff and Courts and Associate Justice Minister Rick Barker say different parts of the justice sector must not work in isolation.

“There must be a cohesive approach across the sector to create a fair and safe society. That’s why Budget 2008 enhances capability in policing, in the prison system, in courts, in the probation service, and in terms of legal aid provision and victims’ rights. A modern justice system depends on all parts working together effectively,” the ministers said.

Annette King said that police capability is a key starting point.

“Budget 2008 provides $180 million in operating funding over four years, including $17.4 million that is being provided from the National Land Transport Fund, and $9.5 million in capital funding in 2008/09 for the third and final tranche of the extra 1000 sworn police and 250 non-sworn committed to in the government’s confidence and supply agreement with New Zealand First.

“This recruitment campaign has been a major success story in terms of making our communities safer. This tranche will add another 332 sworn staff and 90 non-sworn to reach our target by the end of June next year,” she said.

Phil Goff said that the major new Corrections initiatives in Budget 2008 are to replace Mt Eden Prison in Auckland and the recruitment of an additional 89 Probation Officers, plus infrastructure support.

“Over the next four years, capital expenditure of $216.3 million and operating expenditure of $35.6 million is planned for the replacement of the antiquated Mt Eden Prison. Of that, Budget 2008 provides $110.3 million in capital funding between 2009/10 and 2011/12 and $13.6 million in operating funding over four years. Corrections will contribute the remaining $106 million capital and $22 million operating from its own funds. The new prison will provide enhanced security and allow the Department to better carry out rehabilitation programmes to reduce re-offending.

“Operating funding of $67.9 million and capital funding of $23.8 million will enable Corrections to recruit 89 additional Probation Officers and provide suitable infrastructure support. This boost in numbers reflects increasing numbers of community sentences,” Phil Goff said.

Rick Barker said the efficient functioning of the court system is fundamental to safe and timely access to justice for victims as well as those charged with crimes.

"Much of the pressure on Courts occurs in Auckland, approximately 30 per cent of all District Court jury trials nationwide are at either Manukau or Auckland District Courts. I commend the hard work and innovative approach by staff across all courts in the Auckland region to make the system more streamlined and efficient. I am pleased this budget sets aside $6.3 million over two years to fund a Greater Auckland Region Service Delivery Strategy. I am confident this investment will lay the groundwork for improving Court capacity and resources in our largest city.”

In other initiatives in Budget 2008, the ministers announced:

An extra $4.7 million in operating funding over four years to meet the future requirements of the Independent Police Conduct Authority.
$5.8 million in operating funding over four years to establish a Sentencing Council which will produce inaugural Sentencing and Parole Guidelines in 2008/09.
$6 million in operating funding and $4 million in capital over four years to provide enhanced security infrastructure to maintain the integrity and credibility of Police data.
$11.2 million in operating funding in 2008/09 for legal aid remuneration, with an accompanying review of innovative ways of developing the legal aid system.

Youth Court information resources improved

beehive.govt.nz — Mon, 19 May 2008 16:45:49 +1200

Courts Minister, Rick Barker has today launched a set of new information resources, developed to ensure that all people who interact with Youth Court are aware of the court process and what to expect.

"For nearly two decades the Youth Court has worked to ensure that negative patterns of behaviour in young people are broken and that they are placed on the path to rehabilitation," Mr Barker said.

"Youth Court is a serious court which is charged with ensuring there is accountability, resolution and restoration for young offenders, their families and victims.

"This government is committed to improving and streamlining all Court process and providing improved information resources is a key part of this drive.

"Going to Court is a difficult time for all parties, but ensuring there is clear and concise information available to defendants and the victims of crime can improve outcomes and reduce any stress.

"The resources we are launching today will help ensure people turning up to the Youth Court know what to expect on the day, what is expected of them. They will cover what the Youth Court is and how they work, who is involved in the Youth Court process, Family Group Conferences, and the sorts of decisions a Youth Court Judge can make."

The new material will be specifically tailored for victims, families and for young people and are designed to be appropriate to the target audiences.

They will be available at all District Youth Courts, and can also be downloaded from the Youth Court section of the Ministry of Justice’s website.

The Youth Court uses restorative and therapeutic justice processes to make young people accountable, provide support for their families and take into account the needs of the victims.

In the 2006/07 year the Youth Court disposed of over 7,500 cases nationwide.

Courts a priority for this government

beehive.govt.nz — Tue, 29 Apr 2008 15:53:00 +1200

Courts Minister, Rick Barker has welcomed the invitation from National Courts spokesperson, Kate Wilkinson to outline the steps the government is taking to address the issue of Court waiting times and stays of proceeding.

"Unlike the previous National government, we have invested heavily in the Courts and in Court infrastructure. This government values the administration of justice and is working hard to ensure all New Zealanders have modern, safe, and timely access to Court services. Our Courts are better placed than ever to respond to increasing workloads," Mr Barker said.

"There has been an increase in both the number of Courtrooms and the number of Judges under this government. An extra 15 Judges have been appointed to the District Court, 2 to the High Court and 2 in the Court of Appeal. 24 new Courtrooms have been inserted into the court system since 2000.

"As part of Budget 2005 we initiated a Baseline Review and this saw $156 million invested in revitalising Court infrastructure and capability. This investment has got results. In the 2006/07-year 75 per cent of cases in the criminal summary jurisdiction of the District Court were resolved within 12 weeks.

"This funding has enabled our Courts to dispose of more cases. In the 2006/07 year jury trial disposals in the High Court improved by 9.4 per cent over the previous two year period to 339 cases, and this is mirrored in the District Court where disposals improved by 8 per cent over the same period to approximately 165,000 cases.

"We have expanded digital evidence recording and transcription services, and it is estimated that this technology will reduce court hearing time by between 20-30 per cent. A recent case at the Wellington High Court was transcribed using the new technology and this was a key factor in reducing the length of the trial from an expected eight weeks to four weeks. We have introduced videoconferencing at 8 sites and are exploring greater use of e-filing, following the successful implementation of e-filing of infringements.

"Since 1999, 41 building projects have been completed. This includes 5 new Courthouses and 28 refurbishments. Courthouses are a point of civic pride for local communities and this government is prepared to invest in them, unlike the previous National government.

"One stay is one too many and in every case I ask for a detailed review in order to identify why the stay occurred and if processes can be improved. However, it is worth noting that in the 2006/07 year our courts disposed of over 165,000 cases during the last year in comparison to 18 stays granted during the same period. 9 were systemic, 8 were prosecutorial and 1 was systemic and prosecutorial.

"In addition not all waiting time in the Court system should automatically be classed as delay, there are a number of steps involved in bringing a case to trial and all parties are entitled to prepare and present their case. While it is very easy to blame the Court for delays, such a simplistic approach ignores the fact that Court staff are required to coordinate the judiciary, prosecution, defence, witnesses, victims, scientific and special evidence and in some cases jurors. Any of these parties may have reasons for being unable to attend on the agreed day for reasons such as sickness, and this is often beyond the direct control of the Court.

"Our Courts and Court staff are responding to increased pressure due to increased workloads. It seems a bit rich for Kate Wilkinson to complain about more people being brought before the Courts, while talking in the same breath about issues of public safety," Mr Barker said.

Barker seeks to extend government funded supervised contact

beehive.govt.nz — Tue, 15 Apr 2008 18:49:18 +1200

Supplementary Order Papers amending the Family Court Matters Bill have been tabled by Courts Minister, Rick Barker. One deals with extending government funded supervised contact and allowing Family Courts to approve providers in their local area. The other seeks to create the new role of Senior Family Court Registrar to assist Judges.

Government funded supervised contact was implemented under the Care of Children Act which came into effect on 1 July 2005. It is currently provided where Family Courts direct formal supervised contact under section the Care of Children Act 2004, because it is satisfied that a party to proceedings has used violence against a child or other party.

"My Supplementary Order Paper on supervised contact will widen the scope by allowing supervised contact to be funded by the government when ordered under the Domestic Violence Act.

"This will have an impact on a small number of cases but it seems fair to me that if supervised contact is ordered under the Domestic Violence Act, affected families should have the same right to government funding as they would if it was ordered under the Care of Children Act. The main reason for funding supervised contact is to ensure the child’s safety while recognising the child’s rights to an ongoing relationship with both parents even if the child is not living with one or both parents.

"I am also seeking to amend the Bill to allow the Family Court to approve providers in their local area this will help address a shortage of approved providers and supervised contact sessions in some areas."

The second Supplementary Order Paper seeks to establish the position of Senior Family Court Registrar.

"This new position will have a positive impact on the Family Court’s performance by alleviating current pressures on judicial resources and ensuring that interlocutory applications are dealt with more quickly, especially in smaller courts, Mr Barker said.

The Family Court Matters Bill has had its second reading and is currently awaiting committee stage.

Boyracer Operation nets seven cars

beehive.govt.nz — Sat, 05 Apr 2008 13:14:43 +1200

Courts Minister, Rick Barker has today announced the outcome of a joint operation between Police and Ministry of Justice, aimed at boyracers and collecting outstanding fines.

The operation in Lower Hutt on 3 April saw Bailiffs seize seven cars for warrants for outstanding fines of over $20,000.

"This Government has made it tougher for those who don’t pay their fines, and easier for those who do. Joint operations like this one highlight just how hard we hare making it, and the 7 people who lost their ride on Thursday night will attest to that," Mr Barker said

"One driver paid off the fines owed in full ($430), while the other drivers all had their vehicles seized and will need to make arrangements to pay their fines."

The Minister joined Court Bailiffs and Police to observe the operation and commented on the cooperation between agencies.

"I am always pleased to be able to get out with Collections Bailiffs and see what they are doing on a day to day basis.

"It has become increasingly clear that in many cases the people the Court is interested in, are also of interest to the Police. By working together we make it clear to those with outstanding fines or reparation that they will be found and that they will be made to pay.

"Courts staff and Police regularly carry out operations targeting boy racers, drink drivers and others with unpaid fines. It was pleasing to see first hand the way the two teams worked together.

"The message has to get through that unpaid fines will not go away. Seizing a car is one of the strongest steps we can take and the message was certainly delivered loud and clear on Thursday," Mr Barker said.

For enquiries about unpaid fines or reparation call 0800 4 FINES.

Hastings District Court contractor announced

beehive.govt.nz — Fri, 04 Apr 2008 13:24:19 +1200

Courts Minister, Rick Barker today announced that Argon Construction Limited has been awarded the construction contract to build the Hastings courthouse.

“I am pleased to advise the appointment of Argon Construction to carry out the project which involves the construction of a brand new courthouse which will include a list court, a family court, a multi-use court, a 150m2 jury capable court, a mediation room and a hearing room,” Mr Barker said.

“This project is part of the government's wider building programme aimed at delivering first class justice services to New Zealanders.

Visual image of new Hastings District Court

"Argon have a history of working in Hawke's Bay and are the contactors behind a number of projects, including the iconic Villa Maria winery and Cape Kidnappers lodge.

“The new 3450m2 courthouse will be located on an adjoining site to the existing courthouse and will include five new judges chamber’s and dedicated spaces for justices of the peace and coroners.

“Extensive site works and landscaping will also be carried out as part of the redevelopment.

“The new spacious and modern courthouse has been designed to meet the needs of the local community now and in the future. It will have significantly more space than is currently provided in the Hastings courthouse. It will have advanced security systems and will be capable of supporting the latest technology including video conferencing and evidence recording services,” Mr Barker said.

Construction on the project is scheduled to begin this month and is expected to be completed by August 2009.

Select Committee reports on Family Court Matters Bill

beehive.govt.nz — Fri, 04 Apr 2008 12:37:24 +1200

Courts Minister, Rick Barker has welcomed the Social Services Select Committee report on the Family Court Matters Bill and is now looking forward to the Bill's second reading.

The Family Courts Matters Bill amends family law legislation to increase the openness of proceedings, provide for non-judicial mediation, and make other minor process and procedure changes designed to improve the operation of the Family Courts.

This Government responded to the Law Commission’s 2003 report on Dispute Resolution in the Family Court by piloting non-judicial mediation in 2005. Given its success, this Bill is the legislative vehicle allowing for the Courts to direct attendance and implement this as a permanent tool to help resolve relationship disputes.

"The Family Courts Matters Bill is an important piece of legislation which will have a positive impact on New Zealand families, who need to go through the Family Court process. We are always looking for ways for ways to improve and streamline Court processes and this Bill, while technical in its scope, will improve the openness and outcomes of the Family Court," Mr Barker said.

"The Bill has returned from Select Committee with some key changes, particularly around counselling services for children.

"Currently only 5-6 per cent of the Family Court's cases go to a defended hearing. However, in the small number of difficult cases where a parenting order is required, some children may need assistance to accept the terms the order. The Bill will now enable Judges in this situation to recommend children attend counselling. The purpose of this counselling is to maintain family relationships and ensure that a Court order can work in practice.

"I am also pleased that the Committee has adopted the Government’s recommendation that the Bill contain a provision giving children the right to speak with a counsellor, or take part in joint sessions with their parents. There are obvious advantages in children talking with the same person as their parents. The counsellor can make sure parents are aware of their child’s views; and involving children in their parent's counselling may help reduce conflict by focussing the issues on the child’s needs," Mr Barker said.

The Bill also introduces family or non-judicial mediation. Children will be able to attend mediation at the discretion of the mediator and Counselling will be available to help children formulate and clarify their views before taking part. The Family Court Matters Bill was introduced in 16 August 2007 and is currently awaiting its second reading having been reported back by the Social Services Select Committee.

The full report is available here

Barker responds to Turner's DNA Bill

beehive.govt.nz — Thu, 20 Mar 2008 14:31:53 +1200

The government will give careful consideration to the content of Judy Turner's Family Proceedings (Paternity Orders and Parentage Tests) Amendment Bill, Courts Minister, Rick Barker said today.

"I have made it very clear that the issue is an important one. However it is my view that the member’s Bill takes a very narrow view on the matter, and does not deal with the wider, more complex and subtle issues," Mr Barker said.

"Determining genetic parentage is a sensitive issue, the outcome of which can have profound impacts on children and their families. Therefore issues regarding who should have access to the information, and the purpose the information can be put to, need to be carefully considered and worked through before embarking on a course which could have unintended consequences.

"In addition, Judy Turner's Bill would allow the Court to compel a child to be tested. The issue of mandatory samples for paternity testing could involve the use of force where a child for whatever reason does not wish to give a sample. This needs to be carefully considered.

"Common law does not necessarily permit the sample or blood tissue to be taken from a person without his or her consent. The New Zealand Bill of Rights Act protects people's rights and liberty. These are rights that children have as well as adults.

"There are also issues to be considered around situations where an informal adoption has occurred and the child has grown up believing they have a genetic link to their parents and may not wish to know otherwise. Another example of how this Bill could be problematic is in situations where couples have asked a friend or donor to carry or father their child. Should a dispute occur at a latter date, determining parentage for the purposes of financial responsibility, based solely on the issue of genetics, ignores the moral and ethical dimension of the circumstances.

"The Government has signalled a willingness to look at the complex issues raised by this Bill. The Ministry of Justice is already looking at legal parenthood issues following the Law Commission's Legal Parenthood report.

"Legislation about paternity testing needs to find the appropriate balance between the interests of the mother, father, and child. I am scheduled to receive further advice on the Bill in the next few weeks," Mr Barker said.

Stress free Easter means paying fines or reparation

beehive.govt.nz — Thu, 20 Mar 2008 12:08:36 +1200

Courts Minister Rick Barker is urging people to sort out their unpaid fines or reparation before they travel during the Easter holiday. He has also welcomed news that the Pay or Stay initiative has now generated over $5.6 million since it began in September 2006.

"The Pay or Stay initiative enables the Ministry of Justice to stop people with unpaid fines or reparation if they are travelling overseas or returning to New Zealand. This is part of Labour-led Government's drive to make it tougher for those who don’t pay their fines, and easier for those who do,” said Mr Barker.

“The sensible move is to stay out of trouble by talking to the Ministry of Justice about any outstanding fines or reparation.

“Just making the move of picking up the phone and talking could lead to a stress free holiday. People should think ahead. No one wants to get to an international airport and find they can’t leave the country because unpaid fines or reparation haven’t been sorted out.”

Mr Barker said in the last five months $2.3 million has been collected or put under payment arrangements through the Pay or Stay initiative.

“I’m pleased to see that people are paying their fines before travelling overseas. The success of this initiative in collecting unpaid fines and reparation for the victims of crime is evident. Pay or Stay has now generated over $5.6 million in total since it began in September 2006."

Mr Barker said people should sort out their unpaid fines or reparation by calling 0800 4 FINES.

Digital transcription technology introduced to the High Court

beehive.govt.nz — Thu, 06 Mar 2008 15:16:37 +1300

Digital audio technology for recording and transcribing evidence has been introduced by the High Court in Wellington and Auckland. It is estimated that this technology will reduce court hearing time by between 20-30%, which will assist case throughput.

"For the Record or FTR, provides a high quality recording of the evidence which is then relayed to transcription staff located outside of the courtroom to be typed up as the trial proceeds. This is another demonstration of the Labour-led government's drive to modernise the court system to improve access to justice for all New Zealanders," Court's Minister, Rick Barker said.

"The evidence given at a recent high profile murder trial at Wellington High Court was transcribed using the new technology and this was a key factor in reducing the length of the trial from an expected eight weeks to four weeks. The trial time was cut in half and I am certain that this was appreciated by all involved.

"This new technology makes the experience of giving evidence easier for witnesses and a better experience for everyone in the courtroom. It also means trials can proceed more quickly. FTR allows witnesses to speak at a normal, uninterrupted speed and the transcript is printed in the courtroom within 30 minutes of the evidence being given.

“New technology is enabling courts to work more efficiently for the benefit of all court users”, Mr Barker said.

Although digital evidence and recording technology has been used in the District Court for some years, until now, its use in the High Court has been limited to two courtrooms in Auckland. 17 High Court courtrooms and 20 additional District Court courtrooms will be progressively equipped with FTR over the next two years, as well as upgrading the FTR systems already being used in the District Court.

To further improve efficiency, transcription services are moving to being nationally managed. Mr Barker opened Transcription Service Centres in Wellington and Auckland late last year. From June, these Service Centres will begin being linked to local court based transcription staff across the country. Access to a larger, national team of transcription staff means courts will be better resourced to process increasing workloads.

Wilkinson paints half picture of Court security, draws wrong conclusions

beehive.govt.nz — Thu, 07 Feb 2008 14:36:11 +1300

Kate Wilkinson has today chosen to quote selectively from written questions and has given a one sided view of Court security says Courts Minister, Rick Barker.

“The figures released actually show a decrease in the number of serious security incidents which have occurred in the Northern Region (which includes Auckland) and the Waikato Region,” Mr Barker said.

“In addition, she fails to mention that the incidents quoted include when staff are in secure non public areas and when they are out and about in the field. For example, when Collections staff are undertaking enforcement action such as clamping cars.

“The issue of Court security is a high priority for this Labour led Government and this is reflected in the fact that we have increased the number of Court security staff from 30 in 2003 to 53 in 2007.

“There are now 14 walk through metal detectors and 3 baggage x-rays placed at the entrances to Courts around the country. Last year 365,000 people entering Courts were searched using scanners with 3,500 items temporarily confiscated. Security features are also an important consideration in the redevelopment or building of new Courts.

“We actively encourage staff to report all security incidents including graffiti and abusive telephone calls. This is because we believe that all Court staff have the right to a safe working environment and that the public should feel safe in our Courts. Any reported security incident is of concern, but to claim that they are the result of Government inaction is misleading.

“The reality is that Courts can be stressful places and staff are sometimes placed in demanding and difficult situations. This is why the Government has placed such a high level of importance on staff training for Courts and Collections staff,” Mr Barker said.

Of the 661 security incidents reported in 2007 approximately one third were classified as serious.