Legal aid criticised in Govt report

Press, 17 November 1981, Page 3

Legal aid criticised in Govt report

PA Wellington Legal aid has not improved access to the courts, and its quality is often inferior, according to a Justice Department discussion paper. The paper also said that people of moderate means who were intended to benefit from the scheme, no longer

did. because the eligibility criteria had been changed. Releasing the paper yesterday, the Minister of Justice (Mr McLay) said that a very extensive research programme had been undertaken, including discussions with judges, lawyers, court registrars, the' police, and other groups.

It was evident that improvements were required and the report would help to make decisions on these, he said.

Referring to civil legal aid, the report said that the restriction of legal aid to court proceedings, and the fact that' the scheme functioned within the existing private practice framework, prevented the redressing of a “multitude of grievances.” “But on top of this, the concentration of legal aid on domestic proceedings leaves

the impression that these cases have usurped the original intention of the scheme, and that all the time, effort, and money have been diverted to help recoup the costs of domestic purposes benefits.” the report said. The cost of civil legal aid for 1980-81 was almost $2.5 million.

Legal aid for offenders, which cost almost $1 million was of variable quality, the report said. “The judiciary, the police, community groups, probation officers, lawyers themselves, and defendants all commented on the inexperience and lack of commitment of assigned lawyers,” the report said.

The report said that an independent legal services commission should be set up to oversee the development, and funding of legal aid.