This is the What's new for legal aid lawyers archive for news items from 2022. For current news items, please see the main What's new for legal aid lawyers section.
14/12/2023- A new version of the Word template package will be available from 18 December 2023.
A new version of the Word template package will be available from 18 December 2023. It is important you download these new forms so that all rates calculate correctly.
This update includes the following changes:
New parole fees added to forms 27a
More information about this change can be found here: New hearing preparation fee for extended parole board matters
This can be downloaded with instructions from the Ministry website: Download Word template package | New Zealand Ministry of Justice(external link)
14/12/2023-As of 18 December 2023, mileage must be invoiced as a GST inclusive rate. This change has been made to align with the kilometre rates set by IRD.
As of 18 December, mileage must be claimed as a GST inclusive rate. This change has been made to ensure that we are aligning with the kilometre rates set by IRD.
The Word template package has been updated to reflect these changes. This can be downloaded with instructions from the Ministry website: Download Word template package | New Zealand Ministry of Justice(external link)
From 18 December 2023, you must use the updated Word template package for the mileage rate to calculate correctly.
Thank you for your patience and co-operation.
14/12/2023- A reminder that the nationwide roster for the PDLA service will be implemented this Friday. This roster will run from 6pm 15 December 2023 to 6am 8 January 2024.
A reminder that the nationwide roster for the PDLA service will be implemented this Friday. This roster will run from 6pm 15 December 2023 to 6am 8 January 2024.
PDLA lawyers rostered on the nationwide roster for the PDLA service during this period will be paid a flat hourly rate to deliver the service during rostered shifts. During rostered shifts PDLA providers will be answering PDLA calls from all over Aotearoa, New Zealand.
These changes are made to ensure there is timely access to justice throughout the holiday period.
The nationwide holiday period PDLA roster will replace the current lists or rosters used for the service between 6pm 15 December 2023 to 6am on 8 January 2024.
A copy of the nationwide roster for this period can be found on our website below:
justice.govt.nz/about/lawyers-and-service-providers/legal-aid-lawyers/pdla/(external link)
If you have been rostered on to the nationwide roster for this period, please make sure you have checked your rostered shifts and have read the guidelines and information on the page above.
If you have any questions or are no longer available for one of your rostered shifts, please contact duty.lawyer@justice.govt.nz as soon as possible.
14/12/2023- End of year 2023 Message from the Legal Services Commissioner below:
Kia ora,
I want to thank you for the invaluable contribution you have made in providing and improving access to justice this year.
Whilst I acknowledge there have been challenges, I’m pleased with the progress we have made on key initiatives.
We have seen a number of positive changes in Legal Aid this year with the:
Operationally, processing applications in a timely manner has continued to be a strong focus for us as well as ensuring you are being paid as quickly as possible. I’m happy to say that over 95% of invoices are being paid within 10 days.
As we head into the festive season, I hope you are all able to enjoy some downtime with friends and whanau, Legal Aid will only be closed on the stat days for any of you who need to get in touch over that period.
Ngā mihi,
Tracey Baguely
Legal Services Commissioner
30/11/2023 - The nationwide PDLA roster for the period of 15 December 2023 to 8 January 2024 has now been finalised. A copy of the finalised version of the PDLA nationwide holiday roster for this period can be found on our website’s PDLA page below:
Police Detention Legal Assistance | New Zealand Ministry of Justice(external link)
You will also be able to find on the page above:
PDLA nationwide holiday roster guidelines. This document contains guidelines and information for PDLA providers on the nationwide roster for how the PDLA service will operate over the holiday period. The document sets out the responsibilities of roster lawyers. If you are rostered onto the PDLA service over the holiday period, please make sure you have read these guidelines before the nationwide roster period starts on 15 December 2023.
Information on the Regional contact lists of PDLA providers. This document contains a contact list of PDLA providers broken down by region. This is to be used by PDLA providers on the nationwide roster to refer cases on to another lawyer as necessary (e.g., where attendance is required in person). More information on when it may be necessary to use the regional contact list can be found in the ‘PDLA nationwide holiday roster guidelines’ document. A copy of the Regional List will be emailed to the PDLA lawyers on the roster.
Invoice forms for the PDLA service during the holiday roster period. The invoice form found on the page has been created for you to use for the duration of the holiday period to charge for your rostered shifts.
Please note that if you have been assigned to a roster you must be available to take calls for the full duration of your rostered shift.
If you become unavailable for one of your rostered shifts, you must contact duty.lawyer@justice.govt.nz immediately so that a replacement to cover your rostered shift can be organised.
If you have any questions these can continue to be sent to duty.lawyer@justice.govt.nz
30/11/2023 - As we approach the end of the year, Legal Aid would like to ensure that it processes all provider invoices as seamlessly as possible. Please ensure that you submit all invoices as early as possible prior to the Christmas break to avoid disappointment.
Friday 1 December 2023 will be the cut-off date for payment of invoices prior to the holiday season. Invoices received after this date, may be processed and paid, but we will not be able to guarantee this.
Thank you for your cooperation in this matter.
28/11/2023 - The Ministry of Justice has published information on legal aid payments to firms in the 2022/23 financial year.
The data shows payments to 1365 firms whose legal aid providers undertook work on a range of cases in the criminal, civil and family courts and a number of specialist courts and tribunals.
In 2022/23, the Ministry spent $256 million on legal aid, which is an increase of $45 million when compared to 2021/22. Following the removal of COVID-19 restrictions, spending has returned to the same level as previous years. The increase to legal aid hourly rates from 1 July 2022 has also increased this spending.
At the end of 2022/23, there were 2396 private lawyers approved to provide legal aid services, working for firms or independently.
You can view the report on the page Legal aid payments to firms(external link).
23/11/2023 - From Thursday 30 November 2023, future PDLA rosters will be published on the Ministry website.
Changing the platform where the rosters are published will allow the Ministry to better maintain the roster. Much of the roster functions will remain unchanged and we don’t expect there to be any operational changes for PDLA lawyers.
To access the PDLA roster on the Ministry website from 30 November, you can use this new URL link: justice.govt.nz/about/lawyers-and-service-providers/legal-aid-lawyers/police-detention-legal-assistance-roster
The pre-existing URL link to the PDLA roster will redirect you to the new website page automatically.
We have developed the factsheet linked below regarding the change that may be helpful for PDLA lawyers.
PDLA Roster Factsheet [DOCX, 164 KB]
Please contact duty.lawyer@justice.govt.nz if you have any questions.
23/11/2023 - The Ministry of Justice is currently looking to appoint new members to the following Legal Aid Provider Selection Committees, who will consider applications for approval of lawyers to provide legal aid services -
The New Zealand Law Society Te Kāhui Ture o Aotearoa is now seeking expressions of interest for these positions and will put forward nominations to the Ministry. A person specification for selection committee members is available here: Person specification form - Legal Aid Selection Committee [PDF, 48 KB]
Lawyers who wish to apply should complete and submit the expression of interest form [PDF, 126 KB] by Friday 1 December. For further information, please contact Amanda Frank, Senior Advisor Law Reform and Advocacy at amanda.frank@lawsociety.org.nz
23/11/2023 - As we approach the end of the year, Legal Aid would like to ensure that it processes all provider invoices as seamlessly as possible. Please ensure that you submit all invoices as early as possible prior to the Christmas break to avoid disappointment.
Friday 1 December 2023 will be the cut-off date for payment of invoices prior to the holiday season. Invoices received after this date, may be processed and paid, but we will not be able to guarantee this.
Thank you for your cooperation in this matter.
16/11/2023 - The Ministry of Justice has published information on criminal legal aid assignments for the period 1 July 2022 – 30 June 2023.
The assignment reports show all criminal legal aid assignments made for the period. It includes preferred, reassignments and rotational assignments. The report is broken down by Provider Approval Level (PAL)
This report should not be used to compare rotational assignments between providers.
You can view the report on the page Criminal legal aid assignments - information & criminal case reports(external link).
16/11/2023 - As we approach the end of the year, Legal Aid would like to ensure that it processes all provider invoices as seamlessly as possible. Please ensure that you submit all invoices as early as possible prior to the Christmas break to avoid disappointment.
Friday 1 December 2023 will be the cut-off date for payment of invoices prior to the holiday season. Invoices received after this date, may be processed and paid, but we will not be able to guarantee this.
Thank you for your cooperation in this matter.
16/11/2023 - If you have leave planned over the holidays, please let us know if you:
This will ensure that you don’t get disturbed unnecessarily during your break and allows us to identify any areas where provider coverage may be limited.
Please confirm your unavailability dates by email to legalaidprovider@justice.govt.nz no later than Friday 24th November 2023
9/11/2023 - As we approach the end of the year, Legal Aid would like to ensure that it processes all provider invoices as seamlessly as possible. Please ensure that you submit all invoices as early as possible prior to the Christmas break to avoid disappointment.
Friday 1 December 2023 will be the cut-off date for payment of invoices prior to the holiday season. Invoices received after this date, may be processed and paid, but we will not be able to guarantee this.
Thank you for your cooperation in this matter.
9/11/2023 - Legal Aid Services (LAS) released information in an article on What’s new for legal aid lawyers(external link) on our intention to implement a nationwide roster for the Police Detention Legal Assistance (PDLA) service from 15 December 2023 to 8 January 2024.
LAS is currently running a survey aimed to give PDLA providers an opportunity to indicate whether they would like to be part of this roster, and if so, what dates they would be available to be rostered on.
If you have not completed the survey yet, and would like to be included in the nationwide roster over the holiday period, please make sure you complete the survey below:
All legal aid providers with PDLA approval, regardless of their PAL level, will have the opportunity to be included in the upcoming roster. Further details on how the roster will operate are included in the survey above.
The survey will close on 17/11/2023. PDLA providers who do not complete the survey by this date will be unable to be included on the holiday period roster.
If you have any further questions about this, please contact duty.lawyer@justice.govt.nz.
9/11/2023 - The Ministry of Justice is currently looking to appoint new members to the following Legal Aid Provider Selection Committees, who will consider applications for approval of lawyers to provide legal aid services -
The New Zealand Law Society Te Kāhui Ture o Aotearoa is now seeking expressions of interest for these positions and will put forward nominations to the Ministry. A person specification for selection committee members is available here: Person specification form - Legal Aid Selection Committee [PDF, 48 KB]
Lawyers who wish to apply should complete and submit the expression of interest form [PDF, 126 KB] by Friday 1 December. For further information, please contact Amanda Frank, Senior Advisor Law Reform and Advocacy at amanda.frank@lawsociety.org.nz
9/11/2023 - The Legal Services Commissioner has engaged KPMG to undertake an independent review of the duty lawyer service.
The review team will visit a selection of sites to observe the duty lawyer service in action and to interview the various stakeholders engaged with the duty lawyer service. However, the team also want to give lawyers and court managers from across New Zealand the opportunity to express their views on issues relating to the review.
The survey of 5-6 questions, depending on your role, is easy to complete and each question provides space for you to provide your own comments.
Responses to this survey will be anonymous. No identifiable data, or your location will be collected.
You can access the survey here Duty Lawyer Review - Ministry of Justice - Citizen Space(external link).
Or you may contact the review directly you would prefer to give your feedback by email dutylawyerreview@justice.govt.nz.
The survey will be closed after 24 November 2023.
2/11/2023 - With the end of 2023 fast approaching, the Legal Aid Providers Team are wrapping up more than just gifts!
If you are considering applying for any further Legal Aid approvals before the new year, please note the following key dates:
Applications received after 30 November will go to a Selection Committee in the new year.
We will endeavor to consider the applications received by the cut-off date prior to Christmas shutdown. However, there is likely to be a delay during this time due to the shutdown period and reduced Selection Committee member availability. We thank you for your patience.
If you have any queries, please don’t hesitate to contact us at legalaidprovider@justice.govt.nz
30/10/2023 If you have leave planned over the holidays, please let us know if you:
This will ensure that you don’t get disturbed unnecessarily during your break and allows us to identify any areas where provider coverage may be limited.
Please confirm your unavailability dates by email to legalaidprovider@justice.govt.nz no later than Friday 24th November 2023.
19/10/2023 - Law Society's Cost of Practice Survey
The New Zealand Law Society Te Kāhui Ture o Aotearoa has launched a Costs of Practice Survey with KPMG, to understand the costs of running a legal practice in 2023. The survey also asks a series of more specific questions about a recent legal aid file for those lawyers who provide legal aid services.
The survey should take between 30 – 45 minutes to complete, and the results will be made available to the whole profession.
Each practice or lawyer who provides legal aid services only needs to complete the survey once. The survey has been sent to all sole practitioners, barristers, and firm administrators, and it closes 15 November 2023.
If your practice has not received an email containing a link to the survey, you can contact consultation@lawsociety.org.nz.
19/10/2023 - From 6pm Friday 15 December 2023 until 6am Monday 8 January 2024 a national roster will be in practice to replace all regional PDLA rosters.
Since 2020, Legal Aid Services (LAS) have implemented a temporary nationwide roster for the Police Detention Legal Assistance (PDLA) service over the Christmas/New Year holiday period. This was implemented to provide timely access to justice throughout this period where it may be more difficult to facilitate PDLA contact due to leave and unavailability.
Historically there has been positive feedback on the use of the roster over the Christmas/New Year period.
This year, LAS intends to implement a nationwide roster from 15 December 2023 to 8 January 2024. This will run in a similar manner to the previous years, with PDLA lawyers being paid a flat hourly rate to deliver the service during rostered shifts.
LAS is running a survey aimed to give PDLA providers the opportunity to indicate whether they would like to be included on this year’s roster. Providers who are interested will be given the opportunity to indicate what dates they would be available to be rostered on by completing the survey below:
All legal aid providers with PDLA approval, regardless of their PAL, will have the opportunity to be included in the upcoming roster. Further details on how the roster will operate are included in the survey above.
The survey will close on 17/11/2023. PDLA providers who do not complete the survey by this date will be unable to be included on the holiday period roster.
If you have any further questions about this, please contact duty.lawyer@justice.govt.nz
05/10/2023 - A separate hearing preparation fee has been added to the Parole fee schedule (schedule J) for cases where the individual is subject to an indeterminate sentence.
A new hearing preparation fee has been added to Schedule J: Fee schedule for Parole for offenders serving indeterminate sentences with parole matters before the Extended Parole Board.
This fee is higher than the standard parole hearing preparation fee and has been added in recognition of the additional work and complexity involved in parole matters for offenders serving life sentences or preventive detention before the Extended Parole Board.
The new fixed fee ‘parole hearing preparation – Extended Parole Board’ will be available for preparation for parole matters considered by the Extended Board for the amount of $1200 and will replace the standard $700 fee currently claimable in these cases.
Schedule J in the criminal fixed fee schedule has been updated and is available via the link below:
This new fee will be available for new grants of legal aid made from 9 October 2023, and where preparation work has been completed on or after this date on parole cases granted prior to 9 October 2023.
For new grants of aid, providers should inform Legal Aid Services if parole will be considered by the Extended Board when applying, so that the appropriate fee can be added to the grants schedule at the time of granting.
The PDF version of the invoice form (form 27a) for parole has been updated and is available at the link below:
Form 27a has not yet been updated in the word package, however this will be updated in the near future. In the meantime, if you are using the form in the word package, you can manually enter the new fee where needed until the word package is updated.
05/10/2023 - Legal Aid Selection Committees provide recommendations to the Secretary for Justice about lawyers’ applications for legal aid approvals.
As part of their role, the Committee members are required to apply the Legal Services (Quality Assurance) Regulations 2011.
We have updated the Guidance for Selection Committee members which can be found here(external link). While the Guidance is primarily a resource for the Committee members, it discusses the approval requirements for each area of law, as well discussing the applicable Regulations(external link).
Please note that those applying for legal aid approvals should still refer to the Step-by-step guide(external link) on the Ministry’s website. The Step-by-step guide covers much of the same content as the Guidance and is written with applicants in mind.
If you have any questions about the updated Guidance, or the application process, please contact Legal Aid Providers at legalaidprovider@justicegovt.nz
21/09/2023 - Members of the public looking for legal aid representation can find qualified providers using the Legal Aid Lawyer Finder.
The Finder includes contact details and information about approvals for all legal aid providers.
The Ministry has made the Finder easier to locate on the website, as well as updating the user interface and the accompanying guidance for users.
You can find the revised Finder here(external link).
If you have any questions about the finder or if you want to update your contact details, you can contact Legal Aid Providers at legalaidprovider@justice.govt.nz.
21/09/2023 - The 2022-2023 limited audit programme has now been completed.
The audit programme involved an assessment of approximately 1,225 files from 245 providers. These audits spanned the criminal, family, civil and mental health jurisdictions. Going forward, we are aiming to assess around 2,250 files from 450 providers each year.
Each audited provider received an overall rating of ‘meets expectations’ or ‘does not meet expectations’. The limited audit involved an assessment of each provider’s compliance with their file-keeping and invoicing obligations.
It was great to see that 91% of the audited providers met expectations.
File-keeping obligations
We identified some common issues during the audit. The main file-keeping issues involved failures to:
The Ministry has created a set of file-keeping resources designed to help providers meet their obligations. You can find the resources here(external link). Additional information about legal aid providers’ file-keeping obligations can be found in the Practice Standards(external link) and the Provider Contract(external link).
Invoicing obligations
Common invoicing issues found among criminal files, involved inaccurate claims of:
The criminal fixed fee finder(external link) tool has been created to provide clarity of any fixed fees criminal providers may claim.
While common invoicing issues identified among family files, involved inaccurate claims of:
If you have any questions about fixed fees or disbursements, please contact the Legal Aid Office for assistance.
Thank you to those who participated in the 2022-2023 limited audit programme, for your cooperation and ongoing contribution to the legal aid scheme.
If you have any questions about the limited audit results, please contact the Legal Aid Providers team at legalaidaudits@justice.govt.nz or give us a call on 04 466 0666.
7/09/2023 - The Ministry of Justice has created a new learning tool to help legal aid lawyers and their administrative support staff to better understand how to claim criminal fixed fees.
The new support resource clarifies the criminal fixed fee schedule and provides guidance on which fees can be claimed and when.
While using the tool, you can select fees and then see the total cost for your invoice on the final screen. The tool can be used as a learning resource or in conjunction with the word package templates(external link).
The fixed fee finder(external link) is available the Ministry of Justice website.
24/08/2023 - The Criminal Process Improvement Programme (CPIP) is a judicially led justice-sector initiative to improve timely access to justice in New Zealand’s biggest and busiest criminal court, the District Court. A wide programme of work seeks to establish best practice in criminal procedure that reduces the growing time it takes to resolve cases and outstanding workload.
Backlogs and pressure on court time are hard on all court participants waiting for an outcome. COVID-19 pandemic restrictions made the delays worse.
A previous CPIP pilot of a duty lawyer policy at three District Courts (Hamilton, Christchurch, and Hutt Valley) that was designed to help address the growing problem of backlog and delays was suspended in October 2022 because it could appear to create inappropriate incentives for duty lawyers.
Since then, a revised policy has been developed, on which feedback was sought from a working group consisting of members of the legal profession. The revised policy was amended substantially in response to the feedback and the working group has indicated its support to progress with testing the revised policy through a pilot.
The revised policy will be piloted at the same three District Courts (Hamilton, Christchurch, and Hutt Valley). The pilots will start at Hamilton on 4 September 2023 at Christchurch on 11 September and at Hutt Valley on 18 September 2023. The pilots will run for a minimum of 6 months and will be evaluated, with feedback sought from key stakeholders before final decisions are made on rolling the policy out to other locations. The CPIP team will carefully monitor the pilots on an ongoing basis to assess its impact on defendants, lawyers, and the criminal justice process, and we will share the results of that monitoring with the working group as the pilot proceeds.
Revised Duty Lawyer Operational Policy at the CPIP pilot sites
The Duty Lawyer Operational Policy seeks in appropriate cases to facilitate the urgent assignment of a lawyer who can represent the defendant at their first appearance, with a view to supporting timely case progression and reducing the number of events required.
It will allow for the urgent assignment of cases where the maximum penalty is from 6 months to 10 years (and it is not a Crown prosecution) to a duty lawyer or another available lawyer:
The changes will be driven by these key features of the Duty Lawyer Operational Policy and legal aid assignment policies at the pilot sites:
More information on the changes will be available for lawyers at the pilot courts at information sessions prior to the pilots starting and on the Ministry’s website here: https://www.justice.govt.nz/about/lawyers-and-service-providers/cpip/.
24/08/2023 - The 2022-2023 Family Legal Advice Service (FLAS) audit programme has now been completed. FLAS provides initial advice and information to parties in dispute over arrangements involving the care of their children.
The audit programme involved an assessment of 220 files from across 44 providers which represents 25% of active FLAS providers. Going forward, we will be looking to assess a similar number of providers in each year’s audit programme.
Each audited provider received an overall audit compliance percentage score, and it was great to see that almost half received an audit score of 90 percent or higher. Further, nearly 80% of the audited providers received an audit score which met the expectations of the FLAS audit.
Common issues which contributed to lower audit scores related to incomplete funding declaration forms and inconsistent recording of information in RMS.
Providers delivering FLAS are reminded of their obligation to comply with all aspects of the FLAS Operational Policy, with specific audit findings provided to those included in the audit programme.
If you have any questions about the FLAS audit results, please contact the Legal Aid Providers team at legalaidprovider@justice.govt.nz.
22/08/2023 - The judiciary has reviewed the court operating protocols in light of the removal of the remaining COVID-19 health restrictions, effective from 21 August 2023.
These following guidelines apply subject to any directions given by the presiding judge in a particular case. The presiding judge may direct that requirements set out in these guidelines do not apply in a particular case if the judge is satisfied that it is in the interests of justice to do so.
Positive COVID-19 Tests
• All court participants and other persons attending the trial must promptly advise the court registry if they test positive for COVID-19.
• If a juror or other court participant tests positive for COVID-19, the presiding Judge will determine whether it is appropriate for them to attend court. Whether and how the trial may be able to continue will be a matter for the presiding Judge to determine on a case-by-case basis.
Masks
• A person present is a jury trial is no longer required to wear a mask; however, they may choose to wear a KN95 or surgical mask. This is encouraged if they are feeling unwell.
Testing
• The presiding judge may direct that some or all of the jurors or other court participants involved in a jury trial are required to take a Rapid Antigen Test (RAT), if the judge is satisfied that it is reasonably necessary to do so in the interests of justice and to protect health and safety in the courts.
Jury Empanelling
• Summonsed jurors will be kept together for the minimum amount of time.
17/08/2023 - Legal Aid Services has updated the Step-By-Step Guide for new and existing providers applying for legal aid approvals.
The updated Guide is available on the Ministry of Justice website.
The Guide sets out the minimum criteria for each approval and explains how to complete an application for a lead, supervised or limited approval.
The new Guide includes several small improvements, as well as new and expanded sections.
The changes include:
If you have any questions about the updated Guide or the approval process, please contact the Legal Aid Providers team at legalaidprovider@justice.govt.nz.
03/08/2023 - A decision has been made to change two features of What’s New for Legal Aid Lawyers.
The name has been changed to “What’s New for Lawyers who provide Legal Aid” to better describe the mahi you do.
The subject line of the email will now contain the jurisdiction relevant to the article in brackets. This is to ensure that emails more relevant to specific jurisdictions are clearly flagged for attention. If it applies to all jurisdictions, this will be All.
03/08/2023 - The Chief Justice, on 29th March 2023 launched the Digital Strategy(external link) for the Courts and Tribunals of Aotearoa New Zealand, which sets out the judiciary’s objective and guiding principles for use of technology in the courts.
As a result, the Digital office in the Ministry of Justice is conducting a review of the Audio Visual (AV) technology services used to access Justice, both internally within the Ministry and externally across the Justice sector.
The review aims to capture user’s needs, pain points and experiences relating to Justice AV technology and remote participation in Courts. The project team will then design requirements and experiences that align with the direction set out by the Digital Strategy.
We would like to get your feedback on the service, being identified as a key area where feedback will be valuable to the review. Please see the link below to access a survey for you to give your feedback. The survey will be open till the 21st of August 2023.
We understand this is a busy time and your input into the AV review will be greatly appreciated.
Audio Visual and Remote Participation Survey(external link)
20/07/2023 - As of 19 May 2023, we updated the mileage rate to $0.95 per kilometre to align with the IRD rate.
The new mileage rate applies to all legal aid invoices received from 19 May 2023.
If you receive an email returning your invoice for this reason, you can update the mileage rate using the instructions from the attached document and resubmit your invoice.
However, if you are wanting to claim mileage at the previous rate, you can indicate this in your email when submitting your invoice and these can be processed as claimed.
Resource - Updating the mileage rate [PDF, 243 KB]
12/07/2023 - Tēnā koutou
Please see the below letter outlining an opportunity for experienced defence lawyers who are passionate about therapeutic approaches to justice to be part of the legal services team in our AODT courts (Waitakere and Kirikiriroa).
AODT Waitākere and Kirikiriroa EOI July 2023 [PDF, 232 KB]
Applications close on the 18 July 2023 by 5pm.
If you have any questions or want more information about these positions, please contact legalaidprovider@justice.govt.nz.
11/07/2023 - Legal Services Commissioner announces rate increase and review for duty lawyers
Pay rates for duty lawyers will increase alongside a wider review of the duty lawyer service, Legal Services Commissioner Tracey Baguley has announced.
From 1 August duty lawyer’s hourly rates will rise from $88 to $103 on weekdays and from $108 to $126 on weekends.
The change to duty lawyer rates will create more consistency as lawyers will receive similar payments when working as duty lawyers as when they are working as legal aid lawyers.
In addition, the Legal Services Commissioner has announced a broad scope review of the duty lawyer service.
The review will evaluate the current state of the duty lawyer service and make recommendations on how it may more effectively and efficiently provide legal advice and assistance to defendants in the District Court.
“Duty lawyers play an important part of New Zealand's justice system and uphold the right of any unrepresented and/or vulnerable defendant to access a lawyer without delay,” says Tracey Baguley, Legal Services Commissioner.
“The increase to duty lawyer remuneration is in response to duty lawyers’ immediate concerns about pay rates, alongside a longer-term commitment to review the duty lawyer service”.
The review will be led externally and include an advisory group of key stakeholders including members of the profession and is expected to start in August 2023 and be completed by February 2024.
29/06/2023 - As a part of the Ministry of Justice project to update our legal aid quality assurance framework, we have made changes to how we audit legal aid lawyers. Our audit programme seeks to understand the quality of legal representation provided for legal aid clients and support legal aid lawyers to deliver services that meet the Ministry’s practice standards.
There are now two different types of audits – limited audit and full audit. Limited audit was launched in 2022 and is a file-based check performed by Ministry staff. We are now implementing “full audit”, which is an interview and file-based audit performed by experienced, current legal aid lawyers with audit training.
The updated audit policy and full audit methodology(external link) are available on our website, along with a fact sheet(external link) on what to expect during an audit. These will both be useful for both new and experienced legal aid lawyers.
From June 2023, if you are selected to participate in a full audit, you will meet your auditor for an interview, and have opportunity to learn from their experience and receive their support.
We have also developed a range of support resources(external link) for legal aid lawyers. Using these will help you prepare for audit. All legal aid lawyers can expect to be audited at least once every five years.
22/06/2023 - Budget 2022 investment for Legal Aid Services allowed the Ministry to implement a 15% increase in the legal aid eligibility thresholds and 16.5% to the debt repayment thresholds. These were to be followed by an annual increase of 1.9% to both thresholds for the next three years.
The first of these annual increases will take effect on 1 July 2023.
Please find a letter below from Tracey Baguley, Legal Services Commissioner, which provides further detail on these changes:
Letter to the profession [PDF, 153 KB]
Updated eligibility resource [PDF, 167 KB]
Legal Aid Services’ policies, including the grants handbook for providers will be updated prior to these changes coming into effect.
22/06/2023 - The Family Court Associates team are currently seeking Expressions of Interests from persons who hold a practising certificate as a barrister, or as a barrister and solicitor, for at least seven years, to join their team.
The opportunities available will initially be prioritised to Auckland and Christchurch and will either be part-time or full-time.
The full advertisement and information on how to apply is available here(external link).
Applications close on 7 July 2023.
06/06/2023 - The Ministry of Justice is conducting a survey to better understand the information security practises of its third-party providers.
The Ministry is seeking responses from all legal aid providers.
The survey is available at the following link(external link). The survey page also includes a helpful document with practical information security tips.
The survey is anonymous and confidential. It is about understanding how sensitive information is managed by the Ministry’s third-party service providers generally, rather than the practices of any specific legal aid provider or firm.
Only one provider from each firm should complete the survey. Providers working as sole practitioners or barristers should complete a survey each.
Any questions about the survey can be sent to the Ministry’s project team at TPIM.Review@justice.govt.nz.
We appreciate your support and participation.
02/06/2023 - The Legal Aid provider team is looking for expressions of interests from experienced defence lawyers who are passionate about therapeutic approaches to justice, and who can commit to up to 20 hours per week, to lead the legal services team in one of three AODT Courts as a AODTC Team Leader/ Supervisor.
There are three opportunities available – Auckland, Waitākere and Hamilton.
Applications close on 12 June 2023.
If you have any questions or want more information about these positions, please contact legalaidprovider@justice.govt.nz.
Team Leader AODTC Expression of interest [PDF, 169 KB]
Team Leader AODTC job description [DOC, 131 KB]
18/05/2023 - We are updating our mileage rate to align with the IRD rate. The new rate is $0.95 per kilometre for all vehicles.
To allow the new rate to be claimed as soon as possible, it will apply to all legal aid invoices received from 19 May 2023. However, to mitigate unnecessary administrative work, claims received after 19 May 2023 at the old rate can still be processed as claimed.
If you are using the Word template forms, please update the mileage rate. After the new rate has been recorded once, it will remember that going forward.
18/05/2023 - The Ministry of Justice is conducting a survey to better understand the information security practices of its third-party providers.
The Ministry is seeking responses from all legal aid providers.
The survey is available at the following link(external link). The survey page also includes a helpful document with practical information security tips.
Please ensure that you complete the survey by Friday the 9th of June.
The survey is anonymous and confidential. It is about understanding how sensitive information is managed by the Ministry’s third-party service providers generally, rather than the practices of any specific legal aid provider or firm.
Only one provider from each firm should complete the survey. Providers working as sole practitioners or barristers should complete a survey each.
Any questions about the survey can be sent to the Ministry’s project team at TPIM.Review@justice.govt.nz.
Thank you for your participation.
11/05/2023 - We have been notified that some legal aid lawyers have received scam What’s New emails. The emails are asking legal aid lawyers to click on a “one-way” link. The email is also being sent directly on from a real What’s New article that was published in June 2022.
Please do not click on the link, instead report as a scam to your email provider and delete the email.
All emails sent from the Ministry of Justice will come from an email address ending in @justice.govt.
We are aware that the Ministry of Justice and other organisations have been subject to recent phishing attacks.
To inform members of the public of the scam, banners have been added to the Ministry external website.
04/05/2023 - Due to a shortage of available providers, Taumarunui District Court has been added to the travel exceptions list for Waikato lawyers on the Taumarunui duty lawyer roster for PAL 1 criminal matters.
This means a provider from the duty lawyer roster may be assigned and, subject to the disbursements policy, reasonable travel costs will be approved.
The list has been updated in the grants handbook(external link).
04/05/2023 - The Ministry of Justice has published an Interpreter Services Quality Framework.
The framework provides national consistency for how interpreters are engaged and trained to work in courts. It covers all aspects of service delivery, from booking interpreters to how the service is monitored to ensure it is effective in increasing access to justice. The quality framework will increase support for interpreters working in courts and tribunals.
The Ministry has used feedback from lawyers, interpreters, the judiciary and others to strengthen and clarify the quality framework to help make the interpreter service better for everyone.
The new quality framework is available here(external link). Lawyers should be aware of their responsibilities to brief interpreters on a case and share relevant documents with them, which is covered in pages 41-42 of the framework.
We have also developed two factsheets on identifying when someone needs an interpreter and conducting proceedings involving interpreters which lawyers may find useful. These are available on the same page as the quality framework (link above).
Seeking Expressions of Interest for positions within the Performance Review Committee.
27/04/2023 - The Performance Review Committee (PRC) plays a vital role in the maintenance of an efficient and ethical legal aid system, by providing advice to the Secretary for Justice on any matter relating to the performance of a legal aid provider. The PRC are looking to recruit additional members and a new chairperson. The Chair is responsible for ensuring this function can be properly carried out, and acts with secretarial support from the Ministry of Justice.
We are currently seeking Expressions of Interests from senior lawyers who would like to be considered for either, or both positions for a minimum term of two years.
Those appointed to be members of the committee will have:
We would expect the chairperson to meet the requirements above and have at least seven years’ legal experience. Please note the chairperson having knowledge of financial management in the State sector is desirable but not a necessity.
Likewise, it is not necessary that the successful applicants be approved legal aid providers.
The Legal Aid Performance Review Committee requires a quorum of three members, including the Chair, and members will be allocated to meetings based on the expertise required to conduct each meeting. For each meeting the Committee will be given documents to read that form the background to the referral.
The Committee meets as and when needed, and the time needed to prepare for and attend meetings varies case by case. The number of committee meetings will depend on the number of serious performance related issues the Ministry has to address where serious sanctions such as cancellation or modification of approval must be considered. In past years, the meetings have not been very regular. However, we are expecting to commence a new full audit process which may result in more PRC referrals than in previous years.
For enquiries or to apply please submit your CV, a valid Certificate of Standing, and a cover letter to legalaidprovider@justice.govt.nz by Sunday 7 May 2023.
Terms of Reference [PDF, 151 KB](external link)
Seeking Expressions of Interest for positions within the Performance Review Committee.
The Performance Review Committee (PRC) plays a vital role in the maintenance of an efficient and ethical legal aid system, by providing advice to the Secretary for Justice on any matter relating to the performance of a legal aid provider. The PRC are looking to recruit additional members and a new chairperson. The Chair is responsible for ensuring this function can be properly carried out, and acts with secretarial support from the Ministry of Justice.
We are currently seeking Expressions of Interests from senior lawyers who would like to be considered for either, or both positions for a minimum term of two years.
Those appointed to be members of the committee will have:
We would expect the chairperson to meet the requirements above and have at least seven years’ legal experience. Please note the chairperson having knowledge of financial management in the State sector is desirable but not a necessity.
Likewise, it is not necessary that the successful applicants be approved legal aid providers.
The Legal Aid Performance Review Committee requires a quorum of three members, including the Chair, and members will be allocated to meetings based on the expertise required to conduct each meeting. For each meeting the Committee will be given documents to read that form the background to the referral.
The Committee meets as and when needed, and the time needed to prepare for and attend meetings varies case by case. The number of committee meetings will depend on the number of serious performance related issues the Ministry has to address where serious sanctions such as cancellation or modification of approval must be considered. In past years, the meetings have not been very regular. However, we are expecting to commence a new full audit process which may result in more PRC referrals than in previous years.
For enquiries or to apply please submit your CV, a valid Certificate of Standing, and a cover letter to legalaidprovider@justice.govt.nz by Sunday 7 May 2023.
Terms of Reference [PDF, 151 KB]
Seeking Expressions of Interest for positions within the Performance Review Committee.
The Performance Review Committee (PRC) plays a vital role in the maintenance of an efficient and ethical legal aid system, by providing advice to the Secretary for Justice on any matter relating to the performance of a legal aid provider. The PRC are looking to recruit additional members and a new chairperson. The Chair is responsible for ensuring this function can be properly carried out, and acts with secretarial support from the Ministry of Justice.
We are currently seeking Expressions of Interests from senior lawyers who would like to be considered for either, or both positions for a minimum term of two years.
Those appointed to be members of the committee will have:
We would expect the chairperson to meet the requirements above and have at least seven years’ legal experience. Please note the chairperson having knowledge of financial management in the State sector is desirable but not a necessity.
Likewise, it is not necessary that the successful applicants be approved legal aid providers.
The Legal Aid Performance Review Committee requires a quorum of three members, including the Chair, and members will be allocated to meetings based on the expertise required to conduct each meeting. For each meeting the Committee will be given documents to read that form the background to the referral.
The Committee meets as and when needed, and the time needed to prepare for and attend meetings varies case by case. The number of committee meetings will depend on the number of serious performance related issues the Ministry has to address where serious sanctions such as cancellation or modification of approval must be considered. In past years, the meetings have not been very regular. However, we are expecting to commence a new full audit process which may result in more PRC referrals than in previous years.
For enquiries or to apply please submit your CV, a valid Certificate of Standing, and a cover letter to legalaidprovider@justice.govt.nz by Sunday 7 May 2023.
Terms of Reference [PDF, 151 KB]
06/04/2023 - If you notice an error in legal aid payments (such as a duplicate invoice payment or an overpayment), please contact the Legal Aid Grants team: Contact us | New Zealand Ministry of Justice(external link)
In the rare instance of an overpayment, Legal Aid Grants will issue a credit note which will be deducted from your future invoices. Please do not return the payment to the Ministry of Justice as this needs to be processed by the Legal Aid Grants team to ensure that the legally aided client’s final repayment amount is correct.
06/04/2023 - To enable timely processing of your invoices, please check that your invoice totals have been calculated accurately.
For those using the word template forms the invoice will calculate automatically if you use the built in macro. However:
The latest versions of our forms can be found here(external link). For more information on invoicing, please refer to pages 90 - 92 of the Grants Handbook(external link).
27/03/2023 - A new duty lawyer minimum payment policy will be introduced from 3 April 2023. From this date, duty lawyers will now be able to claim a minimum payment of two hours on weekdays and a minimum payment of four hours on weekends and public holidays.
We are implementing this change to provide better support to duty lawyers working attendances where previously hours were not guaranteed, and to recognise the commitment duty lawyers make to ensure access to justice.
The minimum payment is only available to claim when the short attendance is caused by the court’s circumstance (i.e., short list, list cancellation) and will not be available if it is due to personal circumstances (i.e., sickness).
The Duty Lawyer Operational Policy will be updated on the 3rd of April to reflect this change. This can be viewed here. Duty lawyers | New Zealand Ministry of Justice(external link)
A letter from the Legal Services Commissioner and factsheet for duty lawyers has been included below:
Duty Lawyer Minimum Payment Policy factsheet [PDF, 113 KB]
02/03/2023 - We have undertaken a review of the meals and accommodation disbursement for legal aid cases. In considering the increase, we have aligned the disbursement to the current Ministry expenditure guidelines.
Previously the maximum amount that could be approved for overnight accommodation and meals was $226.05 (excl. GST). We have increased the maximum amount for overnight accommodation and meals to $266.96 (excl. GST). Where an overnight stay is not required, the rate for meals has increased to $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(external link).
The new maximum can be claimed on invoices received from 2 March 2023. Any invoices received prior to this date will be paid at the old rate.
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.
02/03/2023 - If you are owed back pay and have not yet returned the spreadsheet sent to you on 7 November 2022, you need to return this prior to 31 March 2023. After this date, we will no longer be processing claims for back pay.
If you do not wish to claim any back pay you are due, no action is required.
If you have any questions regarding this process, please email them through to lsc@justice.govt.nz
02/03/2023 - Recently, the Ministry of Justice has taken up a two-year lease for a facility in Newmarket. It will be called the ‘Newmarket Court Hearing Centre’ and will primarily be used to hear cases from Manukau District Court’s family jurisdiction.
Information about the site:
The facility will be at Level 2, 414 Khyber Pass Road, Newmarket.
Hearings are scheduled to begin from 7 March 2023.
The site is accessible for people with physical impairments and has assistance options for people with hearing impairments.
The site can be accessed by public transport via the Newmarket train station and bus stops.
There are nearby large public carparks.
Hearings are currently scheduled to begin in Newmarket from 7 March 2023. Court participants will be advised if their case will be located at the Newmarket Court Hearing Centre.
For further information please contact: Jamie Haynes, Manager Justice Services, South Auckland at jamie.haynes@justice.govt.nz or Renuka Ram, Project Manager at renuka.ram@justice.govt.nz.
27/02/2023 - The two-hour minimum payment for Duty Lawyers described in What’s New on 14/2/23 is now only available for rostered duty lawyers in Tairāwhiti and Hawkes Bay only. This is effective immediately until further notice.
In all other regions the usual Duty Lawyer rates apply.
23/02/2023 - As per the Delegations Policy, providers may choose to instruct another provider to complete activities such as research, printing and preparing disclosure etc.
Where these activities have occurred, we will approve up to an additional 2 hours at your legal aid rate for the case without requiring an amendment to grant.
Your invoice should briefly describe the additional services and reference Cyclone Gabrielle.
23/03/2023 - The technical issues affecting the Ministry website are resolved and the PDF versions of legal aid forms are now available.
If you continue to have issues downloading the PDF forms, please email NSDOpsSupport@justice.govt.nz
Thank you for your patience and co-operation.
23/02/2023 - Recently, the Ministry of Justice has taken up a two-year lease for a facility in Newmarket. It will be called the ‘Newmarket Court Hearing Centre’ and will primarily be used to hear cases from Manukau District Court’s family jurisdiction.
Information about the site:
Hearings are currently scheduled to begin in Newmarket from March 2023. Court participants will be advised if their case will be located at the Newmarket Court Hearing Centre.
For further information please contact: Jamie Haynes, Manager Justice Services, South Auckland at jamie.haynes@justice.govt.nz or Renuka Ram, Project Manager at renuka.ram@justice.govt.nz.
23/02/2023 - As a part of the Ministry’s ongoing project to improve the experience for legal aid lawyers, we have released a selection of support resources.
The support resources consist of a selection of factsheets and templates. These are available on the Ministry website, and may prove helpful for new legal aid lawyers, or those with recent approvals to a new jurisdiction. The factsheets and/or templates may be sent out when expectations on an audit are not met, or opportunities for improvement are recognised during the audit.
The factsheets provide information on a number of topics, and the templates can be used to assist with file keeping. The templates can be printed and filled in by hand or edited online using the ‘edit a PDF’ function.
Factsheets available:
Templates available:
The support resources are available here(external link).
21/02/2023 - Tēnā koutou,
We appreciate that these are unprecedented times and that you are or may have to deal with different scenarios to ensure that access to Justice continues.
Please see our legal aid updates below.
Invoices
Invoices for providers in Tairāwhiti and Hawkes Bay are being prioritised for payment by our team, this includes Duty Lawyer payments.
Timeframe for claiming for payment for legal aid services
The Legal Services Regulations 2011 provide that claims for legal aid services must be submitted within six months. For fixed fee cases, the timeframe applies from completion of the services while for services delivered on an hourly basis it applies from the time the services were delivered. Claims that are submitted outside this timeframe because of disruption to providers’ administrative processes caused by the State of Emergency will not be declined for being outside the timeframe. Providers submitting claims outside the timeframe should include an explanation for the delay.
Travel policy
While appearances are currently being held in different ways, an increasing amount of work is being done from home instead of usual places of business.
It is acknowledged that this may require extra travel where appearances are still required, and that this travel is not covered by the current travel expense policy. In recognition of this we have introduced a temporary policy where providers working from home may claim expenses for travel between home and the Court, a place of detention or a Parole Board hearing venue where:
· the distance is greater than 50 kilometres, or
· the return travel time is greater than one hour.
This will apply to Criminal (including Duty Lawyer), Family and Civil matters for the duration of the State of Emergency. If a provider has several legally aided cases in one day it is expected that only one claim for these travel expenses will be made unless multiple travel occurrences were necessary.
The travel policies in the Grants Handbook on the Ministry's website have not been updated with this temporary change. The policies on travel disbursements continue to apply in all other respects.
Please note on your invoice that this travel is related to Cyclone Gabrielle.
Duty Lawyer Payments
When a duty lawyer is rostered to be available for the duty lawyer service, he or she may claim a minimum 2 hours, or the actual hours attended, if that is more than 2 hours.
We also understand that due to some hearings taking place via AVL, duty lawyers may be required to print disclosure or opposed bail paperwork.
We are aware that there is currently nothing in the Duty Lawyer policy for disbursements, however, during this period, we will pay the standard $0.10 per page.
If you have any questions, please email them through to lsc@justice.govt.nz.
17/02/2023 - The Ministry website is currently undergoing some technical issues and some of the PDF versions of legal aid forms may not be available
We are working on a solution urgently and hope to have this in place soon.
If you urgently require a copy of a PDF form that is not available, please email NSDOpsSupport@justice.govt.nz
We apologize for any inconvenience caused.
14/02/2023 - Legal Aid Services is temporarily adjusting the minimum hours Duty Lawyers can claim for rostered shirts, due to the impacts of Cyclone Gabrielle.
If a duty lawyer is rostered to be available for the duty lawyer service, he or she may claim a minimum of 2 hours, or the actual hours attended, if that is more than 2 hours.
These changes will apply from Monday 13th February 2023 until further notice. Thank you for your continued co-operation.
02/02/2023 - Please be reminded that a supporting GST receipt/invoice must be submitted with any invoice that has a third party disbursement (ie specialist report). If a supporting invoice is not submitted, we will be unable to make payment until we receive this.
If you have any questions regarding this process, please email them through to lsc@justice.govt.nz.
19/01/2023 - If you were owed backpay you should have received an email on 7 November 2022 with an attached spreadsheet, asking you to confirm the amount you are due to be back paid and return the spreadsheet to legalaidbackpay@justice.govt.nz.
If are owed back pay and have not yet returned the spreadsheet, can you please do so by 3 February 2023. After this date, we will no longer be accepting or processing claims for back pay.
If you do not wish to claim any back pay you are due, no action is required.
If you have any questions regarding this process, please email them through to lsc@justice.govt.nz.
13/01/2023 - The Ministry of Justice is leading a project to enhance the current interpreter service to ensure it is delivered consistently throughout our courts and is supported by a quality framework. This work is important as interpreters play a fundamental role in ensuring justice is equally available to all court participants, regardless of the language they use.
We have developed a draft quality framework that introduces minimum qualifications required to become a court-appointed interpreter, and describes how the service should be delivered in courts and tribunals.
Our draft framework is available on our consultation hub https://consultations.justice.govt.nz/csi/court-appointed-interpreter-services-quality-frame(external link)/ and we are asking for your feedback to ensure it meets our stakeholders’ needs. The consultation period is from 13 January to 3 February 2023.
Once we have incorporated feedback and finalised the document, it will become a requirement for all those involved in using interpreter services in court proceedings to deliver these services in line with the quality framework.
Thank you in advance for your consideration of the draft framework.
5/01/2023- As part of the Budget 2022, in addition to the increase in hourly rates, the investment also allowed the Ministry to implement changes to key policy settings. These changes came into effect on Sunday 1 January 2023, and included:
In addition to this, the eligibility and repayment thresholds will both increase by 1.9 percent over the next 3 years.
Word Template Package
The Word template package has now been updated to reflect these changes. This can now be downloaded with instructions from the Ministry website: Download Word Template Package
Please be aware, moving forward from 1 January 2023, you must use the updated Word template package. All outdated forms received by Legal Aid Services will be returned to you for updating.
Thank you for your patience and co-operation.