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Transforming the Legal Aid System - Final Report and Recommendations
Legal Aid Review - November 2009
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CONTENTS
Preface from the Chairperson
Executive summary
Summary of recommendations
About the review
Terms of reference for the legal aid review
Structure
Process
Terminology
Transforming the legal aid system
Evolution of the legal aid system
Components of an effective legal aid system
Need to address system-wise failings
More efficient machinery for the legal aid system
Problems with management and governance in the legal aid system
Administrative costs unsustainable
The Crown Entity model: the best machinery?
Changing the focus of the legal aid system
A focus on direction-setting
- Transformation based on information and benchmarking
A focus on customer service
- Ensure people know what to expect from their legal aid lawyer
- Meeting people's needs at court and beyond
- Making the most of the teachable moment for first-time defendants and their families
- Barriers to accessing legal aid
- Legal needs of Māori and Pacific peoples
A focus on initial advice and assistance
- The benefits if initial advice and assistance
- The problem: fragmented services
- Community law centres
- Duty solicitor scheme
- Police detention legal assistance scheme
People, quality and accountability
Problem clients and repeat clients
The system's lawyers
- Problems with some lawyers
Improving quality in the legal aid system
- Raise the barriers to entry
- Focus on groupings of lawyers
- Incentives for lawyers to maintain competence, quality and integrity
- Training and mentoring of junior lawyers
- Enforcement and sanctions
- Remuneration rates
- Roles and responsibilities for quality and descipline
Procurement of legal aid services
Publicly provided services
Flexibility in procurement
- Bulk funding of groups headed by senior lawyers
- Capitation-based funding
- A role for senior specialist lawyers
Streamlined eligibility assessment for high-volume, low-cost cases
Preferred lawyer policy
Management of high-cost cases
- Prosecution-defence escalation scale
Administrative arrangements for Waitangi Tribunal claims
Appendix
People who met with the Review Chairperson
People who made submissions on the discussion paper
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PUBLICATION DETAILS
Author:
|
Legal Aid Review Chairperson, Dame Margaret Bazley DNZM |
| Publisher: |
Ministry of Justice |
| Place of publication: |
Wellington |
| Date of publication: |
November 2009 |
2009 © Crown Copyright
| Contact agency: |
Legal Aid Review c/o Ministry of Justice PO Box 180 Wellington legalaidreview@justice.govt.nz |
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