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1. Z v Secretary for Justice [2023] NZRA 001 (28 March 2023) [pdf, 306 KB]

   ...___________________________________________________________________ The Secretary’s Decision [1] In a decision dated 30 November 2022, the Secretary for Justice (“the Secretary”) declined approval of the Applicant as a Lead Provider of criminal legal aid services at approval level 3 (as defined in the Schedule to the Legal Services (Quality Assurance) Regulations 2011 – “the Regulations”). [2] Under the Regulations, an applicant for approval level 3 (“PAL 3”) was...

2. Regulatory Impact Statement 2012 Lawyers and Conveyancers ActLawyers Practice Rules practice on own account amendment regulations [pdf, 100 KB]

   ...or a barrister sole is uneven. The analysis of options is based on qualitative and anecdotal evidence derived from the New Zealand (NZLS), the judiciary and consumers on the quality of lawyers. Information has been drawn from “Transforming the Legal Aid System: Final Report and Recommendations”, Chairperson: Dame Margaret Bazley DNZM, November 2009 (Bazley Report). There is little quantitative information available about the competency of lawyers who practice on their own account....

3. Criminal fee rates

   The following hourly rates apply to legal aid services performed in criminal law proceedings effective from 1 July 2022 (GST exclusive).   Level of experience Minimum required Criminal Provider Approval Level (PAL) (see below for explanation of categories) Other ($/hr) Level 1 ($/hr) Level 2 ($/hr) Level 3 ($/hr) PAL1   103 108 119 PAL2   108 134 139 PAL3   130 139 150 PAL4   146 161 178 Court of Appeal/Supreme Court   146 161 178 Travel time (pre-5...

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4. Aid-to-decision-of-Coroner-Windley-as-to-scope.pdf [pdf, 667 KB]

   1 AID TO DECISION OF CORONER WINDLEY AS TO SCOPE OF THE CORONIAL INQUIRY INTO THE DEATHS OF 51 PEOPLE IN RELATION TO THE CHRISTCHURCH MASJIDAIN ATTACK1 Purpose and background to the Scope Decision The Decision of Coroner Windley as to the Scope of Issues for Inquiry (the Scope Decision) sets out the issues related to the deaths of the 51 people who died as a result of the Christchurch masjidain attack on 15 March 2019 that will be investigated in the coronial jurisdiction, a...

5. Director of Proceedings v Emms [2013] NZHRRT 5 [pdf, 165 KB]

   ...that this complaint had even been made as I had done nothing wrong. Injustice makes me very upset, and I believe this whole inquiry is a great injustice. I feel like I have been hit by some kind of gold digger (despite my absence of money; I am on legal aid for this case). [25] By letter dated 2 February 2010 he wrote to the Office of the Commissioner: I am returning the letter you mailed me regarding this client. The statements made in it were completely faluse. During one and only...

6. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...brought against a representative. However, there is nothing in the Act which supports that submission. While the Act states at s 236 that an employee may choose “any other person” to represent that employee, it does not provide any form of legal immunity to such a representative. Even though non- lawyer advocates are not regulated, they are still subject to the law. To find otherwise would be inconsistent with the most fundamental principle of the rule of law, which is that n...

7. OIA-105401.pdf [pdf, 215 KB]

   ...2023 request under the Official Information Act 1982 for information in relation to the Public Defence Service’s delegation policy. The Public Defence Service (PDS) does not have a separate delegation policy or guidelines. All files assigned by Legal Aid to the relevant PDS office are the responsibility of the Office Public Defender (OPD). The OPD is responsible for allocating files to the lawyers within the office on the basis of Provider Approval Level (PAL), complexity, serious...

8. Youth Court - It’s all relative: the absolute importance of the family in youth justice [pdf, 444 KB]

   ...1 Jointly written with Sacha Norrie (BA/LLB), Research Counsel to the Principal Youth Court Judge. 2 Table of Contents Chapter One: The absolute importance of family involvement is often easier said than done ...... 3 Chapter Two: What is family? ............................................................................................................ 4 Chapter Three: Why involve family? The threefold imperative to do so .............

9. [2009] NZEmpC AC 23A/09 NZ Airline Pilots Association Inc & Anor v Jetconnect Ltd & Ors [pdf, 34 KB]

   ...disclosure of relevant documents that were generated or otherwise came into their possession after 17 February 2009. The defendants have substantive grounds for resisting such disclosure but the second and third defendants at least also invoke the legal argument that the plaintiffs are not entitled to document disclosure in any event. [9] Regulation 39 of the Regulations provides: 39 Applicability (1) Subject to subclause (2), regulations 40 to 52 apply to all proceedi...

10. Final Report of the Independent Panel - Word [docx, 11 MB]

    ...diversity 41 Accommodating disability 45 Family violence and children’s safety 48 Delays 55 Part Two: Encouraging Early Agreement 58 Quality, accessible information 60 Counselling 62 Parenting Through Separation 64 Family Dispute Resolution 67 Access to early legal advice 72 Recognising community engagement 75 Part Three: Strengthening the Family Court 77 The Family Justice Coordinator and early triaging 79 Senior Family Court Registrar 81 Judicial resourcing 83 Legal representation in court...