O’Shea said the change would put the Nelson-Marlborough region in line with the rest of the country as most publicly (health board) funded addiction services had not provided these reports to the courts for many years.
A Health New Zealand spokesperson said the contractors provided the service in other courts, but not through the health board structure.
Ministry of Justice group manager, courts and tribunals Jacquelyn Shannon said in other courts alcohol and drug reports were funded by the Ministry of Justice when a judge ordered a report or a legal aid lawyer commissioned a report for their client and requested reimbursement from Legal Aid Services.
“Where a report is sought by an offender who is represented by a private lawyer, the lawyer may engage with a private provider, and the lawyer incurred the cost of obtaining the report,” Shannon said.
O’Shea said that like most areas of health, demand for mental health and addiction services was increasing and client needs were more complex.
“Our addictions workforce is under pressure and we, as a service, need to focus on our core business of providing care to our alcohol and drug clients,” O’Shea said.
Nelson MP Rachel Boyack told NZME she was concerned to hear of the cuts with no clear alternative proposed by either Te Whatu Ora or the Ministry of Justice.
“The sudden end of this frontline service at the end of the month could mean that Nelsonians going through the justice system miss out on something available in other parts of the country. I don’t think many people would find that fair, and I’ll be following up with Te Whatu Ora.”
Lawyer Steven Zindel, who was in court and heard Judge Rielly’s comments, said the situation was alarming.
He said the reports were cost-effective and invaluable in providing useful information in the sentencing process.
“If addictions can be managed or cured then that is one of the best crime prevention techniques that is available.”
A Ministry of Justice report said that abuse of alcohol and other drugs remained a major driver of crime requiring social investment.
Around 60 per cent of community-based offenders had an identified AOD (alcohol and other drug) need and 87 per cent of prisoners had experienced an AOD problem over their lifetime, the report said.
O’Shea said Nelson-Marlborough Health had been in communication with the courts regarding this change for some time now, having first informed them well over six months ago.
“We have offered the courts support in putting a plan in place for other report writers to continue this work. We have also offered to develop a pathway that would allow new report writers to refer defendants to our addictions service.”
O’Shea said they were also working with the Ministry of Justice to minimise disruption during the transition.
It follows the Government’s recently announced plans to introduce a bill to axe funding for cultural background reports nationwide.
The reports provide context about an offender and their upbringing and history, and have been called invaluable by many in the justice sector, but are often cited as contributing to a judge’s reasoning for giving a discounted sentence.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
