Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
8 January 2024
John Luke
[FYI request #24914 email]>
Ref: OIA 108327
Tēnā koe John
Official Information Act request: Legal aid providers
Thank you for your email of 28 November 2023, to the Ministry of Justice (the Ministry)
requesting, under the Of icial Information Act 1982 (the Act) information regarding legal aid
providers. Specifically, you requested:
May I ask how you called for public nomination and on what platform you have call for
public nominations most recently, e.g. govt.jobs website. Also, how many applications
you have received and how many you have shortlisted and interviewed. Also, can you
please supply the term of appointment and member's pay rate. What stage is this
currently at?
Your request has been referred to me for response, as it falls within my responsibilities as
Group Manager, National Service Delivery and is being managed in accordance with the
provisions of the Act.
The Alcohol and Other Drug Treatment Court (AODTC) is aimed at defendants whose
offending is driven by alcohol or drug dependency and are facing an imprisonment term of
up to three years. It is a specialist court which operates under general jurisdiction.
The AODTC has a dedicated Legal Services Team. Lawyers in the AODTC Legal Services
Team must hold a duty lawyer approval and a minimum criminal Provider Approval Level
PAL 1 (at least 12 months of recent experience in criminal law practice and have appeared
as counsel with substantial and active involvement in at least 3 trials in criminal
proceedings). They must also have Experience Level 2 legal aid approval (between 4 and 9
complete years of litigation experience).
An Expression of Interest (EOI) opened on 11 July 2023 with an opportunity for lawyers to
be considered for the AODTC roster in Auckland, Waitākere, and Hamilton. This EOI closed
on 18 July 2023 and was only open to legal aid lawyers with the minimum requirements
above. Further information regarding the AODTC and their functions can be found on the
Ministry of Justice website: justice.govt.nz/courts/criminal/specialist-courts/alcohol-and-
other-drug-treatment-court/
The EOI was not advertised on the NZ Government Jobs website or any other job
advertising website because lawyers that provide legal aid services to the courts are not
employed by the Ministry. Rather, lawyers apply for provider contracts with the Ministry to
have the appropriate legal aid and duty lawyer approvals.
The EOI was emailed on 11 July 2023 from the Manager of Legal Aid Grants to law societies
with an interest in the criminal jurisdiction, and lawyers that practice criminal defence with
duty lawyer approval. The same information was published in a “What’s New for lawyers that
provide legal aid” article published on 12 July 2023, which you have referred to in your
request. These articles are a way to communicate news, updates and information to lawyers
that also provide legal aid. The articles are emailed to all legal aid providers and are publicly
published on the Ministry website: justice.govt.nz/about/lawyers-and-service-providers/legal-
aid-lawyers/whats-new/
Following the EOI, Legal Aid Services received 12 applications. Of those 12 applications, 10
were shortlisted and 2 became AODTC approved. Legal Aid Services did not conduct any
interviews, rather the applications were considered via a paper-based assessment. The
assessment considered therapeutic experience, previous AODTC or specialist court work
and any other information provided. These assessments were considered by a panel made
up of Team Leaders of the AODTC and Pou Oranga (cultural advisors).
Duty lawyer and legal aid lawyer policies and contracts are applicable to lawyers in the
AODTC. The AODTC operational policy, including term of appointment, is publicly available
on the Ministry website: justice.govt.nz/assets/Documents/Publications/AODT-Court-
Operational-Policy-update-2023-v2.pdf.
The rate for legal aid lawyers working in the AODTC at the time of the EOI was $98.00 per
hour (GST excl). The rate was increased to $108.00 per hour (GST excl) from 1 August
2023.
If you require any further information, please contact Media & Social Media Manager Joe
Locke at [email address].
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 Office of the Ombudsman may be
contacted by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Tracey Baguley
Group Manager, National Service Delivery
