“It’s really not tackling the backlog issue, because what you’re having is the firm trial continuing, and the back-up trial’s just getting adjourned to another date.”
Thode said back-ups require lots of preparation and for those involved to be available.
She said it’s frustrating for lawyers to have to incorporate back-ups into their schedule, when their court time is uncertain.
Thode added it makes diary management difficult, while impacting workload and income.
“If you’ve got a two-day trial, you’ve kind of got to be available for five days. And then it’s whether you take other work on ... because if you take work on, you might be double-booked, but if you don’t take work on, you haven’t got enough.”
But the Ministry of Justice said standby trials play a vital role in ensuring the best use of resources, given the high rate of jury trials that don’t proceed as scheduled.
Without back-ups, valuable judicial and court time is wasted, the ministry’s courts and tribunals, regional service delivery group manager Jacquelyn Shannon said.
She said over the last year to April 2025, 439 reserve trials were completed nationally.
It comes as Minister for Courts Nicole McKee recently praised progress made on the backlogs, citing legislation and judicial KPIs (key performance indicators).
The latest statistics show since April 2023, the number of jury trials awaiting hearings in Auckland has dropped by 8%.
Overall, there was a 26% reduction in the Auckland District Court’s criminal backlog over the past year, with an 11% drop nationally.
It follows the Government putting an extra $246 million over the next four years towards improving court timeliness and access to justice.
In the year ending March 31, 2025, 81% of all cases were disposed within the expected timeframes.
However, backlog cases only decreased 9% in the same period.
Thode is concerned the back-up system increases the pressure on lawyers’ workloads.
But she said it’s more than just lawyers affected.
“It has a huge impact on the defendants and their families, complainants and their families, other witnesses and police officers ... it just doesn’t allow anybody to plan.”
She said she would like to see more certainty provided for everybody involved.
“The difficulty is when you have such a backlog of cases, right now getting certainty might mean getting a firm trial in two years’ time.
“It’s finding that balance of finality, but also making the most of the resources we have available.”
The Ministry of Justice said everyone in the justice sector is working together to reduce delays and improve timely access to justice for all.
