An increase in murder, attempted murder and manslaughter cases is putting the court system under significant strain, the country’s top judge says.
Chief Justice Dame Helen Winkelmann said criminal trials are also becoming longer and more complex, now averaging 17 days – the highest level ever recorded.
Just four years ago the average was 14 days.
Factors behind the increase include more evidence being submitted, sometimes from electronic devices such as mobile phones.
An increase in trials with multiple defendants is another factor adding to the burden.
Murder, attempted murder and manslaughter – known as Category 4 offences – now make up 76% of new cases in the High Court. In 2021, it was 56%.
As a result, Dame Helen warns in her annual report that the court system is facing major institutional challenges.
And she said the courts themselves are becoming more dangerous places with growing security concerns.
The insight published this afternoon is a peek behind the curtains given as Dame Helen notes judges usually only speak through their judgements.
‘Considerable stress’
Dame Helen Winkelmann said criminal trials are becoming longer and more complex. (Source: 1News)
She pulls no punches throughout her assessment.
“Overall, our justice system is under considerable stress,” she said. “I make particular mention in my report of challenges facing the legal profession including high workloads, difficult and distressing subject matter, security concerns in our courts and a constrained legal aid system.
“Lawyers are choosing not to offer their services through the legal aid system. Because the legal profession play a vital role in the work of the courts, this is of serious concern to the judiciary.”
Long term underfunding of legal aid has resulted in a shrinking pool of legal professionals prepared to take on the work at legal aid rates, Dame Helen said.
“This affects all court work, but has particularly affected the criminal defence bar, where there is now a grave shortage of senior practitioners available for more complex and serious cases.”
For those that remain, she says the pay rates are inadequate and that there are also those who cannot afford to pay for legal advice who aren’t eligible for help.
The report lays out that courthouses can be dangerous places, with the number of reported security issues “significantly greater” than a year ago.
On that front work is underway to upgrade docks, creating greater separation between defendants and others in the court. In March, regular security briefings were extended beyond the judiciary and court staff to those who work at court including police, corrections, lawyers, journalists and others.
Still, Dame Helen said it is not all doom and gloom, pointing to the Supreme Court celebrating 20 years this year, and a new digital case and court management system being built to make it “simpler, faster and easier” to engage with courts and tribunals. A number of mock courts have been held this year to test the system.
She also notes that New Zealand scores highly – sixth out of 142 – in an international index run by the World Justice Project, which measures independence, integrity and accessibility of courts as well as their resourcing.
“Our high ranking is based in significant part on the assessment that New Zealand’s judiciary is independent and free from corruption,” she said.
“We are in the minority of countries in which the rule of law did not weaken in the year measured.”
