21 June 2013
Criminal legal aid clarity first step towards resolution
The New Zealand Law Society says there is now some clarity in how the Ministry of Justice is managing criminal legal aid
fixed fees.
The convenor of the Law Society’s Legal Services Committee, Liz Bulger, says the Legal Services Commissioner is
replacing the Criminal Fixed Fees and Complex Cases Policy and Procedures with Guidelines on Criminal Fixed Fees and
Complex Cases.
“These guidelines are only an interim solution and provide much-awaited clarification on how the ministry proposes to
pay criminal defence lawyers following the Court of Appeal decision in Criminal Bar Association Inc v Attorney-General,” she says.
“We see this as just the first step towards resolving the issues around the Fixed Fees Policy. All criminal legal aid
lawyers have been in limbo since the court decision. While these interim guidelines will at least provide some clarity
on when and how legal aid payments to criminal defence lawyers can be amended, the onus is still on the ministry to
provide a permanent and acceptable go-forward solution.
“We look forward to seeing the final report from the substantive review of Criminal Fixed Fees. We understand this will
be later in the year.”
ENDS