By 3news.co.nz staff / NZPA
Lawyers fear a review of the Family Court system could see "frightening" changes to essential services and access to the court.
Justice Minister Simon Power yesteday released the terms of reference for the review, expected to be available for public consultation in September.
In addition to considering ways to encourage people to resolve problems outside court, the review will look at the state's role in the court, the purpose and functions of the court, and the role of lawyers, mediators, psychologists and social workers in the court.
Mr Power says the increasing cost of running the system needs to be reigned in.
"The review will look at how a piecemeal approach to family law reform has impacted on the efficiency of the court, as well as ensuring it is sustainable, cost effective, and responsive to the needs to those who use it and the taxpayers who pay for it," Mr Power said.
Family Court expenditure increased from $83.9 million in July 2005 to $137.1 million, with legal aid and family-related services among the significant drivers of costs.
Care of children applications, which account for more than 40 percent of the court's direct operating costs, increased from $40.5 million in 2005/06 to $52.3 million in 2008/09.
But lawyer Judith Surgenor says the types of cases Mr Power has used to argue his point are rare.
"It's tragic the minister is holding up those sorts of cases as the norm, not the exception," she told the New Zealand Herald.
"They're frightening reforms, really. People come to family court under massive stress, sometimes after years of violence. There are a number of supports and they are needed.
"To slash and burn something you don't understand isn't particularly wise or fair."
Family law expert Caroline Hannan agrees, telling the Herald:
"People have to be able to access the court if they are unable to resolve things themselves.
"There are some cases where there is no clear cut answer."
Mr Power disagrees that cutting funding will endanger children.
"There's little evidence to show that the increase in spending has led to improved outcomes, particularly for children."
3 News / NZPA