Justice close to home

Perhaps the authorities are being prudent in closing the Oamaru and Balclutha courthouses for remedial earthquake strengthening work. Caution in the wake of the Christchurch earthquakes is understandable, and those in charge of public buildings need to be highly aware of their responsibilities. They will also want to cover themselves just in case something did happen.

Perhaps, though, with questions beginning to be raised about engineering and policy and earthquake risk, they are going too far.

It is easy for policy makers, authorities, organisations and individuals to panic in the wake of a disaster like Christchurch and swing too much the other way. A certain degree of risk in life is inevitable, and cool, rational heads are required to determine where the boundaries should be.

Depending on exactly what information the reports on the court buildings contain and until the dust settles on where New Zealand stands on its "earthquake-prone" structures, all that will be hard to ascertain.

But whatever transpires, it is still disappointing that the Ministry of Justice is abandoning doing justice in the two towns for what could be a year or more.

The courthouse closures will cause serious disruption to large numbers of people. Balclutha's court days will shift to Gore, with a registry office in a separate building to remain open, while Oamaru cases will transfer to Timaru. Balclutha's highway trek for court days is, at least, a little less than Oamaru's and Balclutha and the South Otago catchment has a smaller population than North Otago.

Surely, with its police station handy and with various close-by halls and Opera House, efforts could have been made to maintain the court presence in Oamaru. It is too easy for bureaucrats in Wellington to decree that everyone has to go to Timaru. An hour, when that is what commuters in Auckland or the capital might travel anyway, might not seem a huge amount of travelling time. But it is a long way for those who might make two, three, four or more appearances because of remands, the need for reports and for sentencing. The public transport options are limited and, anyway, Auckland and Wellington have various District Court centres across their metropolitan areas. It should also be remembered that defendants are more likely to come from the lower socio-economic groups and getting to and from Oamaru will be an additional burden for them and their families. Much more time off work will be required, where applicable, and child care will be a greater issue. Costs and hassles will rise for lawyers, including for legal aid, and for everyone else connected with the usual three criminal court days every four weeks. In addition, transferring hearings for the Family Court and Disputes Tribunal will cause much inconvenience for many.

It is too easy, as well, for the ministry to use the security excuse.

The fundamental security is through the presence of police and, sometimes, security staff, and that would apply at an alternative venue in Oamaru.

The sudden closure of the 1883 Oamaru stone courthouse on Wednesday came as surprise to the town, and it immediately elicited strong comments. Waitaki Mayor Alex Familton said yesterday "local access in a fair and reasonable manner to the justice system is imperative", and a local lawyer expressed amazement that a well thought out contingency plan for a different venue had not been developed. Mr Familton and Waitaki MP Jacqui Dean have combined to find a solution, and the Ministry of Justice has, at least, now said it would meet lawyers and others associated with the court in Oamaru to discuss their concerns and options.

It seems that it will be too late, even if an alternative venue can be found, for December sittings scheduled for Oamaru to stay in the town. It must be hoped, and expected, nonetheless, that plans can be put in place so that next year the various court fixtures can stay in the town. If a similar swell of opposition to shifting develops in Balclutha, alternatives should be found for there as well. And there is no way, as is feared, that the temporary closure in Balclutha should become permanent. South Otago has already fought that battle. The Ministry of Justice has been precipitous and cavalier in its treatment of the people of both districts.

 

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