Fawcett v Legal Services Commissioner [2022] NZHC 3366

(13 December 2022, 24 pp, Churchman J)

This was an appeal from a Legal Aid Tribunal decision that had confirmed a refusal to grant a criminal legal aid amendment re administration of the legal aid grant. As described by the High Court:

“[2] The sole issue on appeal is whether legal aid administration falls within the definition of ‘legal services’ in s 4 of the Act. Particularly, whether that definition includes the time spent by a provider interacting with the Commissioner, submitting applications for amendments to grants, and submitting invoices.”

The appeal was allowed (though not all declarations sought were made), with the matter remitted to the Commissioner to reconsider in light of this judgment.

Griggs v Legal Services Commissioner [2022] NZHC 3001

(16 November 2022, 13 pp, Churchman J)

This was a successful appeal from a Legal Aid Tribunal decision that had confirmed a refusal to grant legal aid under s 47 of the Legal Services Act 2011 (Applications in respect of proceedings before Waitangi Tribunal) for senior court proceedings (judicial review and appeal) arising from Waitangi Tribunal proceedings. The High Court noted (at [2]): “The sole issue in this matter is the proper interpretation of s 47.” The appeal was allowed, with the matter remitted to the Commissioner for determination in light of this decision.

These cases have been noted at various locations in Legal Services on Westlaw New Zealand. See Legal Services — What's New for further information.