508 It is apparent from the computerised registration system of the Commission des services juridiques that, in 1997/98, fees were registered in favour of the Commission des subventions de l`aide juridique en matière civile in 1997/98. Their average value was $2729. The average value of civil aid in the 1997/98 financial year was USD 1935 (see Chapter 5, Table 2, paragraph 390). The table below shows the fee data for 1997/98. 544 For several reasons, persons who fulfil the conditions for legal aid in civil matters cannot be sure of being represented. First, as discussed in Chapter 5, lawyers tend to congregate in cities; There are very few lawyers in some parts of the country; only a minority of lawyers in the private sector provide legal aid; And lawyers employed by the Community`s legal centres are rarely allowed to represent clients in court. Find out about repaying legal aid, if you need to make repayments, how to make repayments, if there are any repayment problems and if your debts are secured by a property you own. If you need a lawyer and can`t afford one, you can first contact us to get initial free legal help. We can then refer you to the right lawyer.
Some of our Community Law Centres now offer legal assistance in certain areas of law. You will need to contact your local community law centre to see if they can help you resolve a legal issue through legal aid. “We know how scary the court process can be for people, especially when they face unnecessary obstacles. These changes will be of real help to those who need legal assistance,” said Kiri Allan. • which lead to different conditions under which legal aid is granted in different parts of New Zealand. 561 The consultation paper entitled “Women`s Access to Legal Aid in Civil Matters” suggested that it would be useful for lawyers to have more opportunities to learn about the operation of legal aid in civil matters. The majority of comments received supported this proposal. Based on the findings presented in the consultation documents for this study, it is expected that the Institute of Professional Legal Studies will include legal aid materials in its 13-week course for law graduates. The New Zealand Bar Association is also prepared to include legal aid in its legal education programme. These are desirable steps. The Society may also inform lawyers on legal aid issues through its bi-monthly publication LawTalk, which is sent to all lawyers with up-to-date professional certificates. The Commission des services juridiques` quarterly publication, Sounding Board, has a much smaller audience and the Commission is very grateful for the Corporation`s efforts to integrate the Feedback Commission`s information into LawTalk.
531 Two other options for reforming the recovery mechanisms of the civil legal aid system are: “Our legal aid system is an important part of the New Zealand justice system. The legal aid system in New Zealand provides government-funded legal aid to those who cannot afford a lawyer. Legal aid is available for almost all court proceedings at all levels of the judicial system. These include criminal charges, civil cases, family disputes, appeals and claims from the Waitangi Tribunal. Since its inception, the cost of the service to the taxpayer has increased significantly. In 2009, the system underwent a three-month critical review by Dame Margaret Bazley, who proposed a number of changes, including fixed fees for defence lawyers working on criminal cases. Bazley`s recommendations were quickly adopted by the government, which wanted to cut costs. Prominent academics have expressed concern that this would affect New Zealanders` right to a fair trial.
Initially, the Public Defence Service (PDS) employed a limited number of lawyers to work in Auckland`s courts on a salary, rather than paying private lawyers for these cases. It began as a pilot project in May 2004. [24] In response to Dame Bazley`s review, and in an attempt to keep the cost of legal aid below $100 million per year, former Attorney General Simon Power announced a series of changes, including an expansion of the PDS to cover 50% of criminal legal aid cases. 512 The evidence gathered in this study suggests that women view the potential burden on the property of legal aid recipients as a significant deterrent to pursuing their legal aid business. The probability of receiving a levy and its amount are determined by a district subcommittee only after the completion of the subsidized procedure. Therefore, a lawyer acting for a beneficiary client is not able to predict with certainty the decision of the panel. Very often, women who received or received legal aid said that the fear of incurring debt of unknown magnitude increased the financial and emotional burden of their situation during the court proceedings. 537 More than 60% of royalties may be levied on immovable property valued at more than USD 40,000. Indeed, in 20 per cent of the cases where charges were laid, the value of the encumbered assets was not disclosed in the legal aid cases. It is also relevant to note that in the remaining 20% of cases where fees were levied on property valued at less than $40,000, more than half of the duties were collected on property valued at less than $10,000.
(AC Nielsen MRL, 71) It is questionable whether fees for properties of such a low value constitute a good guarantee for debts owed to the Commission des services juridiques. 478 The civil litigation regime, which is overseen by the Legal Services Council under the Legal Services Act, 1991, is administered at the local level by district legal services committees and their subcommittees. It provides funding to enable applicants who meet the legal criteria to be represented by a solicitor and, where appropriate, a lawyer. (Legal Services Act 1991, section 20; see Chapter 5, section 384) A brief summary of the system can be found here. 500 investigations by the Commission des services juridiques on 2316 civil legal aid cases opened in 1994 and 1995 show that the average annual personal income of beneficiaries was USD 13,453. (AC Nielsen MRL, 41) Since the income test for legal aid has not changed, there is no reason to believe that today`s recipients would have a higher average income. As a result, eligibility for civil legal aid differs considerably from other forms of State aid. The financial test for a housing supplement provides supplements to recipients and low-income individuals. Eligibility for Community Service Card (CSC) support has been maintained within performance levels and is currently well above baseline. In 1995/96, the government increased CSC`s level of eligible income as part of its tax and benefit changes; and as of 1 May 1998, 1.12 million New Zealanders owned CCS (over 40 per cent of New Zealand adults). Table 4 presents the income levels that justify CSC eligibility for families with up to six members.
For families with more than six participants, the eligibility threshold is now (since February 1, 1999) established by adding an amount of $4840 for each additional person to the family income of six. 479 Civil legal aid is granted to applicants whose “disposable income” is less than USD 2000 or more, which the district subcommittee may approve in special circumstances. (§ 28, para. 1; Regulation 35, Legal Services Regulations 1991) 529 Many lawyers noted in their statements that their firm sometimes bears the cost of the initial $50 contribution to be attached to the request for assistance, unless a waiver is requested. Some said they get that amount back through small weekly or bi-weekly payments from their customers. (See NZLC, MP8, 16-17.) Others said it was not worth doing. The Commission is aware of the different practices in this regard and believes that the low rate of exemptions granted by some legal services subcommittees may be due, at least in part, to the fact that lawyers in these regions pay the $50 contribution on behalf of their clients rather than applying for an exemption.
Recent Comments