The family of a Northland woman killed in a crash say the justice system has given them a "kick in the guts" by letting the disqualified and suspected drunk driver thought to have caused it out on bail - twice.

They say the fact Warren John Jenkins left hospital before he could be charged should have prompted the court to keep him in custody in the first place.

They cannot understand why on Tuesday, he was let out on bail a second time, despite having been arrested the day before for allegedly breaching his bail conditions.

The 49-year-old is suspected of causing the March 17 crash on State Highway 10, about 15km south of Kerikeri, which fatally injured Kerikeri mother Katherine ("Rin") Kennedy.

Police say his four-wheel-drive collided head-on with a car Ms Kennedy was driving. She died a few hours after being airlifted to Whangarei Hospital.

Jenkins was also airlifted to hospital but discharged himself two days later, before police could interview him a second time.

Widespread publicity led to a tip-off from a member of the public and his arrest as he slept in a car parked in Auckland.

He appeared in the Auckland District Court on March 22 on two charges of driving while disqualified.

Despite police opposition, Jenkins was granted bail and told to return to court today.

But he was arrested again on Monday night for allegedly breaching his bail conditions.

He appeared in court on Tuesday with a fresh charge of breaching bail - only to be released again.

The decision to let Jenkins out on bail, twice, has stunned Ms Kennedy's family.

Brother Chris Kennedy said: "I just don't get it. It seems a farce, and such a waste of everybody's time to keep letting him out and having to arrest him again. It's extra stress for the family."

Another brother, Hamish Kennedy, said the judge seemed to be "out of touch".

The brothers said their lawyer had assured them Jenkins would almost certainly be denied bail.

More than 300 people attended Rin Kennedy's funeral in Kerikeri last week.

- APN NEWS & MEDIA