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Home / Bay of Plenty Times

Anger rising over court delays

By LAUREN OWENS
Bay of Plenty Times·
23 Feb, 2008 04:00 PM3 mins to read

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Court cases are being delayed by an average of more than seven months in Tauranga - angering local victim support and sentencing groups.
The Ministry of Justice revealed the average wait time for a jury trial through Tauranga District Court was 237 days _ more than 7 1/2 months, which is
46 days below the national average.
In the High Court at Rotorua, where major Tauranga cases are heard, the average was nearly 10 months at 306 days - one day above the national average.
Over the past year, 10 cases were thrown out across the country by judges due to excessive waits, including charges of assault, kidnapping and possession of an offensive weapon.
Tauranga has not had any cases thrown out in recent years but the lengthy delays can impact the victims and witnesses, according to local groups and a crown solicitor.
Claire Montague, Victim Support co-ordinator, said the criminal justice process should not add to the distress of the victims with lengthy waits, calling it "secondary victimisation".
"It is yet another trauma the victim has to experience when all they want is resolution and to be able to move on."
Sensible Sentencing Trust Tauranga spokesman Ken Evans said introducing evening courts should seriously be considered to push through twice as many cases.
The suggestion was put forward in past years but has not gained momentum.
"We believe the wait times are just totally unreasonable. Justice delayed is justice denied," he said.
Mr Evans said the Government was to blame for an overwhelmed system that was short of man power and left victims in "limbo" while criminals walked free.
"The job of the courts is to issue justice as expeditiously as possible. The justice system is obviously not capable of doing the job it is required to do."
Crown solicitor Greg Hollister-Jones said he was concerned about trial delays for High Court but would not comment on the Tauranga District Court.
Mr Hollister-Jones said the High Court lacked the facilities to push through a greater number of trials. There was only one room at the High Court in Rotorua and two in Hamilton, also used for Tauranga trials, with the rooms booked out every working day.
"It's difficult to process through a case any faster because all those facilities are fully occupied. It's all fully scheduled," he said.
"The obvious difficulty is the longer it takes to get to trial the more difficult it is for witnesses."
A Ministry of Justice spokesperson said the majority of cases were dealt with in a reasonable length of time - with 75 per cent of cases in the District Court resolved within 12 weeks.
There were a number of factors beyond the court's control that could delay a trial - including the availability of crown or defence counsel and the availability of forensic or scientific evidence.
The spokesperson said the possibility of extending court hours was an option but the Ministry was currently halfway through a 12-year nationwide programme to build further courtrooms - none of which were destined for Tauranga.
Five new courthouses were built around the country over the past six years and a further two were being planned for Auckland.
Wait times
District Court: Average wait: 283 days; Tauranga 237; ranges from 113 days (Blenheim) to 358 (Auckland).
High Court: Average wait: 305 days; Tauranga (Rotorua) 306; ranges from 136 days (Palmerston North) to 369 (Wellington).

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