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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 CONTENTS LEGAL AID AND MAORI 1 MAORI LAND COURT & APPELLATE COURT Change of status-General land to Maori land 3 OTHER COURTS AND TRIBUNALS Environment Court-geothermal resource 5 PARLIAMENT 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. Editor/Publisher: Tom Bennion PO Box 11 310 Wellington, New Zealand Phone: (04) 473 5755 Fax (04) 473 5755 Email: bennion@actrix.gen.nz Research: Geoff Melvin Web Site: www.kennettco.nz/maorilaw/ 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 LEGAL AID AND MAORI 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 FOR CLAIMANTS IN THE WAITANGI TRIBUNAL 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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