Become a Listed Provider
Section 69 Legal Services Act 2000 (the Act) provides that a legal professional must be a Listed Provider to do legal aid, duty lawyer, or police detention legal assistance scheme work. Under section 70 of the Act, the Legal Services Agency maintains a list of approved providers . Listed Providers must keep the Agency informed of changes in details and experience.
Criteria
There are specific criteria to assess whether an applicant has the experience and competence to provide services.
The Criteria for Approval as a Listed Provider (pdf 98kb) is used to assess lawyers.
The Criteria for Non-Lawyer Listed Providers (Interim) is used to assess non-lawyers.
Applications
Applicants who meet the criteria need to fill in the relevant application form, as well as provide a statement of experience in the area(s) of law applied for and/or a current CV. Applications can take up to 8 weeks to process. The applicant will be informed of the decision in writing.
Listed Provider (pdf 313kb) - including lead provider, duty solicitor, police detention legal assistance and Supreme Court applications.
Secondary Provider (pdf 196kb)
Non-Lawyer (pdf 90kb) - including employment advocates, qualified legal executives, non-qualified legal executives and law clerks
Listing process for lead provider lawyer applications
Listing process for secondary provider, duty solicitor, police detention legal assistance and non-lawyer applications
Review of the Agency’s decisions on an application
Conditions on approvals
Listing process for lead provider lawyer applications
The Agency’s decision making is assisted by local consultative groups (Groups). The Groups are established under section 101 of the Legal Services Act 2000, and are made up of members of the legal profession with expertise in a wide range of areas of law. The Groups assess and make recommendations on all lead provider applications, and on occasion duty solicitor and police detention legal assistance applications.
Recommendations are made on a monthly basis. Therefore, applications need to be received by the 15th day of the month to be considered in the next round of Group meetings. For those applicants in the Waikato and Bay of Plenty District Law Society area, applications need to be received by the 1st day of the month.
The Agency then makes the final decision. Applicants will be informed of the outcome in writing within 8 weeks of the Agency receiving the application.
Listing process for secondary provider, duty solicitor, police detention legal assistance and non-lawyer applications
The Agency will assess the application against the relevant criteria and in most instances without input from the local consultative groups. Applicant will be informed of the outcome in writing within 4 weeks of the Agency receiving the application.
Review of the Agency’s decisions on an application
Where the Agency declines an application for listing approval, it must advise the applicant of the decision and invite their submissions (section 72(4) of the Legal Services Act 2000). The applicant has 14 working days to notify the Agency of their intention to provide written submissions. Submissions should address the reasons for declining outlined in the Agency’s letter. Where possible the submissions should include further information to demonstrate that the applicant meets the relevant listing criteria.
The Agency will then consider those submissions, and where new substantive information is provided, the local consultative group may be asked for its further recommendation. The applicant will be advised of the Agency’s revised decision in writing (section 71(4) of the Legal Services Act 2000).
If the Agency still declines the application, the applicant can challenge the Agency’s decisions for declining the application (section 72(5) of the Legal Services Act 2000). The Agency will arrange for the applicant to be heard and, following that hearing, will make a final decision (section 72(6) of the Legal Services Act 2000).
Conditions on approvals
The Agency may impose conditions on an approval to provide legal aid services (section 69(2) of the Legal Services Act 2000). Where this occurs, the provider must provide the services in accordance with those conditions, for the period that the listing approval specifies.
Maintaining and changing provider status
Changes to provider details
The Agency needs to know as soon as possible about changes to your personal details so it can send you all relevant information.
If you leave your current employment to go to another practice, become a barrister sole, or have a change of address or contact details, use the Change of Details Form (pdf 54kb).
Where the Agency’s systems are updated with the provider’s new firm details, they will be sent new Schedules to their contract. As provider numbers are linked to firms they will also be issued with a new number.
The Agency’s Regional Grants Offices are notified on a weekly basis of the changes to the details of the Providers in their region.
If your bank account details change, use the Direct Crediting Form (pdf 28kb). Post it to the Finance Section Legal Services Agency, PO Box 5333, Wellington, DX: SP22526, or email Finance@lsa.govt.nz
Litigation experience level increases
The Agency needs to know when a provider’s litigation experience is due to increase to Level 2 (4-9 years) or Level 3 (over 9 years).
Use the Litigation Experience Level Form (pdf 46kb) and include a detailed outline of employment history, including the area of law and type of work. This will enable the Agency to make a decision on the litigation experience level as soon as possible. Applications for an increase need to be made a few weeks before the change is due, as the change to level cannot be applied retrospectively.
Provider list administration contact details
Provider list administration can be contacted by email at provider@lsa.govt.nz, by phone on (04) 495 5910 or by post to:
Provider List Administration
Legal Services Agency
PO Box 5333
Wellington
DX: SP22526
Criteria for Non-Lawyer Listed Providers (Interim)
Qualified Legal Executives
Applicants must hold a New Zealand Law Society Legal Executive Certificate OR be a legal executive with at least five years experience; and Be supervised by a Listed Provider who is a qualified law practitioner with at least two years practising experience, who works within the same organisation, is the applicant's primary supervisor and will be responsible for the work of the applicant.
Non-qualified legal executives and para-legals
Be supervised by a Listed Provider who is a qualified law practitioner with at least two years practising experience, who works within the same organisation, is the applicant's primary supervisor and will be responsible for the work of the applicant.
Law clerks
Applicants must have completed the academic requirements for eligibility to undertake Professional Legal Studies training; and Be supervised by a Listed Provider who is a qualified law practitioner with at least two years practising experience, who works within the same organisation, is the applicant's primary supervisor and will be responsible for the work of the applicant.
Employment Advocates
Applicants must be a member of the Employment Law Institute.
