Security gaps hold up courts

Concerned judges have been adjourning or vacating court hearings in South Auckland due to a lack of security staff inside courtrooms.

Lawyers working in both the criminal and family courts in South Auckland told Stuff court hearings were increasingly being adjourned by judges due to the lack of security staff.

One criminal lawyer said it had been happening on a ‘‘daily basis’’ at the Manukau District Court, but had improved in recent weeks.

It is understood the other courts affected were the Papakura and Pukekohe District Courts.

Family Court lawyer Kirsty Swadling said the issue was causing unneeded stress to those caught up in the court process. ‘‘Anecdotally there have been a number of concerns raised about cases needing to be put off where there have been risk factors that mean a security guard should be present but no security guard has been available,’’ she said.

‘‘There are already too many delays in the Family Court and any further delay is of serious concern.

‘‘Delays only make difficult situations worse and are certainly hard on children who are caught in the middle.’’ Often the hearings were being called off at the last minute, Swadling said. ‘‘I understand that cases are being adjourned only when people have got to court. The reason that security officers are needed is because of potential violence. Parties who arrive at court only to be told that they will not be proceeding will be understandably upset. This itself gives rise to a heightened risk of violence in circumstances where there are not enough security guards present.’’

Lawyer Allan Cooke said just this week he had been in a hearing where there were no security officers present but the judge decided to proceed.

However, this year he had about four cases which had been adjourned due to there being no guards.

‘‘It is a fundamental issue. It is not unknown for judges to be the subject of abuse and violence.’’

Chief District Court Judge JanMarie Doogue said she was ‘‘aware’’ of lawyers’ concerns about security in the courts.

‘‘The Executive Judge for South Auckland keeps me posted whenever security-staff shortages impact on court sittings which, regrettably, happens from time to time.

‘‘All District Court judges play their part in ensuring public safety in their courtrooms and where, on commencing court, they perceive the public are unsafe they will adjourn hearings till appropriate security arrangements are in place,’’ she said.

The guards were the responsibility of the Ministry of Justice, Judge Doogue said. ‘‘I appreciate this may be inconvenient for court users, but judges feel an obligation to public safety in their courtrooms, and safety must take priority.’’

The Ministry of Justice general manager for health safety and security, Melissa Gill, apologised for delays.

‘‘This can be due to a number of factors including unavailability of court security resources that have been deployed elsewhere within the courthouse to manage security risks.’’

In Budget 2017, $11.9 million was invested over the next two years for about 100 additional security personnel across New Zealand’s court system.