Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
10 January 2023
I Brown
[FYI request #20293 email]
Our ref: OIA 98544
Tēnā koe
Official Information Act request: Legal aid providers
Thank you for request of 22 August 2022 in which you request information relating to
criminal and civil legal aid providers.
Your request has been referred to me for a response as it falls within my responsibilities as
Group Manager, National Service Delivery and is being managed under the provisions of the
Official Information Act 1982 (the Act).
Specifically you request:
1.
The number of providers with approval to accept only Criminal provider approval
level 1 assignments as a lead provider (not including limited approvals) for each
of the years 2017, 2018, 2019, 2020, and 2021; and
2. How many of those providers with only that approval level accepted more than
five assignments in total for each of the years 2017, 2018, 2019, 2020, and 2021;
and
3. The number of providers with approval to accept both Criminal provider approval
level 1 and 2 assignments as a lead provider (not including limited approvals) for
each of the years 2017, 2018, 2019, 2020, and 2021; and
4. How many of those providers with those approval levels accepted more than five
assignments at either level in total for each of the years 2017, 2018, 2019, 2020,
and 2021; and
5. The number of providers with approval to accept Criminal provider approval level
1, 2, and 3 assignments as a lead provider (not including limited approvals) for
each of the years 2017, 2018, 2019, 2020, and 2021; and
6. How many of those providers with all of those approval levels accepted more
than five assignments in total at any of those levels for each of the years 2017,
2018, 2019, 2020, and 2021; and
7. The number of providers with approval to accept Criminal provider approval level
1, 2, 3, and 4 assignments as a lead provider (not including limited approvals) for
each of the years 2017, 2018, 2019, 2020, and 2021; and
8. How many of those providers with all of those approval levels accepted more
than 5 assignments in total at any of those levels for each of the years 2017,
2018, 2019, 2020, and 2021; and
9. How many criminal legal aid providers had PDLA approval for each of the years
2017, 2018, 2019, 2020, and 2021; and
10. How many providers were on the PDLA roster for each of the years 2017, 2018,
2019, 2020, and 2021; and
11. The number of providers with approval to accept Court of Appeal and Supreme
Court assignments as a lead provider (not including limited approvals) for each of
the years 2017, 2018, 2019, 2020, and 2021; and
12. How many of those providers with that approval accepted more than 2
assignments for each of the years 2017, 2018, 2019, 2020, and 2021; and
13. How many providers were approved for the PDLA scheme in each of the years
2017, 2018, 2019, 2020, and 2021; and
14. How many criminal legal aid providers were actually on the PDLA roster to
receive calls for each of the years 2017, 2018, 2019, 2020, and 2021; and
15. How many Civil legal aid providers (not including employment) were there for the
years 2017, 2018, 2019, 2020, and 2021; and
16. How many of those Civil legal aid providers received more than three
assignments in the years 2017, 2018, 2019, 2020, and 2021.
In response to question 1, please refer to Table 1 for the number of legal aid providers with
approval to accept only Criminal Provider Approval Level (PAL) 1 assignments each year
since 2017.
In response to question 2, please refer to Table 2 for the number of legal aid providers with
approval to accept only Criminal PAL 1 assignments as a lead provider that have accepted
more than five assignments each year since 2017.
In response to question 3, please refer to Table 3 for the number providers with approval to
accept both Criminal PAL 1 and 2 assignments as a lead provider (not including limited
approvals) each year since 2017.
In response to question 4, please refer to Table 4 for the number of providers with PAL 1
and 2 that accepted more than five assignments at either level each year since 2017.
In response to question 5, please refer to Table 5 for the number of providers with approval
to accept PAL 1, 2, and 3 assignments as a lead provider (not including limited approvals)
each year since 2017.
In response to question 6, please refer to Table 6 for the number of providers with PAL 1 ,2
and 3 that accepted more than five assignments each year since 2017.
In response to question 7, please refer to Table 7 for the number of providers with PAL 1, 2,
3, and 4 assignments as a lead provider (not including limited approvals) each year since
2017.
In response to question 8, please refer to Table 8 for PAL1, 2, 3 and 4 providers that
accepted more than five accepted assignments each year since 2017.
In response to questions 9 and 13, please refer to Table 9 for the number of legal aid
providers which had PDLA (Police Detention Legal Assistance) approval each year since
2017, broken down by providers with criminal legal aid approval, and those without.
In response to questions 10 and 14, please refer to Table 10 for the number of providers on
the PDLA roster each year since 2017.
In response to question 11, please refer to Table 11 for the number of providers with
approval to accept Court of Appeal and Supreme Court assignments as a lead provider (not
including limited approvals) each year since 2017.
In response to question 12, please refer to Table 12 for the
number of providers with
approval to accept Court of Appeal and Supreme Court assignments as a lead provider (not
including limited approvals) that accepted more than two assignments each year since 2017.
In response to question 15 and 16, please refer to Table 14 for the number of approved civil
providers, and the number of approved civil providers that have accepted more than three
assignments each year since 2017.
You have the right to complain to the Ombudsman about this decision under section 28(3) of
the Act. The Ombudsman may be contacted by email at: [email address].
Nāku noa, nā
Tracey Baguley
Group Manager, National Service Delivery
Appendix A
Table 1: The number of legal aid providers with approval to accept only Criminal PAL
1 assignments as a lead provider from 2017 to 2021, broken down by financial year.
ACT 1982
Approved private
Approved PDS
Total
Financial Year
providers
providers
2017/2018
316
76
392
2018/2019
311
94
405
2019/2020
305
86
391
2020/2021
321
96
417
2021/2022
363
92
455
Table 1 Notes:
•
A case can be assigned to one or more provider, we counted the number of PAL1 level
assignments rather than legal aid case.
INFORMATION
• Assignments are attributed to the PAL of the lead provider at the time they were accepted.
Lawyers are able to lead cases appropriate to their PAL or below.
Table 2: The number of legal aid providers with approval to accept only Criminal PAL
1 assignments as a lead provider that have accepted more than five assignments from
2017 to 2022, broken down by financial year.
Approved private
Approved PDS
Total
Financial Year
providers
providers
2017/2018
218
72
290
2018/2019
238
82
320
2019/2020
230
83
313
2020/2021
240
93
333
2021/2022
272
78
350
Table 2 Notes:
•
A case can be assigned to one or more provider, we counted the number of PAL1 level
assignments rather than legal aid case.
• Assignments are attributed to the PAL of the lead provider at the time they were accepted.
Lawyers are able to lead cases appropriate to their PAL or below.
RELEASED UNDER THE OFFICIAL
Table 3: The number of providers with approval to accept both Criminal PAL 1 and 2
1982
assignments as a lead provider from 2017 to 2021, broken down by financial year.
Approved private
Approved PDS
Total
Financial Year
providers
providers
ACT
2017/2018
196
52
248
2018/2019
215
51
266
2019/2020
224
57
281
2020/2021
228
55
283
2021/2022
250
63
313
Table 3 Notes:
• A case can be assigned to one or more provider, we counted the number of combined PAL1
and PAL2 level assignments rather than legal aid case.
• Assignments are attributed to the PAL of the lead provider at the time they were accepted.
Lawyers are able to lead cases appropriate to their PAL or below.
INFORMATION
Table 4: The number of legal aid providers with approval to accept only Criminal PAL
1 and 2 assignments as a lead provider that have accepted more than five
assignments from 2017 to 2022, broken down by financial year.
Approved private
Approved PDS
Total
Financial Year
providers
providers
2017/2018
161
49
210
2018/2019
184
47
231
OFFICIAL
2019/2020
189
53
242
2020/2021
189
54
243
2021/2022
207
57
264
THE
Table 4 Notes:
• A case can be assigned to one or more provider, we counted the number of combined PAL1
and PAL2 level assignments rather than legal aid case.
• Assignments are attributed to the PAL of the lead provider at the time they were accepted.
UNDER
Lawyers are able to lead cases appropriate to their PAL or below.
RELEASED
Table 5: The number of providers with approval to accept PAL 1, 2, and 3 assignments
1982
as a lead provider from 2017 to 2022, broken down by financial year.
Approved private
Approved PDS
Total
Financial Year
providers
providers
ACT
2017/2018
110
22
132
2018/2019
118
25
143
2019/2020
122
21
143
2020/2021
131
16
147
2021/2022
139
20
159
Table 5 Notes:
• A case can be assigned to one or more provider, we counted the number of combined PAL1,
PAL2, and PAL 3 assignments rather than legal aid case.
• Assignments are attributed to the PAL of the lead provider at the time they were accepted.
Lawyers are able to lead cases appropriate to their PAL or below.
INFORMATION
Table 6: The number of providers with PAL 1, 2 and 3 that accepted more than five
assignments from 2017 to 2022, broken down by financial year.
Approved private
Approved PDS
Total
Financial Year
providers
providers
2017/2018
110
21
131
OFFICIAL
2018/2019
118
24
142
2019/2020
122
20
142
2020/2021
131
16
147
2021/2022
139
19
158
THE
Table 6 Notes:
• A case can be assigned to one or more provider, we counted the number of combined PAL1,
PAL2, and PAL 3 assignments rather than legal aid case.
• Assignments are attributed to the PAL of the lead provider at the time they were accepted.
UNDER
Lawyers are able to lead cases appropriate to their PAL or below.
RELEASED
Table 7: The number of providers with approval to accept PAL 1, 2, 3, and 4
1982
assignments as a lead provider from 2017 to 2022, broken down by financial year.
Approved private
Approved PDS
Total
Financial Year
providers
providers
ACT
2017/2018
309
30
339
2018/2019
309
30
339
2019/2020
322
28
350
2020/2021
330
29
359
2021/2022
333
25
358
Table 7 Notes:
• A case can be assigned to one or more provider, we counted the number of combined PAL1,
PAL2, PAL 3, and PAL4 assignments rather than legal aid case.
• Assignments are attributed to the PAL of the lead provider at the time they were accepted.
Lawyers are able to lead cases appropriate to their PAL or below.
INFORMATION
Table 8: The number providers with approval to accept PAL 1, 2, 3 and 4 as a lead
provider with more than five accepted assignments from 2017 to 2022, broken down
by financial year.
Approved private
Approved PDS
Total
Financial Year
providers
providers
2017/2018
254
27
281
2018/2019
262
28
290
OFFICIAL
2019/2020
272
27
299
2020/2021
276
27
303
2021/2022
271
23
294
THE
Table 8 Notes:
• A case can be assigned to one or more provider, we counted the number of combined PAL1,
PAL2, PAL 3, and PAL4 assignments rather than legal aid case.
• Assignments are attributed to the PAL of the lead provider at the time they were accepted.
Lawyers are able to lead cases appropriate to their PAL or below.
UNDER
RELEASED
Table 9. The number of legal aid providers with PDLA approval from 2017 and 2021,
broken down by financial year.
PDLA providers
PDLA providers
Total
ACT 1982
with criminal
without criminal
approved
Financial Year
approval*
approval*
PDLA
Providers
2017/2018
408
5
413
2018/2019
410
5
415
2019/2020
421
11
432
2020/2021
446
11
457
2021/2022
447
14
461
Table 9 Notes:
•
*Providers with PDLA approval and holding a Criminal PAL approval
• *Providers with PDLA approval and holding any/or no other approval, excluding criminal
INFORMATION
Table 10: The minimum, maximum and average number providers on the PDLA roster
from 2017 and 2021, broken down by financial year.
Financial Year
Min
Max
Average
2016/2017
73
109
88
2017/2018
67
120
85
2018/2019
89
134
107
2019/2020
89
125
107
2020/2021
100
126
114
2021/2022
79
131
106
Table 10 Notes:
•
The number of providers on the PDLA roster is difficult to accurately determine due to the
nature of the roster being ‘live’ and numbers can fluctuate quite significantly. For each of the
years 2017, 2018, 2019, 2020 and 2021 we have provided the lowest and highest monthly
number of providers as well as the average number of providers per month.
RELEASED UNDER THE OFFICIAL
Table 11: The number of providers with approval to accept Court of Appeal and
Supreme Court assignments as a lead provider (not including limited approvals) from
2017 and 2021, broken down by financial year.
Financial Year
Number of Court
Providers with Court of
Total ACT 1982
of Appeal and
Appeal and Supreme
Supreme Court
Court approval in total
Approved
for each of the years
Providers
for PDS
2017/2018
273
31
304
2018/2019
263
26
289
2019/2020
269
20
289
2020/2021
275
21
296
2021/2022
285
20
305
Table 11 Notes:
•
A case can be assigned to one or more provider, we counted the number of assignments
INFORMATION
rather than legal aid case.
Table 12: The number of providers with approval that accepted more than two
assignments from 2017 and 2021, broken down by financial year.
Approved
Approved PDS
Total
Financial Year
private
providers
providers
2017/2018
51
0
51
2018/2019
47
0
47
2019/2020
57
3
60
2020/2021
51
2
53
2021/2022
63
2
65
Table 12 Notes:
•
A case can be assigned to one or more provider, we counted the number of assignments
rather than legal aid case.
RELEASED UNDER THE OFFICIAL
Table 13: The number of providers approved to provide civil legal aid in each of the
years between 2017 and 2021, and the number of those who accepted more than 3
accepted assignments.
ACT 1982
Number of approved
Providers with more
Civil Providers
than 3 accepted
Financial Year
(excluding employment)
assignments
2016/2017
304
19
2017/2018
264
19
2018/2019
257
24
2019/2020
256
24
2020/2021
271
34
Table 13 Notes:
•
INFORMATION
A case can be assigned to one or more provider, we counted the number of assignments
rather than legal aid case.
•
This data excludes Civil Employment cases.
RELEASED UNDER THE OFFICIAL
