Hawke’s Bay ‘diabolical’ lack of attorneys in household courts – New Zealand Herald

Barrister Susan Hayward said a lack of family lawyers in the area was a major problem. Photo / supplied

A shortage of family law attorneys in Hawke’s Bay is making it increasingly difficult for people to gain access to the courts.

Napier-based attorney Susan Hayward is currently juggling approximately 75 cases in court
Napier, Hastings and Waipukurau.

“There are too many,” she said.

It’s part of a growing problem in provincial areas like Hawke’s Bay, where a shortage of family lawyers coupled with an increase in cases and a backlog of Covid-19 has made it difficult for people to get an appointment for a lawyer.

“We definitely have a shortage of numbers, but cases have also gotten so much more complex that they don’t end quickly or that easily.

“It’s more than a defect. It’s devilish.”

Hayward has practiced in New Zealand for more than 30 years but does not know what contributed to the shortage.

“I can’t really tell you why.”

She said part of it could be that people “don’t like dealing with people who have problems”.

“It’s people’s life.

“You often have drugs and domestic violence. It certainly isn’t easy.”

She said that in Napier, and at least in Hastings, five other family lawyers were easy to work.

Jackie Pearse, executive attorney for Hawke’s Bay Community Law, agreed that the shortage is a problem in all rural communities.

“We are very concerned about it.”

The difficulty of bringing things to justice and getting them through quickly increased tension between families, she said.

“And because of the backlog on Covid-19, the courts are really clogged.

“That means things will be resolved in a timely manner, which increases family tensions and makes things more difficult.”

Both the Department of Justice and the New Zealand Law Society are investigating this.

Napier-based chairwoman of the New Zealand Law Society’s family law division, Caroline Hickman, said the shortage is a real example of problems accessing justice.

“We know that many people in need of legal help with family matters often have difficulty finding someone to help them, and this increases the stress they are already under.”

Napier-based chairwoman of the New Zealand Law Society’s family law division Caroline Hickman said they would look into the matter but hoped recent changes would improve. Photo / supplied

She said it could be challenging for lawyers to manage the number of cases as it could be difficult to turn people away.

“Family law is an incredibly rewarding area, but there was additional pressure on lawyers from changes in the family justice system in 2014.

“However, as of July 1, 2020, the law was changed again to give parties access to family law advice from the start of filing legal proceedings.”

A decline in the availability of legal aid could also have contributed to the shortage of new family lawyers, she said.

Hickman was optimistic that these changes could improve the system as a whole.

“We will continue to advocate increasing legal aid rates and court-appointed attorney rates in our family law department as they have not kept pace with the rising cost of running a law firm and are hindering the retention and recruitment of lawyers for family attorneys.”

The Department of Justice is analyzing data to determine current levels of benefits for access to family court lawyers in Hawke’s Bay and other parts of the country.