News
Payment of certified invoices will be fortnightly
New legal aid forms available end of March
Criminal Procedure (Simplification) Project – tests at Tauranga District Court and Manukau District Court
Section 36A Legal Services Amendment Act
Changes to civil proceedings steps
New rates and revised criminal steps
Media contact
Payment of certified invoices will be fortnightly
The Agency is moving to a fortnightly payment cycle in April and certified invoices will be paid every second Thursday. Certified invoices are currently paid to lawyers and other legal aid providers by direct credit on a Thursday every week. The final weekly payment cycle will be 8 April 2010 and the new fortnightly cycle will begin on 22 April 2010. This change is one of the administrative efficiency gains the Agency is making and brings legal aid payment cycles in line with all other payment cycles made by the Agency and common business practice.
Fortnightly payments do not affect the frequency for invoicing: all lawyers and other legal aid providers are asked to invoice either at the end of a particular stage of the case, or at the end of the proceedings as appropriate. Grants staff will continue to process invoices as usual. Clients will not be affected by this change.
For any queries directly related to a specific grant or invoice, please contact your local legal aid office and for general payment queries, please email finance@lsa.govt.nz.
New legal aid forms available end of March
Minor changes have been made to Tax Invoices and Amendment to Grant forms for civil and criminal legal aid. Changes to the forms have been necessary in order to ensure that we are collecting the exact information that we need before we move to our legal aid computer system, LSMS. The processing of tax invoices and amendments to grant will focus on hours claimed rather than a monetary figure. For both amendments and invoices, all legal aid providers will need to detail the step number (and/or activity) and hours required or spent on that activity.
The new forms will be available for use from 29 March 2010, with existing forms to be accepted until 1 July 2010. Word templates and pdf documents will be on the Agency website in the Forms section from 29 March 2010.
Criminal Procedure (Simplification) Project – tests at Tauranga District Court and Manukau District Court
The Law Commission and Ministry of Justice have been developing new processes for the summary court jurisdiction as part of the Criminal Procedure (Simplification) Project. This project has two objectives: to reduce unnecessary court delays and to create a more accessible and simplified criminal procedure. The support of counsel and other justice sector agencies in improving case management processes and removing the reliance on court based events to progress cases is key in achieving these objectives.
Testing of the processes began in both Manukau and Tauranga District Courts on 1 July 2008. A comprehensive review was undertaken after six months, and feedback was sought from all participants, including counsel. Based on this feedback, refinements have been made to the proposed case management processes, including simplifying the Case Management Memorandum form.
Simplification testing resumed at Tauranga District Court from 8 March and will resume at Manukau District Court from 22 March 2010. To support this, new proceedings steps for summary matters included in the test have been introduced by the Legal Services Agency. These steps will replace the Summary Jurisdiction (June 2009) proceedings steps for all cases included in testing from 8 March.
For any further information relating to testing of the summary court process in the Tauranga District Court please email cmm.tauranga@justice.govt.nz. For information relating to legal aid payments and proceeding steps please email sue.mcewen@lsa.govt.nz.
For any further information relating to testing of the summary court process in the Manukau District Court please email cmm.manukau@justice.govt.nz. For information relating to legal aid payments and proceeding steps please email coral.earl@lsa.govt.nz.
Section 36A Legal Services Amendment Act
Previously the Agency was only able to write off a legally aided person’s debt once a final repayment was calculated at the end of the case. Section 36A means that the Agency will be able to make a decision not to recover a debt at any stage during the life of a grant. This legislation aims to give legally aided people more certainty at an earlier stage about whether or not they have to repay their debt.
The Agency is able to make a decision on the non-recovery of a debt if it is satisfied that at least one of the criteria set out in section 36A(1) applies:
- Enforcing the debt would cause serious hardship to the aided person, or
- The cost to the Agency to enforce the debt is likely to exceed the amount of the debt that is likely to be repaid, or
- It would be ‘just and equitable’ not to recover the debt.
Either an applicant or their lawyer can submit an application for non-recovery of debt at any stage during the life of the grant, including with the original application for legal aid. The Agency will let the applicant know if further information is needed to make a decision, or whether their application has been successful or not. If the application is unsuccessful, the person receiving legal aid is still able to make an application for a write off at the end of the case. Even if an application is not made, the Agency is still able to make a decision not to recover a debt when the circumstances make it clear that at least one of the above criteria applies to a particular case. Note that a decision on the non-recovery of debt from a legally aided person does not include any proceeds of proceedings. If a legally aided person receives proceeds from their case, they may need to make a final repayment towards the costs of services.
Victims of Crime
Before the Amendment Act, victims of crime were subject to the standard financial eligibility and repayment conditions associated with the granting of legal aid. The Amendment Act is intended to ease their financial burden. Victims of crime who wish to attend a Parole Board hearing or a Coronial inquest will not be subject to financial eligibility testing for the grant of legal aid for these proceedings. Further, any grants made to victims attending these proceedings will not have to be paid back.
There is also a further change in the Amendment Act concerning financial eligibility and repayment conditions. Prior to the Amendment Act, an Act of Parliament was needed to add to the existing exemptions from the financial eligibility and repayment conditions. The Amendment Act provides for unforeseen circumstances where a class of persons or proceedings can be exempted from financial eligibility testing or repayment conditions by an order in council. As yet, no persons or proceedings have been exempted under this new regulation making power.
You can see the full legislation here.
Changes to civil proceedings steps
From 1 November 2009, following the introduction of the District Court Rules 2009, additional civil proceedings steps will be available for civil proceedings in the District Court. Please click here for the proceedings steps.
New rates and revised criminal steps
The Agency recently announced two major changes for lawyers and other legal aid providers – the revision of the Agency’s criminal proceedings steps and changes to the rates of payment (rates) to legal aid lawyers and other listed providers (providers).
The new steps took effect from 29 June 2009, and the new rates from 1 July 2009. The new steps and rates may require providers to manage up to four sets of rates for a period of time depending on the type of work undertaken.
We suggest that to make it easier to manage the transition period you:
- bill promptly for work up to and including the 28 June 2009 under the old criminal steps and old rates
- bill promptly for work between 29 June 2009 and 30 June 2009 under the new criminal steps and old rates
- ensure that invoicing software or billing templates are changed to accommodate the new rate structure from 1 July 2009.
Please click here for the new steps and rates and here to download the updated Word templates package.
For work completed prior to 1 July 2009 you may use the old rates (also included below)
Criminal Proceedings Rates
Special Rates
Family/Civil Proceedings Rates
Criminal Proceedings Rates (Guideline Hourly Rates – GHRs)
The following rates are applied in the determination of maximum grants and invoicing for legal aid services in proceedings for criminal matters [Legal Services Act 2000 s6].
Rates (Effective from 1 July 2009)
NB: All rates are GST inclusive Level of experience
| Proceedings Category (see below for full explanation of categories) |
Other ($/hr) |
Level 1 ($/hr) |
Level 2 ($/hr) |
Level 3 ($/hr) |
| PC1 - DC/HC: non jury trials | 103 | 108 | 119 | |
| PC2 - DC/HC: jury trials, sentence <10yrs | 108 | 135 | 140 | |
| PC3 - DC/HC: jury trials, sentence >10yrs | 130 | 140 | 151 | |
| PC4 - DC/HC: jury trials, life imprisonment | 146 | 162 | 179 | |
| Court of Appeal/Supreme Court | 146 | 162 | 179 | |
| Travel time | 54 | 65 | 76 | |
| Qualified legal executives | 92 | |||
| Non qualified legal executives/para-legals | 81 | |||
| Law clerks | 81 |
Old Rates (Effective up to 30 June 2009)
NB: All rates are GST inclusive Level of experience
| Proceedings Category (see below for full explanation of categories) |
Other ($/hr) |
Level 1 ($/hr) |
Level 2 ($/hr) |
Level 3 ($/hr) |
| PC1 - DC/HC: non jury trials | 105 | 110 | 121 | |
| PC2 - DC/HC: jury trials, sentence <10yrs | 110 | 138 | 143 | |
| PC3 - DC/HC: jury trials, sentence >10yrs | 132 | 143 | 154 | |
| PC4 - DC/HC: jury trials, life imprisonment | 149 | 165 | 182 | |
| Court of Appeal/Supreme Court | 149 | 165 | 182 | |
| Travel time | 55 | 66 | 77 | |
| Qualified legal executives | 94 | |||
| Non qualified legal executives/para-legals | 83 | |||
| Law clerks | 83 |
Proceedings categories (PC)
| PC 1 | • Proceedings in a District Court or the High Court (other than a jury trial or preliminary hearing of an offence) • proceedings transferred to a Youth Court (other than the preliminary hearing of an offence) |
| PC 2 | • trials or indictment before a jury or before a Judge alone, following an application under Section 361B of the Crimes Act 1961 (including the preliminary hearing of the offence) where the most serious charge carries a maximum penalty of not more than ten years imprisonment • proceedings before, and appeals to, the New Zealand Parole Board |
| PC 3 | • trials or indictment before a jury or before a Judge alone, following an application under Section 361B of the Crimes Act 1961 (including the preliminary hearing of an offence) where the most serious charge carries a maximum penalty of more than ten years’ imprisonment (other than life imprisonment or where the aided person if convicted is liable to preventive detention) or where the aided person is likely to face cumulative sentences of more than 10 years imprisonment. (The matter becomes a Proceedings Category Four at that stage). |
| PC 4 | • trials or indictment before a jury or before a Judge alone, (including the preliminary hearing of an offence) where any charge carries a maximum penalty of life imprisonment or where the aided person, if convicted, is liable to face a sentence of preventive detention. |
Level of experience (Level)
Level 1 • A person with up to 4 complete years of litigation experience
Level 2 • A person with at least 4 and up to 9 complete years of litigation experience
Level 3 • A person with at least 9 complete years of litigation experience
Fixed Fees
The following fixed fees have been established for Steps within criminal proceedings:
NB: All fixed fees are GST inclusive.
(Effective from 1 July 2008)
| Step | Activity | Fixed Fee |
| Summary Offences (Step 1) |
Guilty Pleas entered in District Court - single appearance, matter dealt with same day - single appearance, stand down report prepared - two or more appearances |
$248 |
| Summary Offences (Step 4) |
Status hearings - change of plea to guilty, after prep, before hearing |
$440 |
| Summary Offences (Step 6) |
Sentencing in the District Court– preparation and hearing time | To maximum of $330 |
| Summary Offences (Step 6) |
Sentencing in the High Court– preparation and hearing time | To maximum of $495 |
| Summary Offences (Step 8) |
Appeal to High Court against Sentence – preparation and hearing time | To maximum of $413 |
| Summary Offences (Step 8) |
Appeal to High Court against Conviction – hearing time | To maximum of $550 |
| Summary Offences (Step 8) |
Appeal to High Court against Conviction and Sentence – hearing time | To maximum of $550 |
Special Rates
Special rates have been established by the Agency for the following schemes:
NB: All special rates are GST inclusive
Police Detention Legal Assistance (PDLA) Scheme
Rates (Effective from 1 July 2008)
| Activity | Coverage | Rate |
| Telephone attendance | Day or Night (24/7) | $39/call |
| Attendance in person | Day – 0800 to 1900hrs, Monday to Thursday Day – 0800 to 1700hrs, Friday, Saturday, Sunday, Public Holidays |
$110/hour ($55/half hour or part thereof) |
| Attendance in person | Night – 1900 to 0800hrs, Monday to Thursday Night - 1700 to 0800hrs, Friday, Saturday, Sunday, Public Holidays |
$166/hour ($83/half hour or part thereof) |
Duty Solicitor Legal Aid Scheme
(Effective from 1 July 2008)
| Activity | Coverage | Rate |
| Attendance at Court | Weekday | $99/hour |
| Attendance at Court | Saturday, Sunday, Public Holiday | $121/hour |
Other Fixed Fees/Special Rates
Rates (Effective from 1 July 2008)
Other fixed fees/special rates have been established by the Agency for the following functions:
NB: All special rates are GST inclusive
| Function | Fixed Fee/Rate |
| LARP Review | $220 per review |
Family/Civil Proceedings Rates (Guideline Hourly Rates – GHRs)
The following rates are applied in the determination of maximum grants and invoicing for legal aid services in proceedings for family/civil matters [Legal Services Act 2000 s6]
Rates (Effective from 1 July 2009)
NB: All rates are GST inclusive Level of experience
| Proceedings Category (see below for full explanation of categories) |
Other ($/hr) |
Level 1 ($/hr) |
Level 2 ($/hr) |
Level 3 ($/hr) |
| FC1 (Other tribunal/judicial authority) | 103 | 130 | 140 | |
| FC2 (Family Court, District Court, …) | 119 | 135 | 151 | |
| FC3 (High Court) | 135 | 151 | 168 | |
| FC4 (Court of Appeal/Supreme Court) | 146 | 162 | 179 | |
| Travel time | 54 | 65 | 76 | |
| Employment advocates | 92 | |||
| Qualified legal executives | 92 | |||
| Non qualified legal executives/para-legals | 81 | |||
| Law clerks | 81 |
Old Rates (Effective up to 30 June 2009)
NB: All rates are GST inclusive Level of experience
| Proceedings Category (see below for full explanation of categories) |
Other ($/hr) |
Level 1 ($/hr) |
Level 2 ($/hr) |
Level 3 ($/hr) |
| FC1 (Other tribunal/judicial authority) | 105 | 132 | 143 | |
| FC2 (Family Court, District Court, …) | 121 | 138 | 154 | |
| FC3 (High Court) | 138 | 154 | 171 | |
| FC4 (Court of Appeal/Supreme Court) | 149 | 165 | 182 | |
| Travel time | 55 | 66 | 77 | |
| Employment advocates | 94 | |||
| Qualified legal executives | 94 | |||
| Non qualified legal executives/para-legals | 83 | |||
| Law clerks | 83 |
Forum categories (FC)
| FC 1 | • Any tribunal or judicial authority not included in any other category |
| FC 2 | • Family Court, District Court (including any mental health hearing before a District Court judge), Environment Court, Employment Court, Maori Land Court |
| FC 3 | • High Court, Maori Appellate Court, Waitangi Tribunal. |
| FC 4 | • Court of Appeal and Supreme Court. |
Level of experience (Level)
Level 1 • A person with up to 4 complete years of litigation experience
Level 2 • A person with at least 4 and up to 9 complete years of litigation experience
Level 3 • A person with at least 9 complete years of litigation experience
Other Fixed Fees/Special Rates
Other fixed fees/special rates have been established for the following services:
NB: All special rates are GST inclusive
Fixed Fees/Special Rates (Effective from 1 July 2008)
| Function | Fixed Fee/Rate |
| LARP Review | $220 per review |
| Private Mediation | $160/hour |
Media Contact
Bronwyn Bannister
Senior Communications Adviser
Legal Services Agency
04 4955 967 or 027 688 7312
