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Legal aid: fee framework for family legal aid consultation

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The Ministry of Justice is seeking views on a proposed new fee framework for payments to family legal aid lawyers.

The framework is one of several changes being made to the legal aid system in order to make it more sustainable, and improve the quality of service provided to people who are eligible for legal aid.

Under the framework, lawyers will be paid fixed fees for most family legal aid activities, along with hourly rates for attending hearings. Where complicating factors mean that the fixed fees will not be adequate, the Commissioner may approve hourly rates to replace the fixed fees.

There are differences between this framework and the criminal fixed fee framework due to take effect on 5 March.  This is the result of differences between criminal and family proceedings, generally relating to the more variable nature of family proceedings compared to criminal proceedings.

The introduction of fixed fees is intended to provide greater certainty for legally aided clients, legal aid lawyers and the government about payments for legal services. It is also intended to be more administratively efficient, and to provide a more sustainable base for legal aid.

The Ministry welcomes your views on the framework.
Please submit your written responses by close of business on 16 March 2012 to:

FamilyAndCivilLegalAid@justice.govt.nz

Or post to:

Family Legal Aid Framework Consultation
Legal Aid Services
Ministry of Justice
19 Aitken St
DX SX10125
WELLINGTON 6145

Consultation Paper: New Fee Framework for Family Legal Aid (PDF, 816KB)

New fee framework for ACC legal aid

The Ministry is also consulting on a fixed fee framework for payments to ACC legal aid providers. The consultation document is available at http://www.justice.govt.nz/services/consultation

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