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Legal aid/services – updated commentary

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Content updates

Commentary on legal aid and related services provided under the Legal Services Act 2011 has been updated in Legal Services (online ed, Thomson Reuters) on Westlaw New Zealand.

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.

By Kevin Leary

Kevin Leary is a Senior Legal Editor in the New Zealand Analytical Law team at Thomson Reuters. He has more than 20 years' experience as an editor of bound books, looseleafs, precedents and their digital equivalents.

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