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Legal Services Act 2011

Schedule 3: Further provisions that apply to Legal Aid Tribunal, selection committees, performance review committee, and Review Authority

You could also call this:

"Rules for Legal Aid Decision-Makers"

Illustration for Legal Services Act 2011

You are part of a team that helps make decisions about legal aid. The Legal Aid Tribunal is a group that makes these decisions. Each member of the Tribunal can be in the role for up to 5 years. You will be paid for your work and can get money back for travel costs. You must do your job honestly and without bias. If you do something wrong on purpose, you can be held responsible. The Review Authority is another group that helps with legal aid decisions. They work independently and make their own decisions. They also get paid for their work and can get money back for travel costs. The Ministry of Justice helps both the Tribunal and the Review Authority with resources and support. This helps them do their jobs efficiently and achieve the goals of the Legal Services Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3143036.

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Schedule 2: Specified enactments, or

"Laws about families and social issues"

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Schedule 4: Consequential amendments, or

"Changes to other laws because of the Legal Services Act 2011"

3Further provisions that apply to Legal Aid Tribunal, selection committees, performance review committee, and Review Authority Empowered by ss 66, 67, 80, 87

1Further provisions that apply to Legal Aid Tribunal

1Term of appointment and reappointment of members

  1. The term of office of a member of the Tribunal must not exceed 5 years.

  2. A member of the Tribunal may be reappointed.

Notes
  • Schedule 3 clause 1(1): amended, on , by section 152(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

2Oath of office

  1. Before performing his or her functions as a member of the Tribunal, each member of the Tribunal must swear or affirm before a Judge of the High Court that the member will faithfully and impartially perform his or her duties as a member of the Tribunal.

3Continuation of term of office

  1. A member continues in office despite the expiry of his or her term of office until—

  2. the member is reappointed; or
    1. the member’s successor is appointed; or
      1. the Governor-General informs the member by written notice (with a copy to the chairperson) that the member is not to be reappointed and no successor is to be appointed at that time; or
        1. the member vacates office under clause 7.

          1. A member who continues in office for any period under subclause (1) may (unless he or she is removed from office) act as a member during that period for the purpose of—

          2. completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
            1. hearing any other proceedings.

              1. A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.

              Notes
              • Schedule 3 clause 3(2): inserted, on , by section 152(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
              • Schedule 3 clause 3(3): inserted, on , by section 152(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

              4Remuneration of members of Tribunal

              1. The members of the Tribunal are entitled—

              2. to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
                1. in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.

                  1. For the purposes of subclause (1), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

                  5Tribunal serviced by Ministry of Justice

                  1. The Tribunal is to be serviced by employees of the Ministry, and the Ministry must provide the resources and administrative support necessary to enable the Tribunal to perform its functions.

                  6Liability of Tribunal

                  1. The Tribunal and members, officers, or agents of the Tribunal are not under any criminal or civil liability in respect of—

                  2. any act done or omitted in the course of the performance or exercise, or intended performance or exercise, of any of its functions, duties, or powers under this Act; or
                    1. any words spoken or written at, or in connection with, any review, determination, or direction to reconsider under this Act.

                      1. This clause does not exclude the liability of any person for anything done or omitted in bad faith.

                      2. In this clause, officers includes employees of the Ministry (other than the Commissioner) who provide services for the Tribunal under clause 5.

                      7Vacation of office

                      1. A member of the Tribunal may at any time be removed from office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

                      2. A member may at any time resign by written notice to the Minister.

                      3. A member ceases to hold office if he or she is adjudged bankrupt under the Insolvency Act 2006.

                      Compare

                      2Further provisions that apply to performance review committee or any selection committee

                      8Interpretation

                      1. In this Part, unless the context otherwise requires, committee means—

                      2. a selection committee established under section 78; or
                        1. a performance review committee established under section 79.

                          9Term of office and reappointment

                          1. A member of a committee holds office for a term specified by the Secretary and may be reappointed.

                          10Remuneration of members who are not Ministry employees

                          1. The members of the committee who are not employees of the Ministry are entitled—

                          2. to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
                            1. in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses in carrying out his or her office as a member.

                              1. For the purposes of subclause (1), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

                              11Independence of committees

                              1. A committee must perform its functions independently of the Secretary.

                              2. The Secretary cannot direct a committee in relation to its functions.

                              12Immunity of members

                              1. Civil proceedings may not be brought against members of the committee in respect of things done and decisions made in good faith.

                              13Immunity of people who supply information to committee

                              1. Civil proceedings may not be brought against any person who supplies information to a committee on request and in good faith.

                              14Members not in service of the Crown

                              1. A person is not employed in the service of the Crown, for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956, merely as a result of being a member of a committee.

                              Notes
                              • Schedule 3 clause 14: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).

                              15Vacation of office

                              1. A member of a committee may at any time be removed from office by the Secretary for incapacity affecting performance of duty, neglect of duty, or misconduct proved to the satisfaction of the Secretary.

                              2. A member may at any time resign by written notice to the Secretary.

                              3. A member ceases to hold office if he or she is adjudged bankrupt under the Insolvency Act 2006.

                              4. If a member is an employee of the Ministry, his or her membership ceases when he or she ceases to be an employee of the Ministry.

                              16Procedure of committee

                              1. A committee must conduct its procedures in the manner set out in regulations.

                              17Administrative support

                              1. The Ministry must provide the administrative support necessary to enable a committee to perform its functions.

                              3Further provisions that apply to the Review Authority

                              18Term of office and reappointment

                              1. The term of office of the Review Authority must not exceed 5 years.

                              2. The Review Authority may be reappointed.

                              3. The Review Authority continues in office despite the expiry of his or her term of office until—

                              4. the Review Authority is reappointed; or
                                1. the Review Authority’s successor is appointed; or
                                  1. the Review Authority is notified that a replacement Review Authority will not be appointed; or
                                    1. the Review Authority vacates or is removed from office.

                                      1. A person who continues in office for any period under subclause (3), unless he or she was removed from office, may act as the Review Authority during that period for the purpose of—

                                      2. completing any proceedings partly or wholly heard by them before the expiry of his or her term of office:
                                        1. hearing any other proceedings.

                                          1. A person who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.

                                          Notes
                                          • Schedule 3 clause 18(1): amended, on , by section 152(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Schedule 3 clause 18(3): inserted, on , by section 152(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Schedule 3 clause 18(4): inserted, on , by section 152(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Schedule 3 clause 18(5): inserted, on , by section 152(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                          19Independence of Review Authority

                                          1. The Review Authority must perform his or her functions independently of the Minister.

                                          2. The Minister cannot direct the Review Authority in relation to his or her functions.

                                          20Review conducted on papers

                                          1. The Review Authority must conduct a review on the papers, with all reasonable speed.

                                          21Remuneration of Review Authority

                                          1. The Review Authority is entitled—

                                          2. to receive remuneration not within paragraph (b) for services at a rate and of a kind determined by the Minister in accordance with the fees framework; and
                                            1. in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses in carrying out his or her office.

                                              1. For the purposes of subclause (1), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

                                              22Immunity of Review Authority

                                              1. Civil proceedings may not be brought against the Review Authority in respect of things done and decisions made in good faith.

                                              23Immunity of people who supply information to Review Authority

                                              1. Civil proceedings may not be brought against any person who supplies information to the Review Authority on request and in good faith.

                                              24Vacation of office

                                              1. The Review Authority may at any time be removed from office by the Minister for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister.

                                              2. The Review Authority may at any time resign by written notice to the Minister.

                                              3. The Review Authority ceases to hold office if he or she is adjudged bankrupt under the Insolvency Act 2006.

                                              Notes
                                              • Schedule 3 clause 24: replaced, on , by section 26 of the Legal Services Amendment Act 2013 (2013 No 43).

                                              25Procedure

                                              1. The Review Authority may regulate his or her procedure as he or she thinks fit, subject to this Act, any regulations made under it, and any practice notes issued under section 87D.

                                              2. Forms for use by the Review Authority may be approved by the chief executive of the Ministry after consulting the Review Authority.

                                              Notes
                                              • Schedule 3 clause 25: replaced, on , by section 152(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                              • Schedule 3 clause 25(2): inserted, on , by section 152(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                              26Orderly and efficient operation

                                              1. The Review Authority is responsible for making any arrangements that are practicable to ensure that he or she and any Deputy Authorities, perform their functions—

                                              2. in an orderly and efficient manner; and
                                                1. in a way that achieves the purposes of this Act.

                                                  1. The Ministry of Justice must provide the resources and administrative support necessary to enable the Review Authority to perform his or her functions.

                                                  Notes
                                                  • Schedule 3 clause 26: replaced, on , by section 152(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).