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Home / Whanganui Chronicle

Sudden closure of Ohakune District Court causes concerns around access to justice

Leighton Keith
By Leighton Keith
Open Justice multimedia journalist, Whanganui·NZ Herald·
28 Oct, 2022 04:00 PM5 mins to read

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Doors at the Ohakune District Court hearing centre, 6 Rata St, which services the Ruapehu District were shut without warning on September 16. Photo / Bevan Conley

Doors at the Ohakune District Court hearing centre, 6 Rata St, which services the Ruapehu District were shut without warning on September 16. Photo / Bevan Conley

The sudden closure of a tiny wooden courthouse in rural New Zealand has the legal fraternity fearing easy access to justice could be lost to the community.

Doors at the Ohakune District Court hearing centre, 6 Rata St, which services the Ruapehu District were shut without warning on September 16.

The Ministry of Justice has confirmed the facility was closed, until further notice, due to health, safety and security concerns with a required upgrade estimated to cost several million dollars.

Open Justice understands without the remedial work the courthouse will not reopen, leaving the district's population of 13,000, spread across an area of 6734 square kilometres, facing a long journey to access justice.

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The next closest courthouse is in Taihape 56km away, Taumarunui is 78km away while Whanganui is 99km away.

Ministry of Justice acting chief operating officer Andrea King confirmed the building had been temporarily closed as the risk level for operating courts exceeded the acceptable standard.

"The risks identified included substandard or non-compliant facilities, insufficient custodial facilities, and the risk of injury," King said.

"Initial high-level investigation indicates that upgrading the Ohakune premises to an acceptable and fit-for-purpose state would cost several million dollars."

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King said the ministry was consulting with the judiciary, and local and justice sector partners to understand their views on the future of court services for residents of Ohakune and surrounding areas.

"All active cases which were being heard in Ohakune have been transferred to Taihape, and no new cases will be heard in Ohakune until further notice."

She said ministry staff had contacted all parties affected by the closure and were working with people facing having to travel to Taihape to schedule hearings for convenient times and dates.

Remote participation for those unable to travel was being considered on a case by case basis.

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Chris Wilkinson-Smith, who is the vice-president New Zealand Criminal Bar Association, said the organisation was very concerned about the move.

Wilkinson-Smith said the courthouse serviced a large geographic area in the western and southern areas around Mt Ruapehu and there were no suitable public transport options to other courthouses.

"The criminal bar association supports access to justice and that is best achieved by upgrading the court so it can remain a permanent facility for the wider Ruapehu area," he said.

Whanganui lawyer Jamie Waugh said the closure, which he believed was unlikely to be temporary, would create significant issues for the community to access justice.

"Ohakune Court serves a low socio-economic community who are unlikely to be able to afford to travel to either Taihape or Whanganui," Waugh said.

With a lack of public transport available and high fuel prices Waugh believes the closure would result in people failing to attend their court appearances.

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"The cost of petrol to travel between Ohakune and Taihape will have to come out of money that would usually be used for food.

"The decision to feed your kids over going to court is not a difficult one."

Waugh said the closure would result in a further decrease in the trust the community had in the justice system.

Mark McGhie, of Ruapehu Law, said the facilities at the courthouse were very basic and didn't include interview rooms.

"If you want to talk with someone in private, then you have to go outside on to the footpath," McGhie told Open Justice.

Lawyer Richard Leith said he was disappointed to hear of the closure.

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"I think that there is a justice need there, that's not going to be met if it's closed down," Leith said.

Ruapehu District mayor Weston Kirton said the council would be making a submission in favour of keeping the facility open.

"The first priority is to retain a presence for justice within this community and make it accessible for the community that is at risk of losing these types of services," Kirton said.

Like Waugh, Kirton was conscious the move could result in people failing to attend their court appearances.

"That's a real issue, probably more so than ever. People's ability to go to the place where the Government has stipulated they must go, is a real issue."

Lawyer Anna Brosnahan said the real issue was about access to justice.

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"The closure is going to result in the people that we need to participate in the justice process aren't going to be able to engage in it, in a meaningful way, the support people, the victims and their families as well as the offenders," Brosnahan said.

"Effectively the closure of the court will present a barrier to accessing justice to those that rely on this facility."

A New Zealand Law Society spokesperson said it had been advised of the closure by the ministry and its views on the option for the future of court services to Ohakune and surrounding areas had been sought.

"We are currently gathering the views of local practitioners."

The ministry did not say when a final decision on the courthouse's future would be made or whether it would be able to continue to operate without the facilities being upgraded.

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