20 July 2026
Paul White
Email: [FYI request #34967 email]
Our ref: OIA 133851
Tēnā koe Paul.
Official Information Act request: Public Defence Service policies
Thank you for your email of 25 June 2026 requesting, under the Official Information Act
1982 (the Act), information relating to Public Defence Service (PDS) policies.
Specifically, you requested:
I would like to request a copy of all the Public Defence Service policies on providing
representation and defending a legally aided client, including the cost of obtaining
an independent expert witness.
In response to your request, the Public Defence Service has identified the following
documents as relevant to the provision of legal representation and defence services for
legally aided clients:
• PDS Code of Conduct for Lawyers;
• PDS Conflicts of Interest Policy;
• PDS Disclosure Guidelines
• PDS Expert Expenditure Process Guidelines;
• PDS Non-Expert Witnesses – Travel Costs
• PDS EVI Policy;
• PDS Court of Appeal and Supreme Court Appeals Guidelines;
• PDS Appeals Process;
• PDS Approvals Policy;
• PDS Complaints Management Policy;
• PDS Fixed Fee Policy.
Copies of these documents are attached.
These documents set out the standards, obligations and operating procedures that apply
to PDS lawyers when acting for legally aided clients, including duties owed to clients and
the Court, lawyer approval and competency requirements, management of conflicts of
interest, disclosure obligations, handling of evidential material, engagement of expert
witnesses, witness-related expenditure, appeal processes, allocation of appellate counsel,
complaints management processes, and the delivery of legal aid services within the PDS
framework.
In relation specifically to the cost of obtaining an independent expert witness, the PDS
Expert Expenditure Process Guidelines set out the process for determining whether expert
National Office | 19 Aitken Street |
DX SX10088 | WELLINGTON
W: www.pds.govt.nz
2.
evidence is required, selecting experts, obtaining quotations, approving expenditure, and
engaging experts in legally aided matters. The attached Non-Expert Witnesses – Travel
Costs guidance also addresses circumstances in which PDS may approve expenditure
associated with defence witnesses
Please note that this response, with your personal details removed, may be published on
the Ministry website at
: justice.govt.nz/about/official-information-act-requests/oia-
responses/.
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Of ice of the Ombudsman may be
contacted by email to [email address] or by phone on 0800 802 602.
Yours sincerely
Peter Hutchinson
Director, Public Defence Service
