More family cases should avoid court, top judge says

Peter Boshier

More cases involving children should be dealt with outside court or by someone other than a judge, the principal Family Court judge says.

Peter Boshier said that only cases such as those involving violence or sexual abuse needed to be heard by judges.

He added that a better and more up-to-date conciliation service was needed to keep some other cases out of court. Legally qualified registrars could take on this work.

In a speech tonight to the Auckland Family Courts Association, Judge Boshier said the changes were needed to maintain confidence and reduce delays as requested by Parliament.

He said: "Better processes could be created for New Zealanders using our Family Court. These can occur in both a better conciliation service and in better use of the Family Court itself."

The current counselling service was out of date and a new conciliation service was needed for those who may not require a court hearing, he said.

This could be either a stand-alone service, as recommended in a 1993 review, or part of the Family Court. However, he said: "The important thing is that it is enhanced and is distinctly different from the Family Court itself."

Changes are already being made to the Family Court - last year the Government announced its proceedings would be opened to the public and media, though with tight restrictions in place. These include anonymity for all parties in cases.

Judge Boshier said in cases involving violence or sexual abuse, delay was the "single greatest injurious factor".

"Only children's cases involving risk to welfare of children should enter the Family Court directly and be closely managed and determined by judges," he said.

The creation of legally qualified registrars to process interim and procedural steps would speed up cases and relieve judges of "enormous administrative work", he said.

Some of the changes he was suggesting could be introduced by judges themselves, but others, such as an expanded conciliation service and more comprehensive access by children to counselling, would require law changes.

He said: "It is of course, not my function to suggest that change should occur and give rise to an expectation that that will follow. That is clearly a legislative function, not mine.

"However, I do think it is my responsibility to highlight the themes that are now so common amongst us, and that is that the way we do things can be done better and that we should all be trying to achieve that."

- NZPA, HERALD ONLINE STAFF