The Government is vowing to cut court backlogs including long delays in the Family Court jurisdiction.
The Government is vowing to cut court backlogs including long delays in the Family Court jurisdiction.
Northland has one of the worst backlogs and some of the longest wait times for Family Court hearings in the country.
And, as the Government vows to reduce court delays across the sector, Labour’s spokesman for courts Greg O’Connor, is keeping a close eye on anysignificant progress attributable to the previous (Labour) Government’s initiatives, including its 2023 Family Court Associates legislation, which was retained and set in motion by the new Government this year.
The Family Court deals with a diverse set of issues, from the care and protection of children, family violence, to divorce and relationship property.
There were currently more than 16,000 active cases in its jurisdiction nationally and the average age of those cases was more than 300 days.
O’Connor said the previous Government’s Family Court Associate roles were designed to reduce judges’ workloads - possibly by up to 25% - enabling them to focus on substantive matters.
Six associates were appointed by the new coalition Government this March - two of them based in Auckland, four in Christchurch.
Parliamentary questions put by O’Connor this year sought data on delays in the Family Court for each of the country’s 17 justice service areas.
According to that data, Northland’s courts (Taitokerau) have the highest number of Family Court cases aged older than two years (50 cases), of which 31 are older than three years.
The average age of cases in the Taitokerau service area is 371 days - 63 days greater than the national average. In Taitokerau, between July 2023-June 2024, 7.5% of total disposed applications were aged over two years - greater than the national average of 5.1%.
Taitokerau also has the sixth-highest number of applications (894) yet to be even scheduled for a hearing. Canterbury leads that lag with 1518 applications, followed by South Auckland (1297), Waikato (995), Waitematā (941), and Manawatū/Wairarapa (891).
O’Connor said the previous (Labour) Government had also started work on projects like the digital strategy for courts and tribunals, beginning with the Family Court, to help reduce the administrative burden on court staff and speed up court process.
“We have been asking for data on delays in the family court to see whether those changes have made a difference, and to keep tabs on what this government is doing to continue progressing this important work.
“I will also be looking to see whether the Government’s $31 million decrease in [the overall budget for] courts has an impact.”
O’Connor also noted the previous Government’s work “to better support families and children through the family justice system, including establishing Kaiārahi – Family Court Navigators and ensuring children have legal representation particularly where the Care of Children Act is being considered”.
Associate Justice Minister Nicole McKee said improving timely access to justice was a priority for the new Government across the District Court, including in the Family Court.
Courts and Associate Justice Minister Nicole McKee. Photo / NZME
Court backlogs were the “combined effect of Covid-19 lockdowns, associated alert level periods, extreme weather events and industrial action”.
“The Family Court is the second-largest division of the District Court and delivers justice services related to 31 pieces of legislation.
“Family Court matters are often complex, and they often take time to resolve, especially when they involve disputes about the care of children. Care of Children Act applications made up 52% of total active applications. These applications have an average active age of around a year.
“There are several factors that can influence delay in Family Court applications. This includes the time it takes to progress each type of application through the court, the case mix of those applications, any requirements for specialist reports, and the rate at which applications are defended.
“The number of active family applications has been steady over the last five years. However, new defended applications have risen after hitting a five-year low in July 2022. They have now retuned to pre-Covid-19 levels, at 43% of all applications.
“Timeliness has improved for both defended and undefended applications nationally in the last year, with average disposal times down 2% and 4% respectively.”
The Ministry of Justice had established a Family Court work programme to enhance its operation, improve access to justice and reduce delay, McKee said. That programme included the introduction of the Family Court Associates initiative, the design of which had remained unchanged. Work to embed the role and powers in relevant legislation in line with original policy intent was ongoing.
Sarah Curtis is a news reporter for the Northern Advocate, focusing on a wide range of issues. She has nearly 20 years’ experience in journalism, much of which she spent court reporting. She is passionate about covering stories that make a difference.
