Legal aid/services – updated commentary
Content updates
Commentary on recent cases:
- Borodin v ABEC Construction Ltd [2024] NZERA 286 – Costs in favour of aided person – Award like (but not) indemnity costs: [LA45.13(2)]
- Cheng v Prison Director, Auckland South Corrections Facility (Serco) [2024] NZHC 1235 – Security for costs – Original proceedings in High Court: [LA45.15(1)(b)]
- Faleseione v R [2024] NZHC 1059 – Costs in criminal cases – Award to defendant: [LA45.17(2)(b)]
- Gordon v Quinn [2024] NZHC 857 – Security for costs – High Court appeals: [LA45.15(3)]
- Mosqueira v Garate [2024] NZHC 1167 – Costs in favour of aided person – Indemnity costs: [LA45.13(3)(b)]
- PG v WA [2024] NZLCRO 58 – Commissioner to be notified of change in circumstances – Change of address: [LA25.01]
- Professional Conduct Committee v Smart HPDT 1363/Nur22/565P, 2 February 2024 – Provider in civil proceedings to notify other parties – Effect of non-compliance with s 24: [LA24.04(1)]
- R v Cao [2024] NZHC 1287 – Legal aid disbursements – Interpreter/translator assistance in criminal cases: [LA4.17.06(2)], [LA8.09(4)], [LA106.04]
- RQ v OM [2024] NZLCRO 9 – Complaints and discipline involving legal aid providers – Interplay between Legal Services Act 2011 and Lawyers and Conveyancers Act 2006: [LA81.02(1)]
- Watts v Austin [2024] NZHC 1446 – Liability of aided person for costs – When s 45 applies: [LA45.05(3)], [LA45.05(6)]
Other commentary paragraphs updated:
- [LA3.02(4)(b)] Access to justice post-Budget 2022 – Legal profession’s view
- [LA4.17.04(2)] Legal aid administrative work
- [LA7.10] Environment Court proceedings – s 7(1)(o)
- [LA30.08(1)] Discretionary withdrawal/amendment of grant – s 30(2)
- [LA30.09(1)] Sections 10–13 considerations – s 30(2)(a)
- [LA31.02(3)] Reasonable opportunity to make submissions on intended withdrawal – s 31(2)(b)
- [LA31.03(4)] Reasons for withdrawal – s 31(3)(b)
- [LA32.03(1)] Payment of pre-withdrawal services – s 32(1)(c)
- [LA99.06A] Disbursements relating to reports or statements under s 27 of the Sentencing Act (a.k.a. cultural reports) – s 99(4)(ca)
- [LA99.08] Payment for legal aid administration
Links to the updated commentary (and the cases) are provided on the Legal Services — What’s New page.
In addition, the Current Awareness: Legal Aid and Related Services page provides links to recent news items and other developments.
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