On Thursday I attended a Public meeting on the Waitakere Family Court changes. A committed mix of people were there to express their concerns – family violence organisations, the PSA, Community Waitakere, the Waitakere Law Service, Family Lawyers (even a couple who are National Party supporters/ members), local body representatives and other genuinely concerned members of the public. Following that meeting myself and fellow West Auckland colleague Phil Twyford have discussed this issue further with key stakeholders. We do have to wonder – where are the West Auckland Government MPs on this issue (keep in mind there are five of them – John Key, Paula Bennett, Tim Grosser, Pita Sharples and Tau Henare)?
Some have said that what is proposed in the discussion document (link below) seems harmless….well that would be because the implications of the changes aren’t spelt out. Those who actively engage with the Waitakere Family Court, have more of an insight in to what the changes will mean.
Based on the meeting I attended – I’m going to try to outline the situation and the main points of concern.
There are four overarching concerns:
- short term cost saving at the expense of justice
- Failure to adequately consult
- Failure to consider the impact on the local community and the quality of service (the West is being shafted)
- Vulnerable members of society (victims of domestic violence, children, elderly) are being deprived access to justice
What is currently in place?
Waitakere Family and Civil Courts are stand alone entities. They have their own staff and internal management and operate independently. Waitakere Family Court is the fourth largest in the country (there is a demand out west) and one of the most efficient (Auckland is one of the least). In 2010 the Waitakere Family Court processed 5341 applications with one full time judge and in the same time the Auckland courts managed around 6650 applications.
What is being proposed?
That selected staff and court functions from Northshore and Waitakere Courts be centralised to the Auckland District Court. That Waitakere and Northshore maintain counter services and ‘short cause’ fixtures (i.e. under one day) but that files be stored and case management be conducted and ‘long cause’ fixtures be heard, at Auckland.
Implications
Fewer court managers and employees along with jobs being transferred to the CBD will inevitably result in job losses. An integral part of the success that Waitakere Court has had, was based on the strong working relationship between court staff, lawyers and clients – this will be lost. A lot of the local knowledge and community relationships that exists within the Waitakere Family Court will be strained if services are crammed in the Auckland City. Community organisations rely on these existing relationships to deliver customised support to individuals and families. The other issue sighted is that time will inevitably be wasted due to the transferring of files from location to location. Waitakere stands to lose the benefit of immediate access to justice.
Why is the Government making these changes?
They’ve cited ‘budget blowout’ as the reason why changes have to be made. One of the lawyers at the meeting referred to the following as the reason why there has been a budget blow out in Justice/ courts:
- 1995 Domestic Violence Act resulted in increased workload
- The last Government (labour) made it easier for Women and Children to access justice (not a bad thing but increased workloads)
- Introduction of the, Care of Children Act 2005, resulted in children having a say in court (not a bad thing but it also increased the workloads)
- Legislative changes meant that there were provisions for courts to direct parties on to counselling or mediation (this increased their workload)
- The current state of the economy has meant that family lawyers are being kept busy. When times are tough a family lawyer won’t go without work (family interventions over separation, domestic violence, drug and alcohol abuse)
Other important points made at the meeting:
- There is room for a review of the family courts
- Decisions like this make people question the Governments so called priority of ‘protecting children’
- If there is that much space at Auckland, then why can’t Waitakere just move all of their dead files there and keep all of their live files in Waitakere
- Labour focused on access to justice – National focusses on short term cost cutting, which will have long term social costs (and these equate to ‘$’ costs)
- The proposed changes to court services alongside other National Government changes such as changes to legal aid, are all depriving people of their right to access justice
- The key question should have been – how does this effect those who need to access justice? But the Ministry haven’t asked this question when considering the changes
- The Government is again steamrolling through their changes – reminiscent of the Supercity Legislation…no consultation and the West stands to lose.
- There was a notable of absence of court staff and CYFS workers – apparently they’ve been told to remain quiet on the issue (one of the downsides to being a public servant). CYFS is one of the biggest users of the family court so it was thought that they should have a voice on this matter
http://justice.govt.nz/publications/global-publications/a/auckland-district-courts-proposals/auckland-district-courts-proposals-discussion-document-proposed-new-operating-model-for-district-courts-in-auckland
Thanks for this Carmel. The Minister did some criminal cases early in his legal career for a couple of years, I don’t understand why you don’t think he knoiws best?
He’s certainly doing his best to leave a mark before he leaves. Short sighted changes in this kind of area will have expensive long term consequences (money and lives) if not correct/.
I totally agree with your sentiments Carmel. I have a family member with ongoing Family Court problems [being dealt with in the Waitakere Court for the past 5 years] and this matter shows no sign of diminishing, despite both parties going through recent mediation, which has sadly been been a total failure, due to one party flouting the recommendations. I won’t bore you with further details, but I certainly will be making a submission to the proposed review of the Family Court, namely that any orders made be properly enforced. I’m not sure what a suitable penalty would be, but it needs to be something hard hitting, probably monetary. At present it seems that any orders/recommendations can be ignored with no penalty to the offending party, which really horrifies me. Due to work commitments I was unable to be at the meeting, but will be following this matter with considerable interest.
It’s a discussion document!
On that note, good to see the community discussing it!
Thanks for this, Minister did some illegal cases early in his official career for a couple of years, I don’t understand why you don’t think he knows best?
He’s surely doing his best to leave a scratch before he leaves
Last night I received a visit from two police officers. They were lovely and courteous but they wer ehaving their time wasted.
They were executing a warrant for my nephew on the basis he had missed a Court appearance (which he had not). Like the poster above I won’t bore you with detail but suffice to say the right and left hands of the Auckland and Waitakere Courts don’t know what each other is doing. These two officers wasted at least an hour in total on an unnecessary visit when they could have attended to more pressing issues. My nephew was not in contravention of any court order, had a piece of paper from said Court showing the police officer’s print out was wrong…a simple, integrated computer system and hey presto time and money saved.
THESE are issues that can be solved with better computer integration etc.
THis is 2011 and there are still ‘files’ in the old fashioned sense ?
And their answer to ‘speed things up’ and ‘save money’ is to move the filing cabinets
together ?
Im surprised too that the District Court and Family court ( and presumably the Youth Court as well ) are all separately staffed in spite of being in the same building.
I think their problems are much much greater than they make out.
“short term cost saving at the expense of justice” This is what p***** me off the most!
!
And more job losses? Great!
Finally, my favourite, more muzzling!
ghost, the DBH claims to have most of its searchable stuff pursuant to the OIA on hard file requiring manpower to go through files
Close Waitakere family court is RIGHT decision, simply I know so well and was in their for 5years – good reasons are: in total this country is heavily in debt, waist government/tax payer hard working money on my ‘heart attack’, defeat our New Zealanders as one principle – friendly share our world. I have been blamed lying, when private investigator gave evidence to this family court, the man is in more than 2 other women, totally ignored by this family court, never a piece of evidece: e.g. IRD record, bank statements, were seen, all judged via ‘a person’s words’ -which is not a justice department shall do. Child lawyer Judith Surgenor made out of parents’ suffering by her so call ‘care’ trouble makings, wrote a few creticism affidavits when 2-3 month ended up to hearing your child’s show time, school holiday is missed and birthdays missed, 4.5 years, no birthday with child’s mother, no christmass with mother, think about the damage this lawyer did Judith surgenor earned approx. $1.2 million out of tax payer’s money- fair? stand up to it and get rid of ‘child lawyer’ from the system. 1. Judith never advice child/minor their legal rights any way, 2. motivation in making money defeat all good wills. Child&Youth social worker can do better job and trutly caring. After 5years battle, when you tell Judith you want to take her for justice, she will ask family close your case and go to get another victim. I have no problem for a lawwyer makes money, but shall move to next level, make productive, good win win money, not help one parent fight another parent. after 5 yeras, both parents (incl. the ‘winning’ party) knows the person lost are themselves and their child, overspending legal fee, Judith Sugenor is not giving you $1 back – fair? stop fighting, start working out. sincerely
Shirley’s posting is testament to the reason support for the continuation of a full strength and supported Family Court is vital. Children such as Shirley’s are often caught unfairly in unwarranted and vitriolic battles between parents, and need to be given an independent voice through an experienced lawyer. Often these children meet with the Judge as well. Sadly when a parent hears information they don’t want to know or which does not suit their position, there has to be someone to blame for their own shortcomings. Better the child’s lawyer than the child itself I suppose.