Whats New for lawyers providing Legal Aid

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Duty Lawyer Approval is required to act as a Duty Lawyer

18/04/2024 Only Lawyers with Duty Lawyer Approval can act as Duty Lawyers.

If you would like to apply for approval to be a Duty Lawyer please refer to the Policy for Admission to Duty Lawyer Rosters(external link).

If you already have approval and would like to be added to the roster, please email the schedulers at duty.lawyer@justice.govt.nz.

CPIP Duty Lawyer Operational Policy Pilot Auckland Region 

14/03/2024 The Criminal Process Improvement Programme (CPIP) identified changes to the duty lawyer service as a key piece of work to help address backlogs and delays in the courts.

The new Duty Lawyer Operational Policy seeks to reduce the number of court events required by supporting timely case progression through a Duty Lawyer or urgently assigned lawyer who can represent a defendant.

The new Duty Lawyer Operational Policy is presently being piloted at three District Courts (Hamilton, Christchurch, and Hutt Valley). The pilots began in September 2023.

A review in January 2024 concluded that the pilots are delivering improved outcomes while fully safeguarding the fair trial rights of defendants.

The decision has been made to continue the new policy at the initial three sites and extend it to the four busiest Auckland region district courts. The opportunity to reduce backlogs and delays in the courts will be greatly expanded by extending the pilot to these courts.

The pilot is scheduled to commence on these dates:

25 March 2024 – Waitakere DC

08 April 2024 – North Shore DC

15 April 2024 – Manukau DC

27 May 2024 – Auckland DC.

Details of information sessions to be provided for the lawyers at each court for will be sent directly to you.

Changes to legal aid funding for section 27 reports

08/03/2024 - The Legal Services Amendment Act received Royal assent on 7 March 2024. This prevents the Legal Services Commissioner (the Commissioner) from funding written reports or in-person appearances, pursuant to section 27 of the Sentencing Act 2002. This change will take effect on Friday 22 March 2024.

Legal Aid Services (LAS) can continue to consider amendment to grant requests for section 27 matters until 22 March 2024.

To enable LAS to assess amendment to grants for section 27 report funding, please submit your requests by 12pm on Thursday 21 March 2024.

LAS will endeavour to assess new amendment to grant requests for section 27 report funding received after 12pm on 21 March 2024, and before 22 March 2024.

Providers can still submit invoices for a section 27 report, but only if the funding for the report was approved before 22 March 2024.

If you have any questions about amendment to grant submissions or invoicing, please contact WGNCriminallegalaid@justice.govt.nz or AKLCriminallegalaid@justice.govt.nz.

Message from the Legal Services Commissioner

29/02/2024 - We have been recently experiencing technical difficulties with our computer system. 

We are working hard to resolve these issues, however, this may result in longer processing times than you are used to. I apologise in advance, please bear with us.

We are working to restore normal service as soon as possible and have also allocated additional Ministry staff to assist with work volumes.

Increase to Accommodation and Meals Disbursement

29/02/2024 - We have increased the Accommodation and Meals disbursement rate from 4 March 2024.

We have undertaken our annual review of the meals and accommodation disbursement for legal aid cases.

We have increased the maximum amount for overnight accommodation and meals to from $266.96 to $275.75 (excl. GST). Where an overnight stay is not required, the rate for meals has remained at $100.00 (excl. GST) per day. You can read more about this disbursement on page 130 of the grant’s handbook which can be found here: Grants handbook(external link)

The new maximum can be claimed on invoices received from 4 March 2024. Any invoices received prior to this date will be paid at the old rate.

In considering the increase, we have aligned the disbursement to the current Ministry expenditure guidelines. While there are no plans to undertake a full market review of the disbursement rates at this time, we intend to review this disbursement annually and will provide any further updates via What’s New for Legal Aid Lawyers in due course.

Thank you for your continued cooperation.

The eligibility for a Family Violence Safety Programme in the Family Court has been expanded

29/02/2024 - From January 2024, people who apply for protection orders without notice, which are then directed to proceed on notice by the judge, will be offered a safety programme before the protection order application is considered.

What does this mean for you?

  • If your client applies for a protection order without notice and this is directed to on notice by the judge, please advise them they are eligible for a safety programme.
  • If they would like to be referred, please provide them with, and if appropriate help them to fill out, the referral form.
  • In line with the current process for referrals to strengthening safety services, any time spent on the referral comes under the tasks covered in the ‘Application(s)/Order(s)’ activity on the family violence applicant fixed fee schedule.

Key points to note:

  • The roles and responsibilities of Ministry staff will be consistent with the current referral process. 
  • Children will be able to access safety programmes when requested by the service provider, as they are best placed to assess the risk to the applicant and their children.

Background to the initiative:

This is the first phase of implementation for the Budget 23 initiative to ‘Improve access to family violence programmes in court and the community’ which will:

  • improve access to safety programmes for victims in family violence proceedings, including when they could be at greater risk
  • support providers of family violence services to deliver more flexible, responsive, and holistic services for their clients and connect them to other necessary services or additional supports.

For further information on the Budget 23 initiative and its implementation, please see the summary of initiatives(external link), or contact moj-fvsv@justice.govt.nz with any questions.

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