Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
19 September 2022
I Brown
[FYI request #20294 email]
Our ref: OIA 98582
Tēnā koe I Brown
Official Information Act request: Legal aid rates
Thank you for your email of 19 August 2022, requesting, under the Official Information Act
1982 (the Act), information on legal aid rates. Specifically, you requested:
1. What was the duty solicitor/lawyer hourly fee rate, excluding GST, for each of the
years 1995, 2000, 2005, 2010, 2015, and 2020;
2. What were the respective Legal Services Agency criminal hourly fee rates,
excluding GST, at each litigation experience level, for each of PC 1, PC 2, PC 3,
and PC 4, for the years 1995, 2000, 2005, and 2010; and
3. What were the respective Legal Services Agency criminal hourly hearing time fee
rates, excluding GST, at each litigation experience level, for each of PC 1, PC 2,
PC 3, and PC 4, for the years 1995, 2000, 2005, and 2010; and
4. What was the Legal Services Agency criminal travel time hourly fee rate,
excluding GST, for each of the years 1995, 2000, 2005, and 2010.
5. Please provide a copy of the LSA schedules of criminal case preparation time
allowances for both summary and jury jurisdictions that applied in the years 1995,
2000, and 2005.
Pursuant to section 15(1) of the Act, we have made the decision to grant parts 1, 2 and 4 of
your request. We wil endeavour to provide you with this information as soon as it is
available and without undue delay. I apologise for any inconvenience this delay may cause
you.
Regarding part 3, the Ministry of Justice (the Ministry) does not hold data in relation to your
request for criminal hourly hearing time fee rates, excluding GST, at each litigation
experience level prior to 2012. Your request is therefore refused under section 18(e) of the
Act, as the information does not exist.
Prior to 2012, there were no set fees for hearing time for legal aid, as providers were able to
claim hearing time at their hourly rate. The amount of hearing time a provider could claim
was determined by whether it was reasonable for the work undertaken.
Regarding part 5, prior to 2011, the LSA schedules were administered by other agencies.
Legal aid was administered by the Legal Aid Board from 1991 to 2001, and the Legal
Services Agency from 2001 to 2011. The Ministry started administering legal aid from 2011
onwards.
Although we have been able to locate some of the requested information prior to 2011, we
have been unable to locate a copy of the Agency’s schedules of criminal case preparation
time allowances. Therefore, this request is refused under section 18(e) and (g)(i) of the Act,
as the information is not held by the Ministry, and despite reasonable efforts, cannot be
found.
You have the right to complain to the Ombudsman about this decision under section 28(3) of
the Act. The Ombudsman may be contacted by email at [email address].
Nāku noa, nā
Jenna Bottcher Hansen
Manager, Ministerial Relations and Services
