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Home / New Zealand

Black mould and loose lights: Poor state of NZ’s courtrooms impacting victims

By Phil Pennington
RNZ·
27 Sep, 2023 03:59 AM4 mins to read

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Court users "have been pulling their hair out for years and years", Rotorua criminal barrister Andy Hill said. Photo/ RNZ Cole Eastham-Farrelly

Court users "have been pulling their hair out for years and years", Rotorua criminal barrister Andy Hill said. Photo/ RNZ Cole Eastham-Farrelly

By Phil Pennington of RNZ

Black mould. Lights loose and dangling from the ceiling. An entire courtroom flooded.

Those are just some of the problems Rotorua criminal barrister Andy Hill says he has witnessed in local courtrooms that, nevertheless, have had to take on the extra weight of High Court work from Tauranga because it is in even worse shape.

“The court here is an absolute disgrace, quite frankly,” Hill said.

Ministry of Justice papers released to RNZ say families, lawyers and court staff are being impacted by a host of poor and very poor buildings, especially in the upper North Island and among district courts.

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The ministry’s own assessment is that it has spent only a fraction of what it should have on upkeep and infrastructure - but that it would now do better.

A revamp to turn Tauranga into a “model” court - trumpeted by the Government four years ago - has not yet begun, has been pared back, and doubled in price to $208 million for the part that is left.

The courtrooms there that have holding cells are in a leaky, dodgy building.

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“I’ve appeared on a jury trial in Tauranga where a fire alarm went off in the cells there at the back and flooded the entire courtroom,” Hill recounted. “The trial had to be moved to a different court because, literally, water was coming up past the desks.”

Tauranga District Court. Photo / Google Maps
Tauranga District Court. Photo / Google Maps

While the ministry reassesses its properties to prioritise spending, the delivery of justice was suffering, both Hill and crime victim advocate Ruth Money told Nine to Noon on Wednesday.

Court users “have been pulling their hair out for years and years”, Hill said.

The impacts rippled out to victims, defendants, jurors, lawyers and court staff.

Victims suffered as they waited up to three years for a trial, and facilities forced them into close proximity with the accused once a hearing took place, Money said.

“I’m at Manukau District Court today and I have to walk through the door with a rape survivor,” she said.

“Her abuser and their whānau will be at security and hovering outside the courtroom door. That’s the state of it.

“I invite the minister, I invite the ministry staff: come and do a day with me and have a look at this utter rubbish that you are expecting people to survive - literally survive. It’s just a shambles ... heads should roll.”

Judges were not immune, Hill said.

“Three or four years ago, the judge’s lunchroom [in Rotorua] had to be shut down and professionally cleaned because there was black mould throughout it.”

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Yet Rotorua was being required to stretch: Earlier this year, it had to fit in a 13-week trial from Tauranga, sucking up resources, he said. Ministerial notes mention this regular extra stress, too.

As for defendants, “the cells downstairs in the Rotorua courtroom are an abomination”, Hill said.

“They are a concrete, very cold, very sterile, horrible place to be. And often people are held down there for hours and hours.”

For complainants and their supporters, “if the facilities themselves are just second-rate, and are falling down around you, it just compounds what is already a very stressful situation”.

Ruth Money. Photo / Alex Burton
Ruth Money. Photo / Alex Burton

Money was on an advisery group that called four years ago for courts to be revamped, prompting the Government to state “victims routinely provide feedback about the alienating and distressing environment of the courthouse” and pledge $100m for a new “model” courthouse in Tauranga by 2025 - with construction now not due to start till next year.

That advisery group has since disbanded.

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“The buck stops, at the end of the day, with the minister,” Money said.

“However, my experience is that the ministry are the ones that are supposed to be doing their jobs. This is a systemic issue that just shows ... they are not being accountable to the public.

“This is costing people their lives,” she said of survivors grappling with self-harm and being put under unnecessary extra stress.

The Ministry of Justice was approached for comment.

Tauranga was one of 13 key projects, currently costed at $720m and rising.

Rotorua was there, with land bought recently to build a new court, but at the pre-business case stage hazily costed at $50-60m. It had no timeline.

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Previous redevelopment plans were shelved, Hill said.

“Heaven knows how long that’s going to take.”

The ministry put the price tag to upgrade its neglected estate at $1 billion over 10 years, but pressures were pushing that up all the time.

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