Frequently Asked Questions

General

Application for Approval as a Listed Provider

Changing Your Listed Provider Details

Word Template Forms

Contract Renewal and Variation Agreement

General

How long does it take to become a Listed Provider?

It takes up to 8 weeks, as it depends on a number of factors e.g. when in the listing “cycle” the application is submitted and whether all of the required information is provided.

Why does it take the LSA ten working days to process releases of Statutory Land Charges?

In some cases it doesn't take that long. Where debt is being repaid, then the processing time for releasing SLCs may be less. However, many legally aided people are unable to repay their debt from the sale of property, or seek to transfer the charge. This requires additional assessment by the Agency in deciding whether to accept or decline the application for release.

The Agency asks applicants to allow ten days in order to validate the application against the file, ensure the Agency's interests are protected, make a recommendation to Head Office and record and communicate the decision to the practitioner.

Every effort is made to keep processing time to a minimum.

It is also important that the discharge process begins as soon as possible. If practitioners are not prompt in requesting releases of charges once they know a sale of property is under contract, it can it can result in a delay in the sale becoming unconditional.

Can the Agency pay for a senior provider to supervise a junior working on a legally aided case?

The Agency does not pay for this. If firms assign juniors to cases, they need to cover supervision costs themselves. If the junior has an appropriate listing with the Agency they can take legal aid work in their own right.

Application for Approval as a Listed Provider

How do I get onto the Legal Aid List, the Duty Solicitor and/or PDLA Scheme?

All applications must be submitted on the appropriate application form.

The form along with supporting material sent to: Provider List Administration, Legal Services Agency, PO Box 5333, Wellington (DX – SP 22526) or fax (04) 495-5911

The lead provider approval process is carried out monthly. The cut-off date for applications is usually the 15th of each month. Depending on when you submit your application, it may take up to eight weeks before you receive the Agency’s decision. In most cases, secondary provider applications are assessed for approval on a weekly basis.

If approved you will be offered a contract for services, or if you are already a listed provider, your listing will be updated and you will be sent a new schedule A to your contract for services.

If your application is declined in whole or in part, the Agency will write to you, advising you of the reasons for the decline, and setting out the options you may wish to pursue.

Is the procedure different if I want to apply to advance my Criminal – Proceedings Category?

No. It is exactly the same as for when you make your initial application for Criminal – Proceedings Category 1. That is, you must complete the Lead Provider Application form and provide supporting material.

Do I have to complete all parts of the application form?

Yes. If insufficient information is provided, or the application is considered to be incomplete, it will impede the progress of your application. If the Statutory Declaration has not been completed, your application will be returned to you.

If I am a barrister sole, do I have to complete the firm details panel on the application form?

Yes. Your address details are taken from this panel and even if you are practising as a barrister sole, you may choose to record your first and last name rather than initials and surname. This is the information we need to know because it will be recorded on the Provider List database and if you are paid by cheque it is the name that will be written on the cheque.

How do I get on to the duty solicitor roster?

Once you have completed the Duty Solicitor Training Programme and received your certificate of completion, you must apply for listing approval as a duty solicitor using the Lead Provider Application form.

The form should be sent to: Provider List Administration, Legal Services Agency, PO Box 5333, Wellington (DX – SX 10125) or fax (04) 495-5912.

Once you have received listing approval as a duty solicitor the Agency may place you on a roster.

At courts where duty lawyer reforms have been introduced, ie the Auckland, Waitakere, Manukau, Wellington, Lower Hutt and Porirua district courts, there are specific arrangements in place for roster entry. For further information go to www.lsa.govt.nz/lawyers/duty-lawyers.php

Changing Your Listed Provider Details

Who do I have to notify when I change employment?

When you leave your current employment and enter another practice, or go into sole practice, you need to notify Legal Services Agency Head Office. It is important that changes of employment are notified promptly so that there is no interruption to your listed provider status. You can do this by completing a Change of Details form (pdf 137kb) and a Direct Crediting form (pdf 27kb)

The forms should be sent to: Provider List Administration, Legal Services Agency, PO Box 5333, Wellington (DX – SP 22526) or fax (04) 495-5911

You will be sent confirmation when the changes have been made.

If I move firms or go into sole practice, do I retain the same provider number?

No. Providers are individually listed, however our system requires providers to be attached to a firm or practice name. That means your record cannot be moved to reside under another firm or practice name. Instead, we have to generate a new record to change your provider number and issue a new schedule to your contract. See the question: Who do I have to notify when I change employment bookmark to above answer

Who do I advise when only my address or phone number changes?

Provider List Administration at the Legal Services Agency Head Office. Changes need to be made in writing and can be mailed, faxed or emailed to:

Provider List Administration, Legal Services Agency, PO Box 5333, Wellington (DX – SP 22526)
Fax (04) 495-5911
provider@lsa.govt.nz

Who should I advise if I change my bank account number?

Changes to your bank account must be made in writing and preferably with a copy of a deposit slip which includes your new bank account number. The Agency has produced a Direct Crediting form (pdf 27kb) to assist.

If I relocate to another region, will I have to re-apply for my listings or sign a new contract?

No. Your current contract remains valid and you retain your legal aid, duty solicitor or PDLA listings, unless they are conditional on your working in a certain location e.g. if you are a Criminal – Proceedings Category 1 provider who has been granted a conditional approval to carry out PDLA work in a rural area and you are relocating to a metropolitan area from a rural town, this dispensation will not carry over.

When my Litigation Experience Level increases, what do I have to do to get it recorded so I will be paid at the correct rate?

When your experience level increases to Level 2 (4-9yrs) or Level 3 (over 9yrs), you need to apply to Legal Services Agency Head Office to increase your level, using the Litigation Experience Level form (pdf 46kb)

It is recommended that if you believe your litigation experience level is due to increase, you apply 2 weeks before as the Agency does not backdate litigation experience levels.

The form should be sent to: Provider List Administration, Legal Services Agency, PO Box 5333, Wellington (DX – SP 22526) or fax (04) 495-5911

If the increase is approved you will be sent a new schedule A to your contract.

Contract Renewal and Variation Agreement

The Agency has written to listed lawyers and other legal aid providers whose Contracts for Services (Contracts) are due to expire. All new Contracts entered or renewed from February 2010 are extended to 31 March 2012.

When do the terms of the Renewal and Variation Agreement commence?

The terms of the Renewal and Variation Agreement commence on the day after your current Contract expires.

Why have I not been offered a Renewal and Variation Agreement?

All lawyers and other legal aid providers with a current Contract will be offered a Renewal and Variation Agreement but you will not be sent one until your current Contract is due to expire.

When will I receive my offer of Renewal and Variation Agreement?

You will be sent a Renewal and Variation Agreement generally four weeks before your Contract is due to expire.

What if I am away when my Contract is due to expire?

If you know you are going to be away when your Contract expires, please email provider@lsa.govt.nz the date of your return so that the Agency can place a hold on processing until then. The Contract is your agreement with the Agency, and only you can complete and sign the Renewal and Variation Agreement.

What does the Variation in clause 10.2 mean?

Varying clause 10.2 is clarifying something that the Agency can already do under the Legal Services Act 2000 (Act) and under the current Contract.

Section 73 of the Act determines when the Agency may cancel listing approvals. Clause 9 of your current Contract mirrors these provisions and enables the Agency to cancel listings, including cancellations following the introduction of new listing criteria or any amendment to the current criteria.

Can the Agency send me a copy of my current Contract?

If you would like a copy of your current Contract, please email provider@lsa.govt.nz. Please be aware that the Agency is currently processing Contract Renewal and Variation Agreements for a large number of Contracts so there may be some delay but one will be sent to you as soon as possible.

Can I scan and email my completed Renewal and Variation Agreement?

The Agency can only accept an original completed and signed Renewal and Variation Agreement.

What happens if I do not complete and sign the Renewal and Variation Agreement?

To be a listed provider, and in accordance with the listing criteria and Act, you need a current Contract with the Agency. If you do not complete the Renewal and Variation Agreement on or before the expiry of your Contract, you will no longer have a current Contract and you will not meet the listing criteria.

Legal Services Agency Copyright 2006 Legal Statement

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