It can take three years to get a sexual assault case to court in Hawke's Bay. Graphic / Aaron Bryan
You Are Not To Blame is a Hawke’s Bay Today series examining the fallout of the region’s significant sexual assault rates. In this article, Rafaella Melo looks at delays - and alternative options - in the court process.
The justice system’s promise is clear: fair, timely justice for all.
But many survivors of sexual violence in Hawke’s Bay say that promise feels out of reach.
In the 12 months to June 2025, sexual offence cases took an average of 221 days to be called for a judge-alone trial.
But if the offence required a jury, it took an average of 502 days to schedule a District Court trial in Hawke’s Bay and 932 days for a High Court trial.
That’s a trend that’s mostly on a par with national averages.
Judge-alone trials nationally took an average of 296 days over the same period, far longer than in Hawke’s Bay.
However, Hawke’s Bay’s High Court trial delays were far more significant.
The national average was 627 days, data released by the Ministry of Justice under the Official Information Act shows.
Of the sexual assaults reported across New Zealand in 2022 that had progressed to a court hearing, 41% were still waiting for an outcome after two years, up from 30% in 2018.
The information comes from a Ministry of Justice report tracking sexual assaults reported to police between April 2018 and March 2024.
Amid the stress of delays in the court process, some victims are making use of other forms of justice.
Between 2022 and 2024, about 800 cases were referred to restorative justice through Project Restore, a legally recognised pathway that gives survivors greater control over the pace and format, while requiring offenders to address the harm in a facilitated meeting.
Pamela*, who was sexually assaulted at 17 by someone she trusted as a friend, reported it to police.
She had expected her case would go to trial so she could “speak up and make sure this doesn’t happen to anybody else again”.
“A week before my 18th birthday, I made the call to the police to report it. And about a week after that, I was called in for my interview with the police,” she told Hawke’s Bay Today.
Pamela said during the investigation, she was referred to counselling for support.
About six months later, Pamela’s perpetrator was charged and arrested, she said.
“Then it was just a waiting game. I felt like I was lost in the system,” she said.
Pamela recalls waiting about eight months for a court date, only to see it repeatedly postponed due to delays on the defence side.
“Then I had a meeting with my investigator, and she essentially said, ‘I think the best option for you is going through restorative justice rather than going through court’.”
Pamela said it felt like a “kick in the guts”.
“I worked so hard to try to be heard and get my justice, and then they said to me, ‘you’re a young, bright spark, and we don’t want to traumatise you anymore by going through court’.”
Project Restore (PR) chief executive Jan Clark says survivors are not required to withdraw charges to access its services.
“Project Restore integrates with the criminal justice system. It handles pre-sentencing (after a guilty plea), post-sentencing, and community cases,” Clark says.
“Conference reports are written after the conference to inform the courts of any outcomes agreed upon, ... potentially leading to lighter sentences if accountability is shown.”
Restorative justice can be referred through the courts, police, corrections, community agencies or even self-referrals.
Clark says the process centres survivors’ voices, bringing victims and offenders together in a safe setting to address the harm caused and agree on steps toward repair.
“The survivor helps to define the outcomes, based on what they feel they need to enable them to move forward,” Clark says.
Offenders may be required to take actions to repair what they have done, such as apologising, attending counselling, or making financial restitution.
Pamela said, in isolation, it did not feel like justice had been served for her.
“There was an initial relief for not having to deal with court stuff, which was consuming a lot of my life, but it had nothing to do with the satisfaction of getting my justice,” she said.
Clark acknowledges survivors can be left frustrated if offenders renege on outcomes.
“This can lead to a sense of injustice and frustration with the RJ process, which relies on the person who caused the harm doing the right thing for the right reasons and in rare cases, they don’t.”
A 2024 evaluation found victim-survivors who took part in Project Restore reported positive outcomes, 63 % said the process helped them move forward, half felt a sense of justice, and 55% reported improved wellbeing.
Many also spoke of the relief of finally being able to tell their story directly and be listened to.
But the results weren’t all positive. Some survivors and supporters questioned whether offenders would genuinely follow through on agreements and whether apologies were authentic.
Police say restorative justice is victim-led and can only proceed with the survivor’s agreement.
“Police will make a referral if requested by the victim. However, referrals are usually received via the Court or other agencies that are engaged with the victim,” acting Detective Inspector Jamie Woods said.
“For lower-level offending (6 months’ imprisonment or less), police can utilise Te Pae Oranga, an iwi/Maori-led restorative principled approach as an alternative to prosecution.”
For Ana* and her daughter, 15-year-old Lily*, the frustration takes a different shape.
Lily alleges she was sexually harmed by her stepfather from the age of 5, a trauma that echoed Ana’s own childhood abuse.
Ana says her daughter is struggling, while hoping for justice.
That has been “painfully” slow. The trial was meant to start in May, but it has been postponed until September 2026. That means almost a three-year wait for the family, Ana said.
“It’s been a joke ... This is so heartbreaking, and it’s so unjust ... It is unacceptable that children have to wait so long to have their day in court and that victims just keep getting revictimised,” she said.
Ministry of Justice spokeswoman Jacquelyn Shannon acknowledges there are delays in the court system.
“A larger volume of complex cases entering our court system is contributing to delays in the criminal justice system,” Shannon says.
“Several initiatives are under way to improve the timely delivery of justice in the District Court.”
A District Court timeliness programme, which sets a standard for criminal cases to progress from first appearance to completion, priority rostering and new protocols are among the steps to help speed up the system.
Shannon says survivors can get support through Court Victim Advisors.
“They help victims understand how the justice system works, stay informed about the progress of their case, and engage in the process to the extent they feel comfortable.”
Where to get help:
If it’s an emergency and you feel that you or someone else is at risk, call 111.
If you have been sexually assaulted, remember it’s not your fault.
Historical offending goes to the police Adult Sexual Assault Team via the 105 phone line, reports at the front counter or online reporting.
If you’ve ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially at any time:
Call 0800 044 334
Text 4334
Email support@safetotalk.nz
For more info or to web-chat, visit safetotalk.nz
Alternatively, contact your local police station - click here for a list.
Rape Crisis Hawke’s Bay - 24/7 support locally. 0800 777 550 or 021 227 6622.
To contact Brave Foundation: Fill out a quick form on their website.
*Victims’ names have been changed.
Rafaella Melo has more than 10 years of experience as a journalist in Brazil. She has worn many hats, from radio and TV presenter and producer to magazine editor before joining the Hawke’s Bay Today team as a multimedia journalist.