In 2009, then-Justice Minister Simon Power appointed an experienced civil servant, Dame Margaret Bazley, to review the entire legal aid system after it was reported that it had been dismantled by a small group of incompetent and unscrupulous lawyers. Their report, released in November of that year, noted that some lawyers were ill-prepared for cases and were “gambling” the system by delaying pleas to maximize legal aid payments. She added that some lawyers require “top-up payments” from clients in addition to what they receive from legal aid. [20] [21] Find out about your legal aid lawyer, paying a legal aid debt and available legal aid forms. The procedures for granting legal aid in criminal cases were clarified by the Legal Aid for Offenders Act 1954. It empowered “any court having jurisdiction in criminal matters may, at any stage of the criminal proceedings, order, in accordance with this Act, that legal aid be granted to any person prosecuted or convicted of a criminal offence if it considers it desirable in the interests of the administration of justice to do so”. [6] The court would then hire a lawyer who would be paid at the “current rate” – the same rate he would receive if he had represented the lawsuit. [7] Find out what to do if you disagree with a legal aid decision and how to apply for a review of a legal aid decision. Initially, the Public Defence Service (PDS) employed a limited number of lawyers to work in Auckland`s courts on a salary, rather than paying private lawyers for these cases. It began as a pilot project in May 2004.
[24] In response to Dame Bazley`s review, and in an attempt to keep the cost of legal aid below $100 million per year, former Attorney General Simon Power announced a series of changes, including an expansion of the PDS to cover 50% of criminal legal aid cases. A forensic accountant hired by the Criminal Bar Association noted that the cost of legal aid is compounded by the 1% of high-profile criminal incidents, which account for 27% of the total legal aid bill. [17] For example, legal aid for the David Bain case, which lasted 13 years, amounted to more than $3 million. [18] Nearly $4 million was spent defending the 18 people arrested during the terrorist raids in Urevera. [19] Contact the Wellington or Auckland office using the contact information below. You can use these legal aid forms in PDF format to apply for help. www.justice.govt.nz/Tribunals/legal-aid/legal-aid-Tribunal`legal aid is an important part of the New Zealand judicial system. It helps people solve legal problems that may go to court and ensures that people are not deprived of justice because they cannot afford a lawyer. Find out if you can get legal help, how to apply for legal aid and how to find a lawyer. “The Cabinet agreed that I should start working immediately so that Cabinet could consider integrating the LSA into the Ministry and appointing an independent legal officer to oversee the provision of legal aid and the handling of cases by the Public Defender Service. Find out what help you can get if you are involved in litigation or difficulties. Justice Minister Simon Power has accepted the resignation of four members of the Legal Services Agency`s board of directors to implement some of the recommendations of Dame Margaret Bazley`s review of legal aid.
“The government is particularly concerned about what Dame Margaret described as a threat to the sustainability of the legal aid system caused by the governance of the system. Legal aid is government funding to pay for legal aid for people who cannot afford a lawyer. Community legal centres provide free legal information and advice to people who cannot afford private access to a lawyer. New Zealand judges had long had the power to appoint a defence lawyer,[1] but under the Westminister Poor Prisoners Defence Act 1903,[2][3] efforts were made to introduce similar legislation in New Zealand. [1] [4] This was the Justices of the Peace (Amendment) Act, 1912, which provided legal aid for crimes. [1] The Legal Aid Act 1939 (No. 42)[5] “empowered the New Zealand Law Society to establish committees and bodies of legal practitioners to assist the poor” and gave the Governor General the power to introduce regulations on the definition of a “poor person”. [5] Although no new rules were introduced, in practice the legal profession provided legal aid to those in need of members of the public. The applications were addressed to the local district bar and, if successful, the district bar would find a lawyer to represent them. Through fixed fees and other measures, legal aid costs were reduced by a third to USD 102 million in 2014. Chris Gallavin, dean of the University of Canterbury Law School, said funding cuts and bureaucratic hurdles meant “more lawyers didn`t bother to apply for legal aid and more people chose to represent themselves rather than bear the cost of legal advice.” Lawyers and academics said this interfered with New Zealanders` right to a fair trial.
[34] Mr. Power stated that the decision to re-examine legal services, including legal aid services, in two years instead of three, as recommended by Dame Margaret, was made because it was important to address the issues identified during the review as soon as possible. “Your conclusion that the ICA appeared to be paralyzed by difficult relationships and the legal profession`s enforcement of control of the legal aid system means that we must act quickly. The Legal Services Act 1991 repealed previous legislation and guaranteed access to legal aid in civil and criminal matters. At the same time, it expanded the procedures for which legal aid may be granted and for the first time made legal aid available for actions brought by the Waitangi Tribunal. [9] The Legal Services Act 2000 extended access to legal aid to proceedings before the Environmental Court, actions relating to building leaks under the Sealed House Resolution Services Act 2006 and hearings of the New Zealand Parole Board. [10] The actions of the Waitangi Tribunal have contributed to the increase in the cost of legal aid, as claimants under the contract can apply for legal aid regardless of their financial situation – which is not the case in civil or criminal cases. Since 2006, Waitangi Tribunal cases have cost taxpayers $79 million in legal aid, although 780 trials were still pending as of January 2013. [15]41% of the 75 most costly cases were contractual claims during the 2008-2009 period.
In 2012, approximately 8% of the $148 million in legal aid was spent on contract claims. [15] In 2005, Justice Secretary Phil Goff announced that income thresholds would also be raised to allow more low-income individuals to have access to legal representation. [11] In introducing the Legal Services Amendment Bill in Parliament, Goff stated that the new thresholds “will be fairer for low-income working families who are currently disadvantaged compared to those who rely on social benefits.” [13] An estimated 1.2 million people are eligible for legal aid under the new thresholds. [11] As more people access the system, costs have continued to rise, reaching $111 million in 2006-2007. In 2009/10, it increased to $173 million. [14] Mr. Power stated that LSA`s board of directors will be reduced from six to four members after Dame Margaret identified serious deficiencies in the provision and supervision of legal aid. The Law Society says contract cases should be funded separately from other legal aid measures. Former Law Society President Jonathan Temm said, “Legal aid was never really intended to fund the kind of claims that the work of the Waitangi Tribunal has done, and that skews the numbers…”[16] LAPA`s mission statement on its website is “to improve access to justice by providing legal aid that is both cost-effective and of high quality. through effective systems and supportive professional relationships.” [38] www.justice.govt.nz/courts/going-to-court/legal-aid Auckland Disability Law assists Auckland residents who have legal issues specific to their disability.
Dame Bazley also highlighted that legal aid is one of the three sources of public funding available to Waitangi contract applicants[22] and recommended changing the way legal aid is granted to these applicants to avoid double diving. [23] The income criteria for access to legal aid have remained unchanged since 1969. But incomes and legal fees have continued to rise, leaving more and more low-income people out of the system. [11] Despite the lack of access, the cost of legal aid has continued to rise; In 2003, the Legal Aid Act was increased to $100 million. [12] The Legal Aid Act, 1969 (No. 47)[8] removed the Law Society`s jurisdiction over legal aid by creating the Legal Aid Commission. The Committee`s tasks included managing the day-to-day functioning of the legal aid system, supervising the work of district legal aid committees, ensuring the effectiveness of the legal aid system, making recommendations to the Minister of Justice, as appropriate, and performing other tasks as may be assigned to it. The law also defined the circumstances in which legal aid may be refused or withdrawn on the basis of a means test in order to make assistance “more easily accessible to persons with limited or moderate resources”. The Act also established an appellate body for legal aid, to which the lawyer requesting assistance could apply if the application was rejected by the Chamber. [8] These legislative changes were not well received by the legal community. [30] [31] The president of the New Zealand Law Society, Jonathan Temm, stated that legal aid was already underfunded and that expanding the public defence service would make the organization even less effective.
In 2012, Justice Andrew Tipping, the country`s longest-serving judge, said that recent cuts to legal aid had affected the justice system: “The amount of money spent deciding whether legal aid should be provided by the Department of Justice would be better spent on legal representation.” [32] Legal aid is public funding for legal aid if you cannot afford a lawyer.