Hawke's Bay's 'diabolical' family court lawyer shortage

Barrister Susan Hayward said a shortage of family lawyers across the region was a big problem. Photo / Supplied

A shortage of family court lawyers across Hawke's Bay is making it increasingly difficult for people to get access to the courts.

Napier-based Barrister Susan Hayward is currently juggling about 75 cases across courts in Napier, Hastings and Waipukurau.

"That's too many," she said.

It's part of a growing problem across provincial areas like Hawke's Bay where a shortage of family lawyers, coupled with an increase of cases and a court backlog from Covid-19 have made it difficult for people to get an appointment for a lawyer.

"We do definitely have a shortage in numbers, but cases have also become so much more complex that they don't end quickly or as easily.

"It's more than a shortage. It's diabolical."

Hayward has been practising in New Zealand for more than 30 years, but doesn't know what's contributed to the shortage.

"I can't really tell you why."

She said part of it might be that people "don't like dealing with people who have problems".

"It's people's lives.

"Frequently you have got drugs and domestic violence. It's certainly not easy."

She said there was easily work out there for five more family lawyers in Napier and at least that in Hastings.

Jackie Pearse, managing solicitor of Hawke's Bay Community Law, agreed the shortage was a problem throughout rural communities.

"We are very concerned about it."

Difficulty getting things into court and processed quickly, added to tensions among families, she said.

"And because of the Covid-19 backlog, the courts are really clogged.

"That means things are being resolved in a timely way and that increases family tensions and makes things harder."

It's something both the Ministry of Justice and New Zealand Law Society are both looking into.

Napier-based chairwoman of the Family Law Section of the New Zealand Law Society, Caroline Hickman, said the shortage was a real example of problems with access to justice.

"We know that many people who need legal help in family matters often struggle to find someone available to help them and this adds to the stress they are already under."

Napier-based chairwoman of the Family Law Section of the New Zealand Law Society, Caroline Hickman said they were looking into the issue but hoped recent changes would see an improvement. Photo / Supplied

She said it could be challenging for lawyers to manage caseloads as it could be hard to turn people away.

"Family law is an incredibly rewarding area, but there have been extra pressures for lawyers brought about by changes to the family justice system in 2014.

"However, from 1 July 2020, the law was changed back to allow parties to access family legal advice from the start of filing legal proceedings."

A decrease in availability of legal aid may have also contributed to the shortage in recruiting new family lawyers, she said.

Hickman was optimistic these changes might improve the system overall.

"We will continue to advocate through our Family Law Section for an increase to legal aid rates and rates for court appointed counsel, as these have not kept pace with the rising costs of running a law practice and are a disincentive to the retention and recruitment of family lawyers."

The Ministry of Justice is analysing data to determine current service coverage levels for access to Family Court lawyers in Hawke's Bay, as well as other parts of the country.