Youth victims and witnesses should be treated with the same flexibility and understanding as youth offenders, Minister of Justice, Simon Power, told an audience at the University of Otago yesterday.
Unveiling another aspect of proposed changes to the judicial system, Mr Power said it was ironic New Zealand had taken an innovative approach to youth justice, including courts sitting on marae, but victims and witnesses were not extended the same flexibility.
"We have a special jurisdiction and system for offenders under 17 years of age through our Youth Court, so why not have a special approach for victims and witnesses under 17?"Mr Power favoured a "quasi-inquisitorial" system, reducing the risk young people would be questioned in an "aggressive manner".
He would like to see interviewing, including cross-examination, take place away from the courtroom, and happen as close as possible to the time of the events in question.
Turning his attention to the legal aid system, Mr Power said that as well as quality improvements, the system's cost had to brought under control.
Last year, the legal aid system cost $128.6 million, and in three years would be more than $200 million.
Possibilities were spending caps, restrictions on eligibility, fixed fees to control costs, and bulk funding law firms.
Of particular concern were legal aid costs associated with the Family Court.
Since 2007, spending had increased 51% to $38.9 million.
This was because of a loosening in eligibility criteria introduced under the previous government.
NZPA reported that a Bill that will fundamentally change the legal aid system passed its first reading in Parliament last night.
Minister of Justice, Simon Power's, Legal Services Bill is the Government's response to a report by Dame Margaret Bazley, released late last year, which found many lawyers were delivering poor service and using the system to make money.
Minister of Education, Anne Tolley, speaking on Mr Power's behalf, said the report identified failings which posed serious risks to the future of the legal aid system.
The Bill will disestablish the Legal Services Agency and make the Secretary for Justice responsible for administering the system.
It will establish a Legal Services Commissioner as an independent statutory officer, within the ministry, who will be responsible for deciding grants for legal aid and the management of cases.
The Legal Aid Review Panel, which reviews decisions of the agency, will be replaced by a Legal Aid Tribunal.
There will be a new quality-assurance framework, which has been developed in consultation with the Law Society, to ensure all legal aid lawyers have the skills to do the job, and that complaints are addressed.
The Bill has been sent to the justice select committee for public submissions.
