Let’s look at what the changes mean for the justice sector.
Crackdown on crime short-sighted, nonsensical
In the wise words of Kevin Costner in the 1989 cult classic Field of Dreams, “If you build it, they will come”.
Building prison capacity, that is.
An increase of $1.94 billion is going towards prison capacity and Corrections officers, with confirmation that Waikeria Prison will increase the number of beds by 810.
Although the Government has pledged to review rehabilitative and reintegration programmes for people on remand, sentenced prisoners appear to be left by the cold, bar-ridden wayside.
In March, the total prison population reached 8891, increasing by 1028 from 7863 in March 2023.
Treasury isn’t convinced either, fearing expected changes to sentencing legislation and other justice policies will lead to a further spike in prison population numbers. Further funding would be needed if prison numbers exceed current forecasts, the Budget Economic Fiscal Update read.
Given the Budget’s emphasis on policing, current forecasts aren’t looking good. For example, a further $226.1 million will fund 500 additional officers and support staff.
I’ve continuously harped on about the short-sighted nature of investing in prisons over rehabilitation.
Prison isn’t just a gateway for more crime – 56.5 per cent of people with previous convictions are reconvicted within two years following release, and 35 per cent are imprisoned after two years, for example – it’s also a huge drain on the taxpayer, costing about $200,000 per prisoner, per year.
The kids aren’t okay
Budget 2024 puts $68.7m towards addressing youth offending, including a “military-style academy pilot”.
Not only is the pilot terrifying, Treasury also said more young people would be classified as “youth offenders” as a result, leading to greater court costs.
Clogging of the courts may increase too, with cuts of $3.5m from “lower demand” for court interpreters, specialist services, and coronial medical reports.
Operating funding for Te Ao Mārama – an initiative that promotes “timely justice” and greater involvement for all court participants – is also on “pause” pending a review.
As of March 2024, youths aged under 20 comprised 1.4 per cent of the prison population, compared with 1.2 per cent in March 2023 and 2022. Compare this to 1980, when a whopping 29 per cent of the prison population was under 20.
Ultimately, we’re talking about a minority who are expensive, vulnerable to reoffending, and likely the product of broader socio-economic, developmental, and cognitive issues.
Legal aid glaringly absent
Legal aid funding has not decreased per se, but “savings” from the legal aid budget will be returned rather than reinvested. The Government cited four-year savings of $18.868m from Covid-19 resources and $3.14m from “operational policy adjustments”.
“Operational policy adjustments” could refer to cuts induced by removing section 27 reports.
Progressed under urgency, Justice Minister Paul Goldsmith told the House that although the cuts were not unanimously supported, the Government remained convinced they were “necessary to rebuild the confidence in the justice system and public spending”.
Notably, Goldsmith appeared to ignore the Ministry of Justice’s advice that there wasn’t enough evidence to determine the impact or effectiveness of such a decision.
Back to the Budget. The Law Society’s David Campbell said costs have increased and will continue to do so with new legislation such as the Gang Legislation Amendment Bill.
“Without fair remuneration, we will see a continuing reduction in the number of lawyers willing to provide legal aid. At a time when the judiciary is working hard to clear case backlogs, insufficient lawyers to assist the public will result in poor outcomes for families, individuals, and victims,” the vice-president said.
Notably, the last review into legal aid was in 2018.
Walls okay for now
Budget 2024 includes a net increase of $8.33m for “detailed project investigations, the development of business cases, and project operating costs relating to capital work to be completed on priority courts”.
In other words, major courthouses will be getting an infrastructural facelift.
Although the Law Society has welcomed the seismic-strengthening funding boost, it’s concerned about the remaining $1.8b needed for necessary courthouse repairs, maintenance and upgrades.
“The condition of courthouses across the country, and the availability of amenities, has been an increasing topic of concern amongst the profession,” the professional body said on its website.
“While the Law Society and local practitioners work with the Ministry of Justice to improve conditions to the extent possible, budgetary constraints have often limited what can be done.”
The walls may be crumbling, but an increase of $2.43m will cover the need for better security, which could be attributed to policy decisions targeting gangs.
Speaking of increases, the cost of accessing justice is set to rise. Budget 2024 plans to save $43.4m over four years thanks to increased court filing, enforcement, and fine collection fees. Although details aren’t available, the sentiment is clear – access to justice is reserved only for those who can afford it.
“Efficiencies” may be the plat du jour, but I fear the Budget’s short-term measures will lead to more crime, costs, delays, and barriers to justice.
