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

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—

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

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.

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.

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

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.

This regulation is subject to regulations 6A and 6B.

This regulation applies to an applicant who—

The Secretary may waive the requirement for the applicant’s relevant experience to be recent experience if the Secretary is satisfied that the applicant meets the relevant experience and competence requirements in all other respects.

The Secretary may require the applicant to provide proof (in addition to that required by any other provision of these regulations) of the applicant’s current legal knowledge and experience.

This regulation applies to an applicant who—

The Secretary may waive 1 or more relevant experience and competence requirements to allow the applicant to act—

Before waiving a requirement under subclause (2), the Secretary—

The Secretary may require the applicant to provide any information that the Secretary considers necessary to determine the application, including either or both of the following:

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

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.

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.

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

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.

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.

In this regulation, work samples includes any—

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.

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.

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.

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.

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.

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

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

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.

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

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 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.

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

When assessing any application, a selection committee—

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.

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—

The functions of the chairperson are to—

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.

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

A meeting of a selection committee may be held—

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.

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.

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

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

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.

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—

The functions of the chairperson are to—

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

The meetings of the performance review committee may be held—

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.

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.

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

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

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

In conducting a review, the Review Authority—

The Review Authority may—

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 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.