Ministry of Justice staff describe 'fluffy' strategy, exhausted workforce

Staff at the Ministry of Justice have reported an overworked, under-resourced and directionless organisation underpinned by a hodge-podge of "fluffy" strategy documents.

A review into the ministry led by Public Service Commissioner Sir Brian Roche said significant change was needed to improve access to justice because "the status quo is not sustainable". the ministry's boss agreed.

The review released on Thursday was sparked by outgoing Justice Minister Paul Goldsmith's concern about the ministry's handling of a former employee, who was suspended on full pay for five years while he faces serious criminal charges.

It revealed a culture marred by leadership, decision-making and accountability issues.

But it also highlighted a justice system under "intense pressure", with challenges that are persistent, complex and difficult to resolve. That included more people going through the court system, more complex cases, cost pressures and workforce and infrastructure constraints.

"At the same time, expectations of service quality, accessibility and timeliness continue to rise while the ministry leads major change through Te Au Reka, one of the most significant court administration reforms ever undertaken in New Zealand and a programme representing a significant investment."

Te Au Reka is a new digital case management system.

The Commissioner suggested tweaks around the edges of the ministry would not cut it.

"The pressures facing the justice system have been building for many years and will not be resolved through harder work, additional process, or further organisational complexity.

"The ministry has an opportunity to move beyond managing today's pressures and towards helping shape a justice system that is more effective, accessible, trusted and sustainable."

No clear direction, staff exhausted

Staff told the review it was not clear what they were working towards. They said there was no shortage of planning and strategy documents, but they were "overly bland at best and at worst confusing".

One manager said the strategy was "an aspirational document with some fluffy words" and questioned what it meant in practice.

Staff were stuck dealing with whatever immediate priorities were placed in front of them by the government of the day, and wondering whether they are focusing on the right things.

The review said clarifying the ministry's vision as strategy must be its single most urgent priority, and leadership, culture and performance would flow from that.

Frontline staff reported no clear plan for addressing demand and backlogs, instead resorting to temporary measures like overtime. Such patch-up solutions resulted in overworked and exhausted staff, the report said.

Focus weighted towards policy, not the courts

The review found the ministry produced high quality policy work, but that received more attention and resource than operations.

"For example, we were surprised that there is no room in the ministry's executive team for a manager dedicated to the District Court (the busiest court in Australasia)," it said.

They were equally surprised about thin resourcing allocated to support judges with judicial policy and the future development of the courts.

"We strongly suggest this be re-examined."

One interviewee commented: "...they sometimes seem like people running a hospital who've never been on a ward. Everyone in that place must understand, live and breathe the work of the courts, not just the frontline."

Frontline staff felt senior managers did not listen to their suggestions for improvement, reporting a "highly hierarchical and siloed culture". Others feared making suggestions.

Ministry 'moving with urgency'

Justice Secretary Andrew Kibblewhite said it was clear the justice system had to change.

"The review concludes that the way we work currently is not sustainable and I agree," he said.

"As chief executive I accept the findings and I will ensure the recommendations are implemented."

He said the ministry was working with the judiciary to reimagine how the court and tribunal system can work.

Goldsmith said the Public Service Commission would work with the ministry's leadership team to address the problems.

"Further actions are ultimately for the Commission to determine, and I am sure the next minister will have particular views on the matter."