Shearer David: Legal Services Bill — In Committee Speaker Recalled In Committee 
Shearer David: Legal Services Bill — In Committee Speaker Recalled In Committee 
[Volume:670;Page:17029] 
DAVID SHEARER (Labour—Mt Albert) 
: 
 I would like to pick up on my colleague’s discussion of the review authority and the independence of the review authority which clause 84 of the Legal Services Bill refers to. It is an important authority in the sense that it decides on an appeal. I think it is important that we spend a little time on thinking and working through how it functions and about the ability of the authority to deliver a competent decision that is independent both of the Minister and of the other parts of the judicial system. 
Clause 84(1) establishes the review authority and under clause 84(2) the Minister appoints one person to be the review authority. The bill further on states that the person is to be supported by a number of members of the Ministry of Justice. The function of the review authority is to review the decisions of the Secretary for Justice as set out in clause 82(1). Clause 85(2) states: “The Review Authority may review a decision of the Secretary only on the application of a person in respect of whom the decision is made.” So the integrity really depends and swings on the ability of that person to be seen both as independent and as capable and competent. 
Schedule 3 to which Part 3 refers sets out the provisions that apply to the Legal Aid Tribunal. Again there is a question of independence and how those people may be appointed. The term of office of the tribunal is 3 years although the bill does not give a maximum. A member of the tribunal can be reappointed—I am talking about the tribunal not the review office. I would like to hear from the Minister about the appointment process: how that appointment process proceeds whether we will see a maximum term of appointment and whether in custom it is generally intended that somebody would stay on for one term of office or perhaps for two terms. It would be interesting to hear from the Minister whether that is seen to be the case in this part of the bill. 
The tribunal again is serviced by the Ministry of Justice. The tribunal is serviced by employees of the ministry. The liability of the tribunal is set out in clause 6 of schedule 3 which states: “The Tribunal and members officers or agents of the Tribunal are not under any criminal or civil liability in respect of—(a) 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 (b) any words spoken or written at or in connection with any review determination or direction to reconsider under this Act.” 
Looking at this part I think the provisions relating to both the review authority and the tribunal are well set out. But I come back to the point raised by my colleague Charles Chauvel about the issue of independence. Obviously the independence of this office is very much dependent on the way that the person and the tribunal are appointed and how they are able to carry out and do their job. The person who will be appointed as I understand it will be a lawyer of 7 years’ experience. The person will be qualified; I do not think there is any issue about that. But the continuation of service the time for which that person will stay on the tribunal or the review authority is an area that we would like to have some clarification on. The degree of independence given that the person is to be appointed by the Minister is also an issue of concern.