Legal Aid Information
(NEW ZEALAND)
If you are facing an investigation and/or prosecution for Serious or Major Fraud or any other Serious Criminal case you may qualify for Legal Aid and be permitted to choose your own lawyer. We are happy to act as your preferred lawyer. Please read below the exceptions to the Legal Aid rostering rules or alternatively contact us for further advice if you are unsure as to whether you qualify to choose your lawyer on legal aid. We will be happy to advise you.
INFORMATION ON LEGAL AID CHOICE OF COUNSEL POSSIBILITIES:
The Legal Aid System is now a rostered electronic system. It is not possible to have choice of counsel on most occassions now when applying for legal assistance.
You will be allocated a lawyer that is not of your choice on acceptance of your application. We do not agree with this as we believe it is everyones right to choose their lawyer. However there are exceptions to these rules and we do a lot of serious fraud cases and high cost complex cases as we have the expertise and knowledge to defend them that many other lawyers don't.
These are the exceptions of the roster/ no choice of counsel rules as taken from www.justice.govt.nz:
What are the exceptions to rotational case assignment?
Open cases: when a client has matters before the court (even if they have been charged with unrelated offences) then the new matters will usually be assigned to the existing provider so that the client has continuity of representation (the most common exception to the rotational policy).
Urgent matters that can't be dealt with by a duty lawyer, (e.g a serious opposed bail application). The assignment will be made to a legal aid provider that is available to attend court.
Holding charges are filed that require a PAL1 or 2 provider, but more serious charges are imminent: the policy for cases requiring PAL 3 and 4 providers applies and clients may nominate a preferred provider.
Mental Health or Intellectual Disability Compulsory Care (and Rehabilitation) Act: if the client has been subject to either of these Acts within the last three months then a lawyer with the appropriate listing categorisation may be assigned.
Police Detention Legal Assistance (PDLA): when a legal aid provider delivers a service to a legal aid client under the PDLA scheme outside usual working hours, that provider may be assigned.
Court of Appeal, Supreme Court or parole applications: clients can nominate a preferred provider.
High Cost Cases - Have choice of Counsell
Inclusion criteria
1. Grants may be placed under the HCC framework either from the outset, or after a grant of aid has been approved. Once placed under this management system, the grant will remain there until the case has been concluded.
2. Grants will be automatically placed under HCC (where no plea or a not guilty plea has been indicated) if the case relates to one of the following matters:
2.1. homicide offences (including charges of Infanticide) – s158-181 Crimes Act 1961
2.2. serious fraud offences – being all cases involving prosecution by the Serious Fraud Office, or other fraud offences which are likely to cost in excess of $30,000 (excluding GST)
2.3. class A drugs offences where the case is a principle target of a Police Operation
2.4. sexual violation cases where more than two complainants allege a sexual violation offence against the aided person
2.5. criminal compensation matters relating to wrongful imprisonment/ applications to the Governor General to exercise the Prerogative of Mercy – s406 Crimes Act 1961
2.6. retrial matters and/or appeal matters where the original grant of aid was managed under the HCC framework.
3. Grants may be placed under HCC if the following characteristics are present:
3.1. the lead provider indicates that individual overall case cost is likely to exceed $30,000 (excluding GST)
3.2. Legal Aid Services determines that the individual case cost is likely to exceed $30,000 (excluding GST)
3.3. the case is likely to generate intense public interest or scrutiny based upon the nature of the criminal charges faced or defence to be raised, whereby inclusion will be considered on an individual basis for inclusion where appropriate. Such decisions will be made on an assessment of the specific facts of the case, and law which applies in each instance, with direct dialogue taking place with the lead provider
3.4. cases where an associated case has been placed under HCC. However, minor players’ in a Police operation will be bundled with the operation and dealt with by the HCC grants officer, but as a fixed fee or complex case as appropriate. This has been done to ensure consistency.
4. In addition, there will be occasions where either counsel or Legal Aid Services considers that upon the individual facts of the case that transfer into HCC is appropriate – such decisions will be based upon the complexity of the facts and the law applying in each instance.
Please email below if you have any questions: