Regulations 5 to 9 and the Schedule set out the criteria to be met by an applicant.

(1) If the applicant is a lawyer, the applicant must provide a certified copy of the applicant's certificate of standing issued by the New Zealand Law Society. The certificate must—

• (a) provide evidence of the applicant's current practising certificate; and

• (b) include information about any complaints upheld against the applicant under the Lawyers and Conveyancers Act 2006.

(1A) An applicant need not comply with subclause (1) if the applicant—

• (a) is an existing provider; and

• (b) has received written notice from the Secretary that compliance with that provision is not required.

(2) If the applicant is applying for approval to provide legal aid services as an employment advocate, the applicant must provide documentary evidence of his or her membership of the Employment Law Institute of New Zealand Inc.

(1) If the applicant is a lawyer and is applying to be a lead provider or to provide specified legal services, he or she must be experienced and competent in each area of law in which he or she intends to provide legal aid services or specified legal services.

(2) In deciding whether the applicant meets the criteria in subclause (1), the Secretary must—

• (a) apply the relevant experience and competence requirements set out in the Schedule; and

• (b) take into account the applicant's experience as a lawyer; and

• (c) be satisfied that the applicant has the appropriate level of knowledge and skill to provide legal aid services or specified legal services in each area of law to which the application relates.

(3) For the purposes of subclause (2)(c), the Secretary may take into account any course that the applicant has successfully completed and that the Secretary considers relevant to an area of law to which the application relates.

(4) Subclauses (5) to (7) apply to an applicant who, in relation to the relevant experience and competence requirements set out in the Schedule, does not satisfy the requirement that his or her relevant experience be recent experience.

(5) The Secretary may decide that the applicant meets the criteria in subclause (1) if, having taken into account the applicant's experience as a lawyer, the Secretary—

• (a) is satisfied that the applicant meets the relevant experience and competence requirements in all other respects; and

• (b) is satisfied of the matter in subclause (2)(c).

(6) The Secretary may require the applicant to provide other proof of the applicant's current legal knowledge and experience.

(7) Subclause (2)(a) is subject to subclause (5).

(1) If the applicant is a lawyer and is applying to provide legal aid services other than as a lead provider, the applicant must—

• (a) provide evidence to the satisfaction of the Secretary of the applicant's employment as a lawyer; or

• (b) satisfy the Secretary that there are in place adequate arrangements for the supervision of the applicant's legal aid work.

(2) For the purposes of subclause (1)(b), an adequate supervision arrangement may include an undertaking by a lead provider to supervise the applicant's legal aid work.

(1) The applicant must have service delivery systems that support the applicant to provide and account for legal aid services or specified legal services in an effective, efficient, and ethical manner.

(2) For the purposes of subclause (1), the Secretary may, without limitation, ask the applicant to provide information on 1 or more of the following:

• (a) the arrangements the applicant has in place to manage scheduling conflicts:

• (b) the arrangements the applicant has in place to manage conflicts of interest:

• (c) a description of the applicant's internal complaints management process:

• (d) if the applicant is a lawyer, a sample of the following documents that the applicant must provide to clients under the Lawyers and Conveyancers Act 2006:

  • (i) an information for clients form:

  • (ii) a standard letter of engagement to be provided to new clients at the commencement of a retainer:

• (e) evidence of the applicant's existing office management practices.

(1) Every applicant must provide work samples as proof of the applicant's recent experience in each area of law to which the application relates, unless the Secretary gives the applicant written notice that the applicant is not required to do so for the reasons specified in that notice.

(2) If the Secretary gives notice that an applicant is not required to provide work samples in accordance with subclause (1), the Secretary may require the applicant to provide other proof of the applicant's recent experience.

(3) In this regulation, work samples includes any—

• (a) correspondence to or on behalf of a client:

• (b) research notes:

• (c) affidavits:

• (d) opening and closing addresses:

• (e) examination notes.

(1) Every applicant must provide at least 2 references, unless the Secretary gives the applicant written notice that the applicant is not required to do so for the reasons specified in that notice.

(2) If an applicant intends to provide legal aid services or specified legal services in more than 1 area of law, the applicant must provide 1 reference for each area, unless the Secretary gives the applicant written notice that the applicant is not required to do so for the reasons specified in that notice.

(3) If the Secretary gives notice that an applicant is not required to provide references in accordance with subclauses (1) and (2), the Secretary may require the applicant to provide other proof of the applicant's experience and competence.

(4) The references provided must be based on the referee's direct experience and knowledge of the applicant's skill in the area of law to which the application relates.

(1) Every applicant must satisfy the Secretary that he or she is a fit and proper person to provide legal aid services or specified legal services.

(2) For the purposes of subclause (1), an applicant must provide to the Secretary—

• (a) details of any conviction of the applicant for an offence punishable by imprisonment; and

• (b) details of any complaint upheld against the applicant under the Act or the former Act.

(3) In deciding whether an applicant meets the criterion in subclause (1), the Secretary must be satisfied that—

• (a) any convictions of the applicant, when considered individually or together, would not adversely affect—

  • (i) the applicant's relationship with a client who is an aided person; or

  • (ii) the integrity of the legal services system; and

• (b) any complaints upheld against the applicant under the Act or the former Act, when considered individually or together, would not—

  • (i) adversely affect the integrity of the legal services system; or

  • (ii) breach any practice standards; and

• (c) any complaints upheld against the applicant under the Lawyers and Conveyancers Act 2006, when considered individually or together, would not—

  • (i) adversely affect the integrity of the legal services system; or

  • (ii) breach any practice standards.

(4) An applicant need not comply with subclause (2)(b) if the applicant has received written notice from the Secretary that compliance with that provision is not required.

(5) If the Secretary gives notice that an applicant is not required to comply with subclause (2)(b), subclause (3)(b) does not apply.

(1) The Secretary may impose any 1 or more of the following conditions on an approval to provide legal aid services or specified legal services:

• (a) the condition that the provider must be supervised in a manner specified by the Secretary:

• (b) the condition that the provider be mentored in a manner specified by the Secretary:

• (c) the condition that the provider undergo training specified by the Secretary:

• (d) where a provider has approval to provide legal aid services or specified legal services in an area of law, the condition that the provider may provide those services only for the types of proceedings specified by the Secretary.

(2) A condition imposed under subclause (1) may specify a period of time during which the condition is to have effect, or a date by which any act specified in the condition must be done.

(1) A selection committee must only assess applications that are completed in the prescribed manner.

(2) When assessing any application, a selection committee—

• (a) must assess the application on the basis of the information provided in the application and the committee's knowledge of the applicant; and

• (b) may verify any information provided with the application by seeking further evidence from the applicant and by referring any such information to any 1 or more of the following:

  • (i) the New Zealand Law Society:

  • (ii) any Judge:

  • (iii) the applicant's peers:

  • (iv) any other person or organisation that the committee considers relevant to the application.

(1) If a selection committee is not unanimous, the recommendation supported by a majority of the votes cast at a meeting of the committee is the recommendation of that committee.

(2) A selection committee must give its recommendation to the Secretary in writing and provide reasons.

A selection committee must keep confidential all information provided or disclosed to it under the Act or these regulations except to the extent that disclosure is—

• (a) required to enable the committee to carry out its obligations and duties under the Act or these regulations; or

• (b) otherwise compelled by a law other than the Act or these regulations.

(1) The functions of the chairperson are to—

• (a) make such arrangements as are practicable to ensure the orderly and expeditious discharge of the functions of the selection committee; and

• (b) ensure to the extent practicable, that each application is assessed by members of the committee with the appropriate expertise.

(2) For the purpose of carrying out his or her function specified in subclause (1)(b), the chairperson must determine which members are to attend meetings of the committee in relation to a particular application and notify the members accordingly.

(1) The chairperson of a selection committee must decide the dates, times, and method of the meetings of the committee.

(2) A meeting of a selection committee may be held—

• (a) by its members being assembled together at the time and place appointed for the meeting; or

• (b) by means of audio-visual or electronic communication.

(1) For the purpose of ensuring that the functions and powers of the chairperson are performed or exercised during any period when the chairperson is absent or incapacitated or has a conflict of interest, the chairperson of a selection committee must ensure that at all times he or she has nominated a member of the committee to serve as acting chairperson if the need arises.

(2) The fact that a person purports to perform or exercise, or to have performed or exercised, any function or power of the chairperson under a delegation or nomination is, in the absence of proof to the contrary, sufficient evidence of the person's authority to do so.

The quorum of a selection committee is 3 members.

(1) If a member of a selection committee has a conflict of interest in relation to any matter before the committee,—

• (a) the member must declare the conflict to the chairperson as soon as the member becomes aware of it; and

• (b) the member must step aside from any involvement in the matter if the chairperson considers the conflict of interest is likely to materially affect the member's impartiality.

(2) If a chairperson of a selection committee has a conflict of interest in relation to any matter before the committee, the chairperson must—

• (a) declare the conflict to the Secretary; and

• (b) step aside from any involvement in the matter if the Secretary considers that the conflict is likely to materially affect the chairperson's impartiality.

(1) If the performance review committee is not unanimous, the recommendation supported by a majority of the votes cast at a meeting of the performance review committee is the recommendation of that committee.

(2) The performance review committee must give its recommendation to the Secretary in writing and provide reasons.

The performance review committee must keep confidential all information provided or disclosed to it under the Act or these regulations except to the extent that disclosure is—

• (a) required to enable the committee to carry out its obligations and duties under the Act or these regulations; or

• (b) otherwise compelled by a law other than the Act or these regulations.

The functions of the chairperson are to—

• (a) make such arrangements as are practicable to ensure the orderly and expeditious discharge of the function of the performance review committee; and

• (b) ensure to the extent practicable, that the meetings of the committee—

  • (i) consist of members who, collectively, meet the requirements of section 79(6) of the Act; and

  • (ii) have sufficient members to constitute a quorum.

(1) The chairperson must decide the dates, times, and method of the meetings of the performance review committee.

(2) The meetings of the performance review committee may be held—

• (a) by its members being assembled together at the time and place appointed for the meeting; or

• (b) by means of audio-visual or electronic communication.

(1) For the purpose of ensuring that the functions and powers of the chairperson are performed or exercised during any period when the chairperson is absent, incapacitated, or has a conflict of interest, the chairperson must ensure that at all times he or she has nominated a member of the performance review committee to serve as acting chairperson if the need arises.

(2) The fact that a person purports to perform or exercise, or to have performed or exercised, any function or power of the chairperson under a delegation or nomination is, in the absence of proof to the contrary, sufficient evidence of the person's authority to do so.

The quorum of the performance review committee is 3 members.

(1) If a member of the performance review committee has a conflict of interest in relation to any matter before the committee,—

• (a) the member must declare the conflict to the chairperson as soon as the member becomes aware of it; and

• (b) the member must step aside from any involvement in the matter if the chairperson considers the conflict of interest is likely to materially affect the member's impartiality.

(2) If the chairperson of the performance review committee has a conflict of interest in relation to any matter before the committee, the chairperson must—

• (a) declare the conflict to the Secretary; and

• (b) step aside from any involvement in the matter if the Secretary considers that the conflict is likely to materially affect the chairperson's impartiality.

An application under section 82 of the Act for a review of a decision of the Secretary must—

• (a) be in writing; and

• (b) specify the part or parts of the decision for which the review is sought; and

• (c) specify the grounds on which the application is made; and

• (d) be accompanied by a copy of the decision and any supporting statement, document, or information (if any).

(1) In conducting a review, the Review Authority—

• (a) must consider the application and any written submissions made by the person seeking the review; and

• (b) must consider any written submissions made by the Secretary; and

• (c) may consider any statement, document, information, or matter that in the Review Authority's opinion may assist the Authority to deal effectively with the subject of the review, whether or not it would be admissible in a court of law.

(2) The Review Authority may—

• (a) request further information from the Secretary or the person seeking the review; and

• (b) have regard to that information; and

• (c) specify a date by which the information must be provided; and

• (d) refuse to consider any information provided after that date.

As soon as practicable after making a decision on an application for review, the Review Authority must, in writing, give notice of the decision and the reasons for it to—

• (a) the person who sought the review; and

• (b) the Secretary.

A person who has made an application for review to the Review Authority may, at any time, withdraw the application by giving written notice to the Authority.