Tolley Anne: Legal Services Bill — First Reading 
Tolley Anne: Legal Services Bill — First Reading 
[Volume:666;Page:13509] 
Hon ANNE TOLLEY (Minister of Education) 
 on behalf of the  
Minister of Justice 
: I move  
That the Legal Services Bill be now read a first time. 
 At the appropriate time I intend to move that the Legal Services Bill be referred to the Justice and Electoral Committee that the committee report finally to the House on or before 21 December 2010 and that the committee have authority to meet at any time while the House is sitting except during oral questions and during any evening on a day on which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House despite Standing Orders 187 and 190(1)(b) and (c). 
In April 2009 the Minister of Justice announced a fundamental review of the New Zealand legal aid system led by Dame Margaret Bazley. Dame Margaret’s report released at the end of last year identified failings that posed a serious risk to the future of our legal aid system including the variable quality of legal aid services inefficiencies created by prescriptive legislation and serious service delivery issues. The clear message was that it was time for fundamental change. 
The Government has already moved swiftly to act on Dame Margaret’s findings and this bill forms another part of that response. The bill disestablishes the Legal Services Agency and makes the Secretary for Justice responsible for administering the legal aid system. The bill also establishes the Legal Services Commissioner as an independent statutory officer within the Ministry of Justice to ensure independent decision-making in the granting of legal aid and the managing of cases in the Public Defence Service. 
This bill places legal aid where it should be: at the centre of the justice system. It will ensure that the legal aid system aligns with other Government initiatives intended to enhance access to justice and support the effective operation of the courts. The Legal Aid Review Panel which currently reviews the decisions of the Legal Services Agency will also be replaced by a new improved Legal Aid Tribunal. 
Dame Margaret Bazley praised the quality of many legal aid lawyers. However she also highlighted serious concerns about the variable quality of legal aid services and the inability of the current system to deal with poor performance and lawyers who act corruptly. A new quality assurance framework has been developed in consultation with the New Zealand Law Society to ensure that all providers have the skills to do the job assigned to them and that complaints will be addressed. Current legal aid providers will still be able to provide legal services for a transition period after the new legislation commences. However within that period they will need to apply for approval under the new quality system if they wish to continue to provide services. Selection committees will make recommendations to the Secretary for Justice regarding the approval of lawyers and other providers based on criteria and regulations. A review authority appointed by the Minister of Justice will be able to consider unsuccessful applications. 
The bill also establishes mechanisms to ensure the continued quality of services after providers are approved. A new Performance Review Committee will consider complaints raised against providers and where appropriate will recommend sanctions. The Ministry of Justice will also audit the legal aid services that have been purchased on behalf of New Zealand taxpayers. That auditing may include the disclosure to the auditor of legally privileged information but the bill contains safeguards so that the legal aid client is not disadvantaged by the disclosure which can be used only in relation to the audit. 
Dame Margaret was also concerned that New Zealand’s prescriptive legislative regime was stifling innovation in service design and delivery. That regime contrasted starkly with the approach taken in comparable countries such as Canada and Australia where administering bodies are charged with identifying the best ways to provide services. Flexibility and innovation in service design and delivery are central to this bill. Unlike the current Act the bill does not specify services that can be provided under the duty solicitors scheme and police detention legal assistance scheme. Instead those services will operate under a general provision. This approach allows for services to be provided in the way that best meets clients’ needs and allows services to be responsive to changes in the court system. It will not affect the ability to provide or monitor the quality of those services. 
The Secretary for Justice also has the flexibility to contract with community law centres to ensure that consistent and high-quality community legal services are provided across the country. In addition the bill allows for a streamlined process to assess applications for low-cost criminal cases which will improve cumbersome and expensive administrative procedures. This will mean that lawyers can spend less time filling in forms and more time providing legal advice. 
The bill gives the Ministry of Justice the ability to ensure that providers comply with basic business practices that support the cost-effective delivery of legal aid services. I understand there are currently cases where invoices are submitted a year or more after the work has been done. These business practices are unacceptable. 
Dame Margaret’s report also raised a concern about a potential overlap in the funding provided for settlement negotiation matters by the Legal Services Agency and the Office of Treaty Settlements within the Ministry of Justice. Under the bill legal aid funding will no longer be available for settlement negotiation matters. Instead funding will be transferred to the Office of Treaty Settlements to ensure that claimants continue to receive appropriate assistance for each step of the negotiations process. 
The Legal Services Bill will provide the framework for a new more effective legal aid system in which New Zealanders can have confidence. I commend this bill to the House.