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The legal aid system in New Zealand provides Government-funded legal assistance to those who are unable to afford a lawyer. Legal aid is available for almost all court actions across all levels of the court system. This includes criminal charges, civil issues, family disputes, appeals and Waitangi Tribunal claims. Since its inception, the cost of the service to the taxpayer has grown considerably. In 2009, the system was subject to a three-month critical review by Dame Margaret Bazley who suggested a number of changes including fixed fees for defence lawyers working on criminal cases. Bazley's recommendations were rapidly adopted by the Government which wanted to cut costs. Leading academics have expressed concerns that, as a result, New Zealander's right to a fair trial is being compromised. ==History== New Zealand judges have long had the power to assign council, but following the Westminister Poor Prisoners Defence Act 1903, there were moves to introduce a similar Act in New Zealand.〔 This came in the form of the Justices of Peaces Amendment Act 1912 which made legal aid available for criminal offences.〔 The Legal Aid Act 1939 (No 42) "authorized the New Zealand Law Society to establish committees and panels of legal practitioners for the assistance of poor persons", and gave the Governor-General the ability to introduce regulations surrounding the definition of a “poor person”.〔 Although no new regulations were introduced, in practice, the law profession provided legal aid to those who members of the public who required it. Applications went to the local District Law Society and if their application was accepted, the District Law Society would arrange for a lawyer to represent them. The processes surrounding the provision of legal aid for criminal cases were more clearly elucidated by the Offenders Legal Aid Act 1954. This gave authority to "any Court having jurisdiction in criminal proceedings may, in respect of any stage of any criminal proceedings and in accordance with this Act, direct that legal aid be granted to any person charged with or convicted of any offence, if in its opinion it is desirable in the interests of justice to do so".〔(Knowledge Basket )〕 The Court would then assign a lawyer, who was paid at the "going rate" - the same as what he or she would be paid, should they have been representing the prosecution.〔(Legal Aid ), Te Ara Encyclopedia〕 The Legal Aid Act 1969 (No 47) removed responsibility for legal aid from the Law Society by establishing the “Legal Aid Board". The Board’s functions included managing the day-to-day functioning of the legal aid scheme, overseeing the work of District Legal Aid Committees, guaranteeing that the legal aid system was efficient, making recommendations to the Minister (of Justice) as required, and completing other functions that the Board may be asked to carry out. The Act also outlined the circumstances in which legal aid may be refused or withdrawn, based on a means test, with the intention of making aid 'more readily available for persons of small or moderate means'. The Act also established a Legal Aid Appeal Authority which the solicitor applying for aid could appeal to if the application was declined by the Board.〔 The Legal Services Act 1991 Act repealed previous legislation and ensured that legal aid was available for both civil and criminal cases. At the same time, it widened the proceedings for which legal aid may be awarded and, for the first time, made legal aid available for Waitangi Tribunal claims.〔"(Legal Aid Act 1991 (1991 No. 71) )" ''New Zealand Acts As Enacted.'' Parliamentary Council Office. Retrieved 14 July 2013.〕 The Legal Services Act 2000 further extended the availability of legal aid to cover proceedings in the Environment Court, actions relating to leaky buildings brought under the Weathertight Homes Resolution Services Act 2006, and New Zealand Parole Board hearings.〔(Legal Service Act 2000 ), New Zealand legislation〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Legal aid in New Zealand」の詳細全文を読む スポンサード リンク
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