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Legal Aid—Review Report

Thursday 10 December 2009 Hansard source (external site)

Dalziel11. Hon LIANNE DALZIEL (Labour—Christchurch East) Link to this
to the Minister of Justice

Does he have any evidence to support the hearsay reported by Dame Margaret Bazley in her final report on the legal aid review that “up to 80 percent of the lawyers practising in the Manukau District Court could be gaming the system”; if not, will he apologise for any damage to their reputations this has caused?

PowerHon SIMON POWER (Minister of Justice) Link to this

No, because Dame Margaret was clear in her report that although her findings were partially based on anecdotal evidence, it was the prevalence of these claims right across the court system that led her to conclude that widespread reform is required. Since the release of the report, a number of people have supplied my office with a range of allegations of improper practice across the court system. I will be writing back to those complainants to invite them to pass the information on to the Law Society, which will take whatever action it deems to be appropriate. In response to the second part of the question that the member raises, the answer is no. I am interested in the findings of the report and will not limit my attention to one line in a report of 120 pages.

DalzielHon Lianne Dalziel Link to this

Will the Minister meet with members of the Manukau legal profession who have had their reputations damaged as a result of the statement that up to 80 percent of them have been involved in “gaming the system”; and since when did the prevalence of unsubstantiated claims make an unsubstantiated claim more substantiated?

PowerHon SIMON POWER Link to this

In respect of the question as to whether I will meet with the Manukau criminal Bar, sure. I have met with different members of the Manukau criminal Bar three times this year. In addition, when I visited the Manukau District Court I spoke with a number of lawyers about their work there. Since the release of Dame Margaret’s report, I am advised that I have received no requests for meetings from the Manukau criminal Bar, although I understand those lawyers met with the member and her colleague yesterday. I would be happy to meet with them.

GarrettDavid Garrett Link to this

Has the Minister considered providing lawyers who work within the legal aid system with an indemnity of some kind, so that the honest legal aid lawyers can provide information on crooked colleagues to the appropriate authorities, without fear of litigation; if not, why not?

PowerHon SIMON POWER Link to this

No; because that was not part of the recommendations in Dame Margaret’s report, it is not something that is immediately on my work programme in response to Dame Margaret’s report.

DalzielHon Lianne Dalziel Link to this

Did the report address the role of the Legal Services Agency risk management committee in overseeing the legal aid system; if not, was it of concern to him that Dame Margaret Bazley was a member of that committee between 2005 and 2008?

PowerHon SIMON POWER Link to this

I cannot remember, off the top of my head, whether it was referenced exactly, but I have great faith in the independence of Dame Margaret—as the last Government did, when putting her in charge of a number of inquiries. I will work my way through those recommendations with some degree of consistency and speed. I note that the member opposite has offered, on behalf of the Labour Party, to work with this Government so that the legal aid system and the justice system in New Zealand get the credibility, integrity, and value for taxpayers’ money that this country deserves.

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