Parliament

Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 

Legal aid fixed fees decision appealed

Hon Judith Collins
Minister of Justice

27 May 2013

Legal aid fixed fees decision appealed

Justice Minister Judith Collins says leave to appeal the recent Court of Appeal decision that the process for implementing the fixed fees policy for criminal legal aid payments was unlawful has been filed in the Supreme Court.

“I am pleased the Court of Appeal found the fixed fees policy in itself is not unreasonable and that cutting the spiralling costs of legal aid is a lawful purpose of the Legal Services Act 2011,” Ms Collins says.

“Although the Court found the process of implementing the policy unlawful, and that it unreasonably restricts the Legal Services Commissioner’s discretion, it rejected that the policy is unlawful in any other respect. Previously, the High Court had dismissed the Criminal Bar Association’s arguments.

“The Court of Appeal has reserved its decision on a remedy, and the Criminal Bar Association did not seek one. So, unfortunately pending clarification from the Court, or the outcome of an appeal, we have been left without a clear way forward.

“It is not in the public interest to stop processing legal aid applications – there are approximately 1215 applications per week. So, the Crown has today applied for leave to appeal to the Supreme Court to quash the Court of Appeal’s decision.”

The Crown has also advised the Court of Appeal that it intends to continue with the status quo until a final determination is made.

“We can’t simply freeze legal aid applications and payments pending the outcome of the appeal, and it’s utterly impractical to immediately revert to the previous framework,” Ms Collins says.

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Back Again: Government Approves TPP11 Mandate

The Government has approved a negotiating mandate for Trans-Pacific Partnership 11 (TPP11), which will ensure New Zealand businesses remain competitive in overseas markets.

Trade Minister Todd McClay says New Zealand will be pushing for the minimal number of changes possible to the original TPP agreement, something that the remaining TPP11 countries have agreed on. More>>

ALSO:

.

 
 

Gordon Campbell: On Why Labour Isn’t Responsible For Barnaby Joyce

As a desperate Turnbull government tries to treat the Barnaby Joyce affair as a Pauline Hanson fever dream – blame it on the foreigners! We’re the victims of the dastardly New Zealand Labour Party! – our own government has chosen to further that narrative, and make itself an accomplice. More>>

ALSO:

Rail: Greens Back Tauranga – Hamilton – Auckland Service

The Green Party today announced that it will trial a passenger rail service between Auckland, Hamilton and Tauranga starting in 2019, when it is in government. More>>

ALSO:

Housing: Voluntary Rental Warrant Of Fitness For Wellington

Wellington City Council is partnering with the University of Otago, Wellington, to launch a voluntary Rental Warrant of Fitness for minimum housing standards in Wellington, Mayor Justin Lester has announced. More>>

ALSO:

Treaty: Agreement In Principle Signed With Moriori

“The Crown acknowledges Moriori was left virtually landless from 1870, hindering its cultural, social and economic development. The Crown also acknowledges its contribution to the myths that the people of Moriori were racially inferior and became extinct." More>>

ALSO:

Susan Devoy: Call For Inquiry Into State Abuse Reaches UN

Race Relations Commissioner Dame Susan Devoy is in Geneva and has asked a United Nations committee to urge the New Zealand government to initiate an inquiry into the physical and sexual abuse of children and disabled people held in state institutions. More>>

ALSO:

(Not National): Cross-Party Agreement On Pike River Re-Entry

The commitment was signed this afternoon by the leaders of Labour, United Future, The Maori Party, and the Green Party and, together with the earlier commitment by New Zealand First, means that there is now a Parliamentary majority behind the families’ fight for truth and justice. More>>

ALSO:

Earlier:

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election