Costs of specialists court reports have gone up by over 60% in the past five years, with one lawyer saying she was quoted nearly $16,000 for a single report – four times the usual amount.
A lack of psychiatrists means private providers are being called upon, in some cases costing thousands of dollars more and often paid for by the taxpayer.
Since 2020, costs for specialists reports, including those for mental health, has jumped from $14.7 million to $23.7 million this year.
It’s believed a lot of the cost is funded by legal aid, which is funded by taxpayers. The Government said it was concerning and was hoping a review would address it.
“We spend a lot of money on legal aid on behalf of New Zealanders and we’ve got a review underway to make sure the money we spend gets the best outcome,” Justice Minister Paul Goldsmith said.
He also revealed that in recent weeks, Cabinet had decided fewer psychiatric reports were needed to deem whether a person was fit to stand trial. Now, only one report will be required.
“That’ll make a significant change in terms of getting access to those reports and getting things done more quickly,” he said.
Cases delayed up to nine months
The court system is still bogged by delays. A 1News investigation uncovered several cases which were delayed by up to nine months. In one case, a man appeared in front of a judge eight times to be told no psychiatrists could be found to write his mental health report.
“One of my clients had to wait for nine months for a report that should have been prepared probably within a fortnight,” said Criminal Bar Association Vice President Sumudu Thode.
“There seems to be a lack of accountability and this sort of ping-pong between the two government agencies. But ultimately, whether we call it Ministry of Justice or whether we call it Te Whatu Ora, the Government needs to put the resources into this space.”
And while victims don’t have to appear in court each time their accused does, many reported feeling like they were being hauled in to see no progress in their cases.
“It is retraumatising to the victims,” independent victims advocate Claire Buckley said.
There are several reviews into legal aid and mental health legislation by the Justice Ministry and the Law Commission but there were fears it may not be enough to solve the underlying issue.
“I’d really like to make a plea to someone to acknowledge this. Maybe reset our immigration settings to bring in more forensic psychiatrists from overseas to help fill the gap while we train more,” Buckley said.
