News
New rates and revised criminal steps
Media contact
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
