Legal Aid Disbursement Policy Review - Proposal for consultation
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Legal Aid Disbursement Policy Review Proposal for consultation
Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that chooses to rely upon the information. Published by the Ministry of Justice 2012 © Crown Copyright Ministry of Justice The Vogel Centre, 19 Aitken Street DX SX10088, Wellington, New Zealand T +64 4 918 8800 F +64 4 918 8820 E info@justice.govt.nz W www.justice.govt.nz
Contents
Introduction 4
Consultation process 4
Decisions and implementation 5
Disbursement Policy Review 6
Overview 6
Types of disbursements 6
Greater clarity and consistency of policy application 7
Information for legal aid providers 7
Invoicing 7
Agents’ fees 7
Approval process changes 7
Birth Certificate 7
Specialist Reports 7
Library fees 8
Rate changes 8
Photocopy rates 8
Office disbursements 8
Travel associated costs 9
Overview 9
Local and non-local travel 9
Travel time 9
Rental car 9
Use of personal car 10
Accommodation and meals 10
Disbursements policy – summary of proposed changes 11
iiiIntroduction
T he Ministry of Justice has carried out a review of the legal aid disbursement policy and is
seeking views on proposed changes.
The review is part of a suite of changes being made to the legal aid system in order to make it
more sustainable, improve the quality of service provided to people who are eligible for legal aid,
and better match public funding to New Zealanders' legal needs.
The intention of the disbursement policy review is to support consistency in the application of the
policy, simplify and streamline processes to make it easier for providers and staff to claim and
process disbursements, and to ensure that disbursements reflect the reimbursement of reasonable
costs.
The new policy applies to all law types.
Consultation process
The Ministry of Justice held informal meetings with representatives of the New Zealand Law Society
(NZLS), the Auckland District Law Society (ADLS) and the Waitangi Legal Aid Working Group in the
week beginning 23 April 2012.
We appreciate the time taken by those who attended these meetings and considered their views in
developing the proposals included in this document.
We are now interested in your views on the proposed changes to the disbursements policy.
To assist you with providing feedback on the proposed changes, we invite you to read this paper and
provide feedback on the form provided.
We are requesting feedback through the Criminal Bar Association (CBA), New Zealand Bar
Association (NZBA), NZLS, and ADLS on our proposals to change the existing policy. The proposals
will also be posted on the Ministry website on 8 May with a deadline for response by close of
business 25 May 2012.
This engagement paper and the feedback form is available at
http://www.justice.govt.nz/publications/global-publications/l/legal-aid-disbursements-policy-
review/legal-aid-disbursements-policy-review
If you wish you can send your feedback directly to the Ministry of Justice at
DisbursementPolicyReview@justice.govt.nz
Please provide all responses in a Word document.
4A general summary of submissions will be made available on the Ministry of Justice website in June
2012. Please note that your submission may become publicly available if a request for information is
made under the Official Information Act.
Please indicate on the feedback form if you consider any part of your submission should not be
disclosed to other parties.
Decisions and implementation
The final decision on the proposed changes, incorporating consideration of your feedback, will be
made available by the end of June 2012. The intention is to implement any changes arising from the
review in November 2012.
5Disbursement Policy Review
Overview
T he intent of the Disbursement Policy Review is to simplify and clarify the policy to make it
more consistent. We want to make it straightforward for legal aid providers to apply for
disbursements and for Ministry of Justice staff to process them.
The Review also looks at the disbursement rates to ensure that they reflect reimbursement of actual
and reasonable costs directly related to the case.
The disbursements policy applies to
• All cases not subject to a fixed fee arrangement, and
• Fixed fee cases where:
− An additional allocation of the disbursement built into the fixed fee is required to cover
actual and reasonable costs
− A disbursement not built into the fee is required.
This paper identifies proposed changes to the current legal aid disbursements policy.
All rates referred to in this document are GST exclusive.
Types of disbursements
There are two types of disbursement:
• Disbursements requiring prior approval via an amendment to the grant.
• Pre-approved disbursements are included in the maximum grant and do not require prior
approval.
All disbursements for Waitangi cases require prior approval. Refer to the Operational Policy for Legal
Aid for proceedings before the Waitangi Tribunal.
6Greater clarity and consistency of policy
application
Information for legal aid providers
Currently, information for providers about legal aid disbursements is contained in a number of
documents in the section on the Ministry of Justice website called “Information for legal aid
providers”.
The intention is to bring all the relevant information together in a single Disbursements Policy
document. Other documents, such as the Grants Manual, and the Operating Policy for Legal Aid for
proceedings before the Waitangi Tribunal, will refer to the Disbursements Policy.
Invoicing
Disbursements are claimed using the Ministry’s legal aid forms.
The Ministry will only pay claims for disbursements where:
• The disbursement has been actually incurred and can directly be attributed to the conduct of a
case,
• The disbursement is reasonable in the circumstances of the case, and
• The amount is comparable with similar disbursements in similar cases.
A disbursement invoice must be submitted on the appropriate form and include GST receipts. The
invoice must identify the supplier, date and description of service, type and amount as per good
accounting practice.
Agents’ fees
Agents’ fees were incorporated into the fixed fee for criminal cases and will be included in fixed fee
family cases and ACC cases from July 2012.
Providers may apply for additional funding via an amendment to the grant. However, if this is
approved, the additional agents’ fees will not be paid as a disbursement.
For clarification, where additional funding for agents’ fees is approved agents’ fees will be paid from
the additional hours approved on the grant of aid.
Approval process changes
Birth Certificate
Currently, providers are required to obtain prior approval before incurring this expense to obtain a
birth certificate in family (paternity) and some civil cases. Given the frequency and low value of this
disbursement, we are proposing that birth certificates be pre-approved for family and other civil
matters.
Specialist Reports
At present, specialist reports are pre-approved. In the Family Fixed Fee Review it was determined
that due to their high value all specialist reports should require prior approval via an application for
7an amendment to the grant. From July 2012, in family fixed fee cases, specialist reports will require
prior approval.
It is proposed that the prior approval requirement be applied to all cases and all law types, with two
exceptions:
• Restorative justice reports
• Medical specialist reports
These reports will continue to be pre-approved.
Library fees
Currently, providers are required to obtain prior approval before incurring any library fees. Given
the comparatively low value of this disbursement, it is proposed that library fees be pre-approved
for criminal, family, ACC and other civil law types.
Rate changes
Photocopy rates
The current reimbursement for photocopying is 20c per page.
Like many technology related costs, the per unit price has decreased over time. The cost of single
sided A4 black and white photocopying is now typically between 6c and 15c per page. Cost depends
on the number of copies and whether the copying is carried out by an external photocopy company
or copied on an in-house printer.
It is proposed that the reimbursement rate per page be reduced to 8c.
Office disbursements
Office disbursements include actual and reasonable office costs up to $100. This includes:
• Cell/phone calls
• Toll calls
• Facsimiles
• Photocopying
• Postage/courier costs
An allowance for office disbursements has been built into the fixed fee for criminal cases.
For non fixed fee cases, and for family and ACC law types, office disbursements will remain pre-
approved up to $100.
Previously, the $100 has been allocated per matter. In the Family and ACC fixed fee review it was
decided that this be applied per grant for these cases from July 2012.
To obtain additional funding for photocopying, faxes, cell phone calls, toll calls and postage and
courier fees, the provider must submit an amendment application.
8Travel associated costs
Overview
The Ministry recognises that from time to time it will be necessary for providers to undertake travel
outside their local area to:
• meet clients, witnesses and experts
• attend court and mediation hearings
• attend meetings between the parties
The Ministry will reimburse travel costs and time where:
• the travel arrangements can be directly attributed to the conduct of a case,
• the legally aided person is being held in a place of detention, including prisons, mental health
institutions and refugee detention centres,
• the travel destination is not local for the provider,
• non-reimbursement of travel costs would compromise the legally aided persons’ access to
justice, or
• in exceptional circumstances.
Local and non-local travel
‘Local’ refers to the centre of the large metropolitan city, provincial city, or town where the
provider’s normal place of work and the travel destination is located.
Travel to a court in another centre, for example, where the matter has been moved to another court
by the Judiciary/Courts will be considered non-local costs and will be reimbursed on an actual and
reasonable basis.
Currently travel costs are not reimbursed for travel in the provider's local area if they are less than
25 km and/or less than 30 minutes per leg from where the provider normally works (a return trip of
distances less than 50 kilometres and/or travel time less than 1 hour).
It is proposed that travel involving a return trip of distances less than 100 kilometres and/or travel
time less than 2 hours will be considered ‘local’ and travel costs will not be reimbursed and travel
time will not be paid.
However, Legal Services Regional Managers have the authority to enter into arrangements with local
providers to ensure adequate coverage of their region.
Travel time
There are currently three rates for travel time which are based on the provider’s experience level.
Three levels of experience are recognised.
The new single rate is based on the current travel time provider experience level 2 rate of $58 per
hour.
Rental car
Vehicles should only be rented when other means of transport are unavailable, more costly, or
impractical. The use of a rental vehicle must be justified as a business need and not as a matter of
personal convenience.
The Ministry proposes that the size of the vehicle rented be the most economical available and be
no greater than 1.6 litres.
9Use of personal car
Where non-local travel is required that can most practically and efficiently be undertaken using the
provider’s car, providers may claim mileage.
The rate for reimbursement is currently set at 73c per km. In line with current practice in the state
sector this will in future be pegged to the IRD rate. The IRD rate is currently 74c per km.
Accommodation and meals
Currently the cost of accommodation and meals while travelling is reimbursed separately for
breakfast, lunch, dinner and accommodation.
The Ministry proposes a more flexible approach by setting a daily reimbursement rate of up to $200
to cover the cost of all meals and accommodation.
10Disbursements policy – summary of proposed
changes
The changes suggested here are compared with the current policy below. All rates are GST exclusive.
DISBURSEMENT CURRENT POLICY SUGGESTED CHANGE
Accommodation and meals Prior approval required. Separate rate for meals and Prior approval required. Up to $200 per day for meals and
accommodation. accommodation
Meals:
• Breakfast – up to $15
• Lunch – up to $10
• Dinner – up to $30
Accommodation:
• Metropolitan city – $140 - $150
• Provincial city – $125 - $140
• Town – $125 - $140
Agent’s fees Pre-approved Agents’ fees are incorporated into the fixed fee for criminal
cases. From July 2012, an allowance for agents’ fees will be
11DISBURSEMENT CURRENT POLICY SUGGESTED CHANGE
built into the fixed fees for family and ACC cases. Providers
may apply for additional funding via an amendment to the
grant. However, if this is approved, the additional agents’
fees will not be paid as a disbursement. Agents’ fees will be
paid from the additional hours granted to the lead provider.
For non-fixed fee cases, any agents’ fees will be paid at the
agent’s legal aid rates and will no longer be paid as a
disbursement.
Birth Certificate Prior approval required Pre-approved
Fees Prior approval required Discontinued – subsumed under ‘Other disbursements’
Library Fees Prior approval required Pre-approved
Office disbursements: Pre-approved up to $100 per matter. Application for One pre-approved allocation per grant of up to $100 for
amendment required if additional funding sought. office disbursements for all law types except for criminal
• Cell phone calls fixed fee cases.
• Faxes To obtain additional funding for photocopying, faxes, cell
phone calls, toll calls and postage and courier fees, the
• Photocopying provider must submit an amendment application.
• Postage and courier fees
• Toll calls Photocopying: rate change from 20c to 8c per page copied.
Restorative Justice Reports Prior approval required Pre-approved
Specialist reports Pre-approved Specialist reports requiring prior approval
• Specialist report – valuations
• Specialist report – psychiatric (a new category in
addition to the report required under the Mental Health
Act)
• Specialist report – forensic
12DISBURSEMENT CURRENT POLICY SUGGESTED CHANGE
• Specialist report – other.
Specialist report – medical is pre-approved for family and
ACC matters.
Restorative justice reports are pre-approved for criminal
Travel - air, train, bus, taxi 1. Prior approval required. 1. Prior approval required.
2. Travel costs are not reimbursed for travel in the 2. Travel costs are not reimbursed for travel in the
provider's local area, ie less than 25 km and/or less provider's local area, ie less than 50 km and/or less than
than 30 minutes from where the provider normally 1 hour from where the provider normally works.
works.
3. Taxi - the maximum that can be claimed is $100 per day.
Travel - car rental Prior approval required Prior approval required, and the size of the vehicle should be
no greater than 1.6ltr.
Travel Distance Prior approval required Name change to “Use of Personal Car”
(Use of Personal Car) 73 cents per kilometre Prior approval required
Linked to IRD rates ( currently 74 cents per kilometre)
Travel Time – 1 Prior approval required Prior approval required.
Travel time to be paid at single rate - $58 per hour
Travel Time – 2
Travel Time – 3
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