MARTELEY v THE LEGAL SERVICES COMMISSIONER [2013] NZHC 2748

MARTELEY v THE LEGAL SERVICES COMMISSIONER [2013] NZHC 2748

The Court held that when assessing interests of justice under s 8(1)(c)(ii) the requirements of s 8(2)(a)(viii) are satisfied if the applicant's grounds of appeal disclose matters which, if established, could lead to the appeal being allowed; the Commissioner was found to have erred in failing to take into account the factors identified in paragraphs 55-57, and the questions raised are of general and public importance and should be certified to the Court of Appeal.

Citation
[2013] NZHC 2748
Parties
Appellant/respondent: Todd Aaron Marteley; Respondent/applicant: The Legal Services Commissioner; Respondent/applicant: Legal Aid Tribunal
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 October 2013
Procedural Posture
Application for Leave to Appeal Under the Legal Services Act 2011 / Leave Application / Certification to Court of Appeal
Outcome
Leave to appeal granted; two questions of law certified for the Court of Appeal.
Legal Topics
Interests of Justice, Threshold for Criminal Legal Aid, Statutory Interpretation, Certification for Appeal
Administrative Law Criminal Legal Aid Public Law Appeals Interests of Justice Threshold for Criminal Legal Aid Statutory Interpretation Certification for Appeal

Case Brief

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Parties

Todd Aaron Marteley

Appellant/respondent

The Legal Services Commissioner

Respondent/applicant

Legal Aid Tribunal

Respondent/applicant

Procedural Posture

Application for Leave to Appeal Under the Legal Services Act 2011 / Leave Application / Certification to Court of Appeal

Legal Issues

  1. 1 Whether, when considering the interests of justice under s 8(1)(c)(ii) of the Legal Services Act 2011, the requirements of s 8(2)(a)(viii) are satisfied if the grounds of appeal disclose matters which, if established, would be capable of leading to the appeal being allowed
  2. 2 Whether the Commissioner erred by failing to take into account the factors set out in paragraphs [55]-[57] of the judgment

Ratio Decidendi

The Court held that when assessing interests of justice under s 8(1)(c)(ii) the requirements of s 8(2)(a)(viii) are satisfied if the applicant's grounds of appeal disclose matters which, if established, could lead to the appeal being allowed; the Commissioner was found to have erred in failing to take into account the factors identified in paragraphs 55-57, and the questions raised are of general and public importance and should be certified to the Court of Appeal.

Court Disposition

Leave to appeal granted; two questions of law certified for the Court of Appeal.

Orders

  • Grant leave to appeal
  • Certify the two questions of law for the Court of Appeal