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1. Providing legal aid to clients subject to Mental Health assessment or treatment [pdf, 149 KB]

   Introduction The Ministry is aware of the challenges that can come up when working with clients subject to assessment or compulsory treatment under the Mental Health Act, and the differences between this and providing legal aid services in the criminal or family jurisdictions. This document outlines the Ministry’s expectations of lawyer working in the mental health jurisdiction and provides a quick reference guide for best practice. The Ministry’s expectat...

2. AQ v Secretary of Justice 5 March 2013 NZRA 000001 [pdf, 124 KB]

   ...________________________________________________________________ DECISION ________________________________________________________________ INTRODUCTION 1. In a decision dated 24 December 2012, The Secretary for Justice (the Secretary) declined to approve the Applicant as a provider of legal aid services in respect of Civil, Criminal PC 1-4, Mental Health, Refugee, Court of Appeal and Supreme Court proceedings. 2. The Secretary communicated his decision to the Applicant by let...

3. Interim guidelines released for family & civil legal aid

   1 August 2013 Interim guidelines for the way lawyers will be paid for Family and Civil (ACC) legal aid cases have been released today by the Legal Services Commissioner. Legal Services Commissioner Nigel Fyfe said these guidelines have been published following a request from the Secretary of Justice to review current policies in light of the Court of Appeal’s decision on the Criminal Fixed Fees framework. “Although this judgment made no findings in respect of the Family or Civil (ACC) Fixed...

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4. Christchurch DC duty lawyer instructions [pdf, 93 KB]

   ...Lawyer instructions applicable from 17 December 2012 1 of 6 Christchurch Duty Lawyer instructions applicable from 17 December 2012 Authority for the duty lawyer service 1. The Secretary for Justice has, under section 68(2)(b) of the Legal Services Act 2011, gazetted the duty lawyer service as a specified legal service. 2. The Gazette notice sets out the object of the duty lawyer service which is to ensure that a sufficient number of lawyers is available in each distr...

5. RS v NC LCRO 70/2011 (17 April 2013) [pdf, 85 KB]

   ...around December 2008. The Practitioner advised from the outset that there were difficulties with the claim because the [Iwi X] settlement was full and final to claims in the [Area A]. [3] In February 2009 of the following year an Agreement for Legal Services with the Practitioner’s firm (Company B) was signed by the Applicant on behalf of the whānau and the following day a meeting took place with members of the whānau at which time the Practitioner was instructed to enquire...

6. Consultation document: Limited and temporary approval operational policies [pdf, 106 KB]

   Limited and Temporary Approval Operational Policies for Legal Aid Providers External consultation response report Table of contents Introduction ............................................................................................................................................. 1 Consultation comments .......................................................................................................................... 2 Clarification of the purpose of temporary...

7. About the Public Defence Service

   We’re the largest criminal law practice in New Zealand with over 150 criminal defence lawyers in 10 offices across New Zealand. We only do criminal legal aid defence work. After Legal Aid Services has granted legal aid we provide legal advice and representation to our clients. All our clients have been charged with a criminal offence. We can help with all stages of the criminal process. This includes initial advice, trial, sentencing, and any appeals to the High Court, the Court of Appeal or t...

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8. LAT Form 2 - Withdrawal of application [pdf, 930 KB]

   For more information visit www.justice.govt.nz/tribunals/lat Legal Aid Tribunal Page 1 For more information visit www.justice.govt.nz/tribunals/lat LAT 05/11 - 2 Withdrawal of Application (Legal Services Act 2011) 1 What is this form for? • Use this form if you want to withdraw your application to the Legal Aid Tribunal. • You can withdraw your application at any time before a decision has been issued by the Legal Aid Tribunal. 2 How do you submit this form? • You may...

9. McCreath v Attorney-General (Costs) [2016] NZHRRT 4 [pdf, 55 KB]

   ...proceedings were commenced on 19 July 2013. A statement of reply followed promptly on 30 August 2013. [4] When in September 2013 the Secretary endeavoured to arrange a case management teleconference Mr McCreath responded he had made an application for legal aid and in his view the holding of a teleconference prior to a grant of legal aid was premature. He undertook to notify the Secretary once the outcome of the legal aid application was known. Nothing further having been heard the Ch...

10. Legal aid criminal defence lawyers: Changes to payment system

    21 June 2013 The Legal Services Commissioner, Nigel Fyfe, has today brought in new guidelines on how legal aid is paid to criminal defence lawyers for certain cases.    The guidelines replace the Secretary of Justice’s Criminal Fixed Fees and Complex Cases Policy and Procedures and will apply from Monday 24 June. Mr Fyfe said the guidelines were an interim solution. “The new guidelines clarify when and for what reasons legal aid payments to criminal defence lawyers can be amended. “Unde...

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