17927392
Description
Flashcards by Ariana Tipu, updated more than 1 year ago
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Created by Ariana Tipu
over 5 years ago
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| Question | Answer |
| what is the Statue that governs legal services in NZ? | Legal Services Act 2011 |
| what is available under LSA2011? | L.C.D.P.P: Legal aid, Community law centres, Duty lawyers scheme, Public defence service, Police detention legal assistance scheme |
| for Legal aid what provisions on the legislation LSA2011 govern criminal matters, and what are the key points? | section6 & 8 LSA2011: - natural persons - punishable for more than 6 months imprisonment - interests of justice to allow legal aid - insufficient means to pay for themselves |
| for Legal aid what provisions of LSA2011 apply to civil matters, and what are the key points? | sections 10 & 11: - natural persons - includes family court matters - insufficient means to pay for themselves - eg; single with no children - under $23,820 annually - only available to poorest of NZs |
| what are some key points about Legal Aid? | - can apply for criminal or civil matters, however civil matters are hard to gain access - it is more like a loan as the commissioner can require anyone at anytime to pay back all or some of it - overdue payments can be deductible from wages or other property - interest rate after 6 months will be 8% on debt charges |
| what is the function of a Community law centre and what is the legal authority to this? | under section 93 LSA2011: the function includes the provision of legal services such as low level legal issues and drafting simple documents |
| how is a Community law centre funded? | funded in two ways: 1. tax payer money 2. from the interest incurred on lawyers and conveyancers trust account |
| what is a Community law centres main principal? | is to give free legal service to the community |
| what is the point of having a Duty lawyers/solicitors scheme? | it helps people gain access to a lawyer in NZ only for criminal proceedings |
| what is the role of a duty lawyer/solicitor acting under the Duty lawyers scheme? | -assist on very first time in court for only criminal proceedings - they assist, advise, bail and legal aid services - funded by tax payers |
| what is the role of having a Public defence service? | -it is a government funded agency of salaried defence lawyers - client doesn't get charged - only for criminal charges |
| what is the function of P.D.L.A - Police Detention Legal Assistance Scheme? | - it is a phone a free lawyer scheme 24/7 - exercising your right to a lawyer at the police station - lawyers go on a PDLA roster |
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