2000-2001 Maori L. Rev. 1 (2000-2001)

handle is hein.journals/maori2000 and id is 1 raw text is: February 2000
Mao La Review

LEGAL AID AND MAORI                           1
Change of status-General land to Maori land  3
Environment Court-geothermal resource       5
Ngati Tfirangitukua Claims Settlement Act 1999  7
Hauraki Gulf Marine Park Act 2000           7
Te Ture Whenua Maori Amendment Bill /       8
Maori Land Amendment Bill
Recent speeches on Maori issues & policy    9
Correction: in Dec 1999/Jan 2000 p3 the Review dealt
with Proprietors of Mangakino Township Inc v Hemi &
Poukani 2. The proceedings involved an application by
the trustee for review of the trust, of which the
incorporation was the trustee. The application by Mr
Hemi to remove the incorporation as trustee was joined
to the application for review. Accordingly, the first bullet
point should read:
 By agreement, the Incorporation resigned as responsible
Trustee and was to be replaced by two individual persons
appointed by the court.

Tom Bennion
PO Box 11 310
Wellington, New Zealand
Phone: (04) 473 5755
Fax   (04) 473 5755
Email: bennion@actrix.gen.nz
Geoff Melvin
Web Site:

North American Sales:
Gaunt Inc
3011 Gulf Drive
Holmes Beach
Florida 34217-2199, USA
Phone: 914 778 5211
Fac   9147785252
Email: info@gaunt~com
 CopyrightTom Bennion 2000
This issue may be cited as:
Maori LR Feb 2000
ISSN 1172-8434

The Justice and Law Reform Select Committee is currently
considering the Legal Services Bill, which was referred
to it on 5 October last year. If enacted, the bill will
bring significant changes to the administration and delivery
of legal aid but otherwise will largely leave the status
quo intact. Importantly, the proposed bill continues the
philosophy underpinning the current Act by which legal
aid is regarded as a loan that an applicant is required to
repay by way of contributions. Similarly, the bill does
not change the eligibility criteria for legal aid. If the
Bill is enacted, legal aid granted under the Legal Services
Act 1991 will not be affected. However, the new legislation
will apply to an existing application to the extent (if
any) that the application has not been dealt with before
the new legislation takes effect.
Under the bill, the Legal Services Board will undergo a
name change and become the Legal Services Agency,
managed by a board of up to six members. As with the
present Legal Services Board, one board member of the
new Agency will be appointed in consultation with the
Minister of Maori Affairs. The Bill will also abolish legal
services districts and the legal services district committees,
which currently oversee the granting of legal aid
applications by court registrars (in the case of criminal
legal aid) and legal services district subcommittees (in
the case of civil legal aid). Instead, the administration
of legal aid applications will be centralised within the
new Legal Services Agency itself.
Another significant new feature is that legal services will
only be delivered by listed providers approved to provide
those services, or by officers employed by the Agency
(akin to a public defenders' office), or by a bulk provider.
The Agency will be responsible for establishing and
organising a list of approved providers in whatever way
it considers convenient. The present Legal Aid Review
Authority will also be replaced with a new Legal Aid
Review Panel, comprising a mix of legally and non-legally
qualified members who will review specific Agency
decisions relating to legal aid applications and grants.
The bill largely preserves the current provisions that
relate to Maori land and to Waitangi Tribunal claimants
seeking legal. A summary of these provisions follows.
Legal aid continues to be available to a Waitangi Tribunal
claimant who has submitted a claim on behalf of a group
of Maori, including the claimant. Before granting legal
aid, the Legal Services Agency must be satisfied that:

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