Performance review committee

The performance review committee provides recommendations to the Secretary for Justice about the performance of legal aid providers who have been referred to them for consideration.

The committee is established under section 79 of the Legal Services Act 2011 (external link)

How the committee makes decisions is set out in the Legal Services (Quality Assurance) Regulations 2011 (external link)

Referral to the performance review committee

The Ministry may refer matters to the performance review committee if it believes that:

  • a lawyer has failed to comply with the Legal Services Act 2011 or regulations, or any condition of his or her approval, and
  • the failure, if proven, would be serious enough to justify cancelling or modifying the lawyer’s approval to provide legal aid services.

Download the cancellation of approvals policy [PDF, 578 KB]

Recommendations

The committee can recommend sanctions including cancelling or modifying a lawyer’s approval to provide legal aid services, requiring the provider to be supervised by another lawyer, or suspending the provider from legal aid services for a time.

The Secretary for Justice makes the final decision regarding any sanctions on a legal aid lawyer, taking into account the advice from the committee.

Members of the performance review committee

Committee members are nominated by the New Zealand Law Society and appointed by the Secretary for Justice. They are highly experienced lawyers who collectively have expertise in many areas of law.

Chairperson

Duncan Webb

Members

  • Isabel Mitchell
  • Graeme Newell
  • Usha Patel
  • John Petris
  • Michele Wilkinson-Smith
  • Rachael Reed
  • Paul Radich
  • Margaret Powell

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