The main Tauranga courthouse, located on Cameron Rd near the intersection with McLean St. Photo / NZME
Tauranga’s $150 million new courthouse development project is “under review” due to inflation, the Ministry of Justice has confirmed.
The news has alarmed local lawyers who say the project is critical and are calling for urgent action to keep it on track.
Just over $150m was budgeted for the Tauranga Moana Innovative Courthouse project in October 2021, covering land acquisition, design, construction and fit-out costs.
So far, around $27m has been spent on the project, according to a senior Ministry of Justice official.
The project is now under review, but the ministry says there has been no change to the objective of building a new courthouse at 27 McLean St, while Justice Minister Kiri Allen says the budget has not been reduced.
Currently, the courthouse is spread across three buildings on two sites - the main building on the corner of Cameron Rd and McLean St, and two buildings on McLean St (McLean House).
Tauranga uses High Court facilities at Rotorua and Hamilton for jury trials, sentencing hearings and High Court appeal cases.
A new courthouse is intended to be built by 2026 at 27 McLean St. It is expected to be between 10,000 and 13,000 square metres and include 13 courtrooms of various types with safe spaces for victims and community and iwi service providers.
The ministry earlier said once design plans were finalised, a business case was expected to be presented to the Government’s Cabinet for a decision later this year.
On January 19, an independent expert consenting panel appointed by the Environmental Protection Authority granted fast-track approval to designate the land for the new courthouse.
Later that month, the ministry confirmed to the Bay of Plenty Times it was revisiting the plans.
Approached for comment, Tauranga Crown solicitor Anna Pollett told the Bay of Plenty Times it was more than disappointing to hear there were issues with the project’s affordability.
“There was an expectation that the critical needs of our local criminal justice system and all those involved in it had been listened to.
“While I accept there may have been an increase in the cost of construction and inflation may have contributed to those costs, it is important to note that the initial budget was allocated before there was any understanding of the significant needs of the region.”
She said the region’s critical need for a new courthouse had been voiced for a long time.
“Tauranga District Court has been operating in a building that has been unfit for purpose for many years. The experience for victims and witnesses in coming to court to give evidence can be extremely distressing.”
She said jury trial case numbers in the Tauranga District Court had more than doubled from around 100 to 110 a year in 2018 to 226 as of February 12 this year, and High Court jury trials had quadrupled, from three to five cases a year to 21 within the same period.
“The financial and human toll of conducting jury trials in Rotorua and Hamilton High Court registries which are also under pressure has always been extremely difficult. But with the increased needs of the Western and Eastern Bay of Plenty, this pressure is becoming insurmountable for some.
“The significant impacts on the communities within this area who have been involved in the criminal justice system need to be recognised, and the project kept on track within the timeframes originally communicated to us.”
Tauranga barrister and local representative of the NZ Bar Association Genevieve Haszard said delays were of “significant” concern.
“It is not sustainable for Tauranga cases to continue to be heard in Hamilton and Rotorua. Doing so causes significant problems.”
She said having lawyers, witnesses and more travel at least 100 kilometres and back to appear each time added a “major cost,” was a barrier to accessing justice and impacted wellbeing.
“While I appreciate the impact of significant increases in cost, there needs to be an urgent review to ensure the project is not unnecessarily delayed.
“We also need to find ways to enable complex matters such as multi-accused High Court trials and coronial inquiries to take place here in Tauranga ... I believe this can occur if there is meaningful and urgent engagement with our key stakeholders.”
Tauranga senior defence lawyer Bill Nabney, who is also a member of the local justice sector network group, said any further delays were unacceptable.
He said defendants facing serious charges were entitled to be tried in the community where their offending allegedly had taken place and in front of a jury selected from the community in which they lived.
“Some people may not care about this, but a defendant’s whānau are also entitled to be there to support them, and that is not always possible give the significant distance they need to travel and the costs involved.”
Nabney said he was also concerned the new courthouse, when eventually built, would not meet the city’s “ever-increasing” criminal workload.
Ministry of Justice deputy secretary of corporate and digital services, Tina Wakefield, said the ministry continued to progress with planning for a new courthouse and there had been no change to the objective of building a new courthouse at 27 McLean St.
“Construction projects across the country are facing significant inflationary cost pressures and supply constraints. As this is also impacting the new Tauranga courthouse project, the ministry is considering how best to approach the development of the new courthouse.
“The ministry is currently ensuring Cabinet is provided with delivery options. No firm decisions have been made on the delivery approach. The work being undertaken to provide information about options does not mean we are starting again.”
Wakefield said the ministry expected to provide further information after Cabinet had considered the detailed business case later this year.
She said around $27m had been spent on the project to date, including $19.5m to acquire the land, plus clearance of the site, the business case development and design plans.
Justice Minister Kiri Allan said no decisions had been made to change the original objective, including the delivery of High Court facilities.
“The budget has not been reduced and the current review is about inflationary pressures and how to manage these pressures. Within this significantly increasing cost environment, the ministry is reviewing the approach to the new courthouse ... At this stage, we do not anticipate a reduction in the budget.”
Allan said she understood the review may be frustrating for local justice representatives, other court users and the wider Tauranga community.
“I am aware the ministry is continuing to consult with a range of stakeholders as it develops the plan for the new courthouse.”
A disregard for authority could be why those attending court are thumbing their noses.