Long wait for court criticised

Otago Daily Times

a day ago

An Oamaru resident says the justice system is "flawed" and "very stressful," after waiting nearly a year for a Family Court hearing — far longer than the legal standard of six weeks.
The North Otago resident, who contacted the Otago Daily Times , lodged an application for a protection order and occupation order with the Oamaru District Court in September 2024. However, a hearing date was not set until late April 2025 — scheduled for August 7 — almost 11 months after the application was filed.
"I believe the system is flawed, and my fundamental right to protection and fair access to justice was ignored," the resident said.
They added that the delay has taken a toll on their wellbeing, and say others in the region have given up on the process entirely or transferred their cases to other courts.
"That wasn't an option for me, as I never had a court date allocated — until nearly a year had passed, which is well outside the six-week timeframe required by law."
Under current New Zealand law, if a protection order application is made "on notice"—meaning the respondent is aware of the application and has the chance to respond — a hearing must be set as soon as practicable, but no later than six weeks after filing.
In the meantime, the resident said they were forced to make two additional "on notice" applications to address their situation, which they described as "very stressful".
While the delays in Oamaru remain a source of frustration for some, the government said progress was being made nationally to address court backlogs and improve timeliness.
Last week, Minister for Courts Nicole McKee said initiatives launched under the District Court Timelines Programme are showing promising results. The programme, established in 2023 and jointly led by the Ministry of Justice and the judiciary, includes a range of measures designed to reduce delays, particularly in criminal cases.
"Delays in the justice system affect everyone, from victims and applicants to their families," Mrs McKee said. "The delays can erode confidence in the system. That's why I'm pleased to say we've turned a corner."
Nationally, criminal court backlogs have dropped by 11%. In the High Court, progress has also been made in probate cases, with 84% now resolved within 15 days—up from just 9% in 2023.
However, Mrs McKee acknowledged that much of the initial focus has been on metropolitan courts — especially in Auckland, where delays have been most severe. The new initiatives were only rolled out to South Island District Courts, including Oamaru, in February 2025 — too recently to assess their impact.
She added that timeline standards for the Family Court are currently being developed and will be finalised soon to improve performance and ensure accountability.
In June 2024, the Chief District Court Judge also introduced the Timely Access to Justice Protocol, which sets a goal of resolving 90% of criminal cases within designated timeframes. Some rural courts, including Waihi, Opotiki and Kaikoura, are already meeting or exceeding this benchmark. Oamaru presently sits just below, at 89%.
Mrs McKee said the improvements will help ease pressure on court resources and ensure people experience faster decisions and greater confidence in our justice system.
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