Media Releases
2008 Annual Report
New Zealand's first Public Defender leaves office
Legal aid figures under forecast budget
Legal aid supply and demand report released
2007 Annual Report
Payment for callovers
Criminal Justice Reform
New tool for public to assess legal aid eligibility
Second interim report on the Public Defence Service Pilot released
Legal aid supply and demand report released
Amendment Act takes effect
National Survey of unmet needs
Media Contact
Legal aid lawyers played a vital role – Legal Services Agency Annual Report
Legal aid lawyers played a vital role in working with the Legal Services Agency in providing access to justice for people unable to pay for legal representation. During 2007/08 the numbers of legal aid lawyers accepting at least one new case were:
- 843 criminal legal aid lawyers
- 863 family legal aid lawyers
- 161 mental health legal aid lawyers
- 450 civil legal aid lawyers
- 25 Waitangi Tribunal legal aid lawyers
“The Agency’s mission is helping people access justice, and we helped just over 58,300 people access legal services, through 73,000 grants of legal aid in the 2007/08 year,” said Carole Durbin, the Chair of the Legal Services Agency Board.
“Our legal aid and other legal assistance schemes are important parts of the Justice sector. In addition to legal aid services, the Agency funded 766 lawyers to provide duty solicitor services. Duty solicitors assist people who have no legal representation at their first court appearance. Three hundred and seventy-four lawyers assisted with the Police Detention Legal Assistance (PDLA) scheme in 2007/08. The PDLA scheme provides legal advice by telephone or in person for people who have been arrested, or are detained or questioned by the Police.”
The Agency also funded 27 community law centres (CLCs), which together delivered 80,000 hours of case work, 24,000 hours of legal information services and 110,000 hours of law-related education services to their communities. The Agency funds CLCs from interest on solicitors’ nominated trust accounts through the Special Fund and the payments totalled $9.31 million in 2007/08.
According to Chief Executive Tim Bannatyne one of the major events for the Agency in the 2007/08 year was the authority to employ salaried lawyers permanently in the Public Defence Service (PDS).
“The PDS is no longer a pilot and the permanent service came into effect on 1 December 2008,” said Tim Bannatyne. “This has been a major development for the Agency and all the indications, from interim evaluations, judicial feedback and our own internal monitoring, indicate that it is providing a high-quality and cost-effective service.”
The Legal Services Agency’s Annual Report 2007/08 is available here.
New Zealand's first Public Defender leaves office
The inaugural Public Defender, Michael Corry, has successfully completed his five-year term and leaves at the end of this week. An experienced Auckland lawyer, his term began when the Public Defence Service (PDS) was established in 2004 in the Auckland and Manukau courts, the two busiest criminal courts in New Zealand.
The Legal Services Agency employs salaried criminal lawyers to take on criminal legal aid cases through its PDS alongside private lawyers. The service currently handles approximately 2,400 criminal cases a year and provides high quality legal services and value-for-money through the use of salaried staff.
In 2004, the service engaged 12 criminal lawyers, including two senior lawyers. Today, the service employs 20 lawyers, and covers a wide range of work experience and cultural mix.
Michael Corry implemented innovations to case management and set in place procedures to promote efficiency and quality of service. He describes the PDS lawyers as committed men and women working together for a common purpose.
'There are many advantages in a tight-knit group working together as opposed to a single legal aid system of private lawyers working as individuals,' said Michael Corry. 'There is a pool of knowledge and skill which can be readily drawn on and peer support in coping with the rigours of assisting people who are often under extreme stress.'
Michael Corry believes that the daily practice of criminal advocacy requires a special temperament.
'The men and women who do this work need mental toughness and objectivity but also empathy and understanding.'
His contribution to the PDS was acknowledged by the Chief Executive of the Legal Services Agency, Tim Bannatyne.
'Michael Corry has been the Public Defender during an important stage in the development of the PDS, from the establishment of the pilot through to the government authorisation to make this a permanent service,' said Tim Bannatyne. 'He has done a superb job and his experience and leadership have been much appreciated.'
The Agency has been recruiting a replacement and expects to announce the new Public Defender soon.
Legal aid figures under forecast budget
Figures released recently by the Legal Services Agency show that legal aid payments for the 2007/2008 financial year were under forecast budget expenditure. The actual payments to legal aid lawyers for 2007/2008 were $112,037,000, down on the forecast of $112,963,000. These results are GST exclusive and consistent with previous published figures. In line with legislation requirements, payments to legal aid lawyers are GST inclusive.
The Legal Services Agency is responsible for helping people access justice, by funding legal aid, which is available to people who meet the eligibility criteria relating to their financial situation, the merits of their cases or the interests of justice. In any year the number of people needing legal aid will vary – this depends on the number of prosecutions, the personal circumstances of those in the Court system and the progress of Waitangi Tribunal matters.
The Agency figures are provisional and will be audited. Alongside that audit, the Agency will be assessing the trends, including the impact of the wider eligibility following the Legal Services Amendment Act, which came into effect 1 March 2007, and forecasting future spending.
A copy of the Agency’s Statement of Intent 2008-2011 is available here. (pdf 339kb)
Legal aid supply and demand report released
The Legal Services Agency’s Analysis of the supply, distribution and assignment to legal aid providers in New Zealand 2006/07 has been released.
Margaret Pearson, the Agency’s Manager Service Contracts says, “This report shows that overall, the number of providers listed to do legal aid work is similar to the previous year, that most legal aid lawyers have significant experience, and that demand for legal aid has grown.”
- Compared with the previous year, some of the key findings from the 2006/07 analysis, include:
For criminal legal aid, there was a decrease of less than one percent in the number active providers, while the number of legal aid grants increased by 9%. Of the active criminal legal aid providers, 72% have 9 or more years experience, and another 18% have between 4 and 9 years experience - For family legal aid, there was a decrease in the number of active providers (2%) and a decrease in the number of grants (<1%). 68% of active family legal aid providers have 9 or more years experience, and another 22% have between 4 and 9 years experience.
- For mental health legal aid, the number of active providers decreased (10%) while there was an increase in the number of grants (1%). 80% of active mental health legal aid providers have 9 or more years experience, and another 18% have between 4 and 9 years experience.
- For civil-general legal aid, there was an increase in active providers (8%) and grants (24%). 73% of active civil-general legal aid providers have 9 or more years experience, and another 23% have between 4 and 9 years experience.
Ms Pearson says “This is not intended to be an assessment or commentary on whether the supply of providers is adequate. However, the report shows there are some locations where there are few, or even no legal aid lawyers. If someone cannot find a legal aid lawyer, they can contact the Agency and we will help them find one.”
A copy of the report, Analysis of the supply, distribution and assignment to legal aid providers in New Zealand 2006/07 is available here
Increased access to justice – Legal Services Agency Annual Report
The 2006/07 Annual Report of the Legal Services Agency shows increases in the number of grants of legal aid, advice to people being questioned or detained by the police, and the time Duty Solicitors spend with unrepresented defendants.
“The Agency’s mission is helping people access justice, and we helped more than 55,000 people access legal services, through 70,000 grants of legal aid in the 2006/07 year,” said Carole Durbin, the Chair of the Legal Services Agency Board.
Of the other programmes the Agency is responsible for, Ms Durbin said, “We provided around 95,700 hours of advice and assistance for unrepresented defendants appearing in court through the Duty Solicitor scheme. This is an increase of around 11,500 hours.”
“And there were more than 15,300 contacts where people received legal advice and help under the Police Detention Legal Assistance scheme.”
The Legal Services Agency also increased funding for community law centres by a further $330,000 to help people access legal services on issues affecting their daily lives.
Chief Executive Tim Bannatyne said, “The major event in the 2006/07 year was the implementation of the Legal Services Amendment Act (2006), which came into effect on 1 March.”
“The Amendment Act effected major changes with greater levels of eligibility and requirements including repayments from more legally aided people. This required significant and comprehensive organisational changes. We were pleased with the implementation.”
Certified claims for legal aid and related schemes increased by $11.3 million (11.8%) to $107.4 million.
Carole Durbin and Tim Bannatyne said, “Around 97% of legal aid work was undertaken by private legal aid providers in the year. Commitment from lawyers to legal aid is essential to the viability of the schemes and ultimately, to help people access justice.’’
A copy of the Legal Services Agency’s Annual Report 2006/07 is available here.
Payment for callovers
Payment for callovers changed on 1 October 2007 with the new Criminal Jury Trials Practice Note – District Court, issued by the Chief District Court Judge. Details on the new Guideline Hourly rates are available here.
Criminal Justice Reform
New sentencing options, including judicial monitoring and home detention, mean new Guideline Hourly Rates have been introduced to cover these cases. Details of the new Steps (4A, 4B, 5A, and 5B) are available here.
New tool for public to assess legal aid eligibility
A new online calculator has been developed to help people see if they might be financially eligible for legal aid.
Alasdair Finnie, the Legal Services Agency’s Manager Strategic Development says “People are eligible for legal aid at different income levels, depending on whether or not they have a partner and children, and the calculator takes all of this into account.”
“The tool is designed to minimise uncertainty about legal aid, and how it might be available to help people.
“Having it on our lsa.govt.nz website also means we can present all of the relevant information to help people make a decision in the one place where they can browse at their own pace,” Mr Finnie says.
A campaign is also underway to ensure people are aware of legal aid, and how to access it. Legal aid is available for people who cannot afford a lawyer to help them resolve legal problems. Legal problems can include family violence, child custody and access, relationship property, paternity disputes, as well as criminal matters.
Mr Finnie says “We want people to know where they can turn for help when they need it. When they know where they can get support, it’s one less thing for them to worry in situations that can be stressful.”
The www.lsa.govt.nz website has information about legal aid, how to apply for it, where to find a lawyer, and community law centres.
15 June 2007
Second interim report on the Public Defence Service pilot released
The second report which is part of the Public Defence Service (PDS) pilot evaluation has been released, comparing the types of case and outcomes for defendants dealt with by the PDS and private legal aid lawyers.
It also records private lawyers’ views of the PDS, as well as the views of other key stakeholders. Their views are markedly different.
The evaluation is being carried out by Victoria University’s Crime and Justice Research Centre.
Case management
- PDS cases were much more likely than private cases to plead guilty at their first plea, but there was little difference in plea by the end of the case
- PDS cases were more likely to be resolved before a status hearing, defended hearing or jury hearing
- Jury cases were less common overall, but made up a greater proportion of private cases than PDS cases
Case outcomes
- The conviction rate did not differ significantly between PDS and private providers
- In Manukau Court, PDS cases were more likely to result in a community-based sentence and less likely to result in a prison sentence or monetary penalty or no sentence
- In Auckland Court, PDS appeared to have a slightly lower proportion of prison sentences, and a slightly higher proportion of monetary penalty or no sentence
Stakeholder views
- Private lawyers were more critical of the quality of PDS services than ‘other key stakeholders’
- Private providers were particularly critical of what they perceived as PDS prioritising criminal assignments over duty solicitor commitments
- ‘Other key stakeholders’, including judges, prosecutors, court managers, probation staff, and representatives of community groups, who had a view about PDS, tended to rate the quality of service highly
- More than half of the ‘other key stakeholders’ agreed or strongly agreed that PDS was providing professional leadership for the whole criminal legal aid sector in Auckland and Manukau
- Three-quarters of private providers strongly disagreed or disagreed that PDS was providing professional leadership for the whole criminal legal aid sector in Auckland and Manukau
- ‘Other key stakeholders’ were positive about PDS’ ability to meet the needs and expectations of Maori and Pacific peoples while private lawyers were negative
The full evaluation is available here, and the final evaluation report is due by December 2008.
30 March 2007
Legal aid supply and demand report released
The Legal Services Agency’s Analysis of the supply, distribution and assignment to legal aid providers in New Zealand 2005/06 has been released.
Margaret Pearson, the Agency’s Manager Service Contracts says, “This report shows that demand for legal aid has grown, that most legal aid lawyers have significant experience, and that overall, the number of providers listed to do legal aid work is similar to the previous year.”
Some of the key findings from the 2005/06 analysis, include:
- For criminal legal aid, there was a 12% increase in grants, while there was a 1% decrease in active providers. The number of listed providers stayed the same. More than 70% of active criminal legal aid providers have 9 or more years experience, and another 20% have between 4 and 9 years experience.
- For family legal aid, there was a decrease in the number of grants (<1%) and a decrease in the number of active providers (6%), while the number of listed providers increased by one. 65% of active family legal aid providers have 9 or more years experience, and another 24% have between 4 and 9 years experience.
- For mental health legal aid, there was an increase in the number of grants (4%) and an increase in the number of active providers (4%), while the number of listed providers decreased (1%). 82% of active mental health legal aid providers have 9 or more years experience, and another 17% have between 4 and 9 years experience.
- For civil-general legal aid, there were decreases across the board, with grants (18%), active providers (9%) and listed providers (1%). 69% of active civil-general legal aid providers have 9 or more years experience, and another 25% have between 4 and 9 years experience.
Ms Pearson says “This is not intended to be an assessment or commentary on whether the supply of providers is adequate. However, the report shows there are some locations where there are few, or even no legal aid lawyers. If someone cannot find a legal aid lawyer they can contact the Agency and get names from the list of providers.”
A copy of the report, Analysis of the supply, distribution and assignment to legal aid providers in New Zealand 2005/06 is available here
1 March 2007
Amendment Act takes effect
The Legal Services Amendment Act (2006) took effect on 1 March 2007. The Act extends the eligibility for legal aid, and more people will have to pay back some or all of their legal aid.
The Legal Services Agency is responsible for administering the legal aid and associated schemes. Ensuring that staff and providers were ready for the 1 March changes has been major focus for the Agency over the last 12 months.
You can read the media release about the Amendment Act from the Minister of Justice, Hon Mark Burton here.
19 December 2006
LSA releases first national survey of legal needs
More than 7000 New Zealanders have provided information for a nationwide survey on legal needs and access to legal services, released by the Legal Services Agency today.
The Agency’s Chief Executive, Tim Bannatyne says, “The survey is the largest of its kind in the world, and provides us with a comprehensive base of evidence. The next steps for the Agency involve assessing the gaps to help improve people’s access to services.”
The survey findings show where people seek help with their legal problems, where they encounter problems getting services, and what happens if services are not available for them. The findings cover information about the law, as well as face to face legal advice, assistance and representation.
" Of the people who responded to the survey, nearly one in three experienced a legal problem over the year. Amongst these,” Mr Bannatyne said, “are small and big problems, from buying faulty goods, to drawn out disputes involving the care of children when a relationship ends. In a society like ours that prides itself on the rule of law, many people inevitably encounter legal situations that affect their life in different ways.”
The research says that about 70% of people with a legal problem wanted information, and half of these also wanted a basic level of support to help them deal with their problem. Around 65% of those who had experienced a legal problem said that in the end either their legal needs were met or they did not need to resolve the issue because it stopped being important.
The research methodology is based on the leading work in the field internationally and is designed to focus the respondent on the types of problems they experience that have a legal solution. The report, of particular interest to organisations and people who have an interest in access to justice, is available here
The Legal Services Agency administers the legal aid scheme for people who cannot afford their own lawyer, and provides duty lawyers in Courts and when people are detained by the Police. The Agency also contracts with community law centres and delivers legal information and education.
Media Contact
For further information, contact
Bronwyn Bannister
Senior Communications Advisor
Legal Services Agency
04 495 5967 or 027 688 7312
