Chief Justice Dame Helen Winkelmann said ensuring access to the justice system through the courts had to be balanced with protecting people against Covid-19. Photo / NZME
Seventeen jury-trials in the Napier District Court have been adjourned or rescheduled since August due to Covid-19 disruptions.
But the Office of the Chief Justice says there has been no build-up of active criminal cases in the court as a result of the latest outbreak.
Seventeen jury trial events setdown for the Napier District Court had been adjourned or rescheduled between August 18 and December 7 this year as a result of Covid-19.
It noted that this figure may include cases that have had multiple rescheduled events during the lockdown period.
No jury trial events were adjourned or rescheduled in the Napier High Court.
New jury trials are not expected to resume until February 1, with the courts having established transitional protocols as they move to the new Covid-19 protection (traffic light) framework.
These protocols will be in place until January 31, to allow the courts to set up infrastructure for such practices as vaccination passes and rapid antigen testing.
The courts have a responsibility to ensure access to justice, and so have set in place measures such as remote attendance for people who need to attend court but do not meet the entry requirements under the new traffic light settings, Chief Justice Dame Helen Winkelmann said last week.
"We must ensure access to the courts, and at the same time protect the health of those who work in or come to the courts," Winkelmann said.
"Achieving these objectives in the current environment has involved working through complex legislative and operational issues, which takes time.
"The processes we put in place need to support access to justice, comply with legislation, and be robust and achievable."
Despite the jury trial disruptions, a spokesperson for her office said there had been no build-up of active criminal cases in the Napier District Court during the period of the Delta restrictions.
Between July 31 and October 31 this year, active cases in Napier District Court decreased by 15 per cent from 765 to 654.
Jackie Pearse, the managing solicitor of Hawke's Bay Community Law, said there were concerns among the fraternity that courts were struggling to keep up with a "huge backlog" of cases.
While the organisation did not generally assist with criminal law matters, she had noted huge caseloads in Coroner's courts, with some cases taking up to three years to be heard.
"For grieving families that is a very long time," she said. "The lockdown has only added to that pressure."
A spokesperson for the Office of the Chief Justice said ministry officials were working closely with the judiciary, jurisdictional Heads of Bench and its justice sector partners on initiatives they anticipated would help to address the pressures being felt across the courts.