Overview of reforms to the legal aid system
Find out more information on the reforms to the legal aid system
Following Dame Margaret Bazley’s review, Transforming the Legal Aid System and subsequent Cabinet decisions, a range of improvements to the legal aid system is now being developed and implemented.
Some of the changes are being made under the existing legislative framework, and some will be introduced under new legislation which is expected to take effect in mid-2011.
Changes under current legislative framework
The Legal Services Agency is implementing a number of changes within the existing legislative framework.
These include:
Expansion of the Public Defence Service
The Legal Services Agency employs salaried criminal lawyers to take on criminal legal aid cases in the Auckland, Manukau, Waitakere and North Shore courts through its Public Defence Service (PDS). The service is being expanded to new sites including Papakura and Pukekohe, Wellington, Christchurch and Hamilton by the middle of 2011.
Duty lawyer service
Changes to the duty lawyer service are already in place in some courts and will be implemented in other courts, initially where there is a Public Defence Service. See the Legal Services Agency website for more about the duty solicitor service reforms.
Criminal case assignment
The Legal Services Agency is making changes to the assignment of criminal cases. You can see more information here about what the changes are, and what lawyers will need to do. These changes follow public consultation on the proposals. You can see the consultation paper and a summary of the feedback by following this link to the Legal Services Agency website.
Complaints management
A Complaints Officer has been appointed in the Legal Services Agency to act as the central point for all complaints from lawyers, courts and the general public. There is also now a process for the Complaints Officer to exchange information with the New Zealand Law Society. These steps will assist with ensuring the quality of legal services provided.
Improving Community Law Centres nationally
Community Law Centres provide important legal services for New Zealanders. The Legal Services Agency has worked with Community Law Centres to develop national standards to help make sure that people using Community Law Centres receive the same standard of service wherever they live. To view the national standards follow this link to the Legal Services Agency website. There is also work underway looking at options for ensuring sustainable ongoing funding for Community Law Centres.
Changes under new legislation
The Ministry of Justice is leading work on behalf of the Minister of Justice on a new Legal Services Bill, which was introduced into Parliament on 4 August 2010. Members of the public can make submissions on the Legal Services Bill during the Select Committee process which closes on 8 October 2010. The new Act is expected to take effect from mid 2011. Some of the key changes included in the Bill are:
Quality assurance framework for legal aid providers
A new quality assurance framework to make sure that all legal aid lawyers have the skills to do the job assigned to them will be established. Under the framework, lawyers will need to demonstrate that they meet new entry criteria to be approved as legal aid providers. The framework will also include practice standards that lawyers providing legal aid services will need to meet. The team leading development of the quality assurance framework is currently consulting on proposed entry criteria and practice standards. See the consultation document for more information on the framework, and to give your views on the proposed entry criteria and practice standards.
Streamlined legal aid eligibility process
Legal aid granting processes will be streamlined to reduce the time lawyers and clients spend dealing with administrative matters. This will simplify many applications for legal aid and reduce the time spent recovering debt for some lower cost cases. It is envisaged that the streamlined process will apply to summary criminal legal aid grants, which account for over 90% of applications.
Transferring the functions of the Legal Services Agency to the Ministry of Justice
The Legal Services Agency will be disestablished and its functions moved into the Ministry of Justice when the new Legal Services Act takes effect. This is expected to be mid-2011. Until then, the Legal Services Agency will remain an independent agency and continue to deliver legal aid services, supporting access to justice.
Independent Legal Aid Commissioner
An independent statutory officer, the Legal Aid Commissioner, will be established under the new Act within the Ministry of Justice to ensure that there is independence in the granting of legal aid to individuals.
Review bodies
A Legal Aid Review Tribunal and Review Authority will be established. The current Legal Aid Review Panel will be disestablished under the new Act.
Transfer of legal aid for historic Treaty of Waitangi settlement negotiation processes
The Office of Treaty settlements will become the sole government funder of claimants in the Treaty settlement process. Legal aid funding for the settlement negotiation processes will be transferred to the Office of Treaty Settlements. Legal aid will continue to be available for proceedings before the Waitangi Tribunal.
