Cyclone Gabrielle: Courts begin sitting again in flood-ravaged Hawke’s Bay

Cyclone Gabrielle swept through Hawke's Bay last week. Here, farm buildings and a road were destroyed when the Waipawa River, diverted in the 1880s, reverted to its original course. Photo / Mark Mitchell

The wheels of justice are turning again in flood-damaged Hawke’s Bay, with some innovative reshuffling and technological help.

However, jury trials could be affected for weeks, and arrests of alleged looters have been dealt with by courts outside the region.

Four courthouses – in Napier, Hastings, Gisborne and Wairoa – were shut after Cyclone Gabrielle swept down the east coast of the North Island last week.

Urgent matters had to be picked up by other courts around the country, working remotely when disrupted communications allowed.

On Monday, two courtrooms in Hastings were able to reopen for judges to hear bail applications and other matters for people being held in custody.

The judges were hearing cases for both the Hastings and Napier District Courts. The Napier courthouse was closed until Wednesday at the earliest.

Defendants, police prosecutors and lawyers who were not able to attend in person in Hastings appeared via audio-visual technology.

No members of the public were present, although media were able to gain access.

Police said earlier they had made 42 arrests in Hawke’s Bay for looting and dishonesty since the cyclone hit, along with another 17 in Tairāwhiti Gisborne.

Ministry of Justice staff said arrest matters were being dealt with by courts outside the region, working remotely via audio-visual links.

In Gisborne, a safety assessment was being conducted on Monday before the courthouse there could reopen. The court in Wairoa will not open before Saturday at least.

Jury trials due to be held in Hawke’s Bay and Tairāwhiti this week have been called off.

The Chief Justice, Dame Helen Winkelmann, said in a statement to the legal profession on Sunday that jury trials scheduled for March may also be deferred.

She said a final decision on this would be made in the next week after considering the capacity of lawyers and prospective jurors to participate, and the state of jury trial facilities.

“Judges are mindful of the effects of Cyclone Gabrielle on the profession – not just the disruption of their ability to do work, but also the difficulty of attending to the basics of living, such as getting groceries,” Dame Winkelmann said.

“Judges will be conscious of the likelihood that lawyers will need more time to take steps in proceedings and in respect of timetables.”

The High Court registries in Gisborne and Napier were closed on Monday, as they share premises with the district courts.

High Court matters, including any urgent applications, were being heard from the High Court in Wellington.

The court at Waipukurau operates only monthly and is dependent on staff from Hastings, so has been closed indefinitely.

Napier barrister Salavalasia Su’a demonstrated particular dexterity in one of the Hastings courts, appearing via AVL to represent a defendant who was on another link from Hawke’s Bay Regional Prison.

With no court interpreter present, she was interpreting the Samoan language into English for her client while representing his case before Judge Gordon Matenga.