21 Aug 2015
TODD AARON MARTELEY v THE LEGAL SERVICES COMMISSIONER [2015] NZSC 127
- Citation
- [2015] NZSC 127
- Court
- Supreme Court
Supreme Court held that the Commissioner may consider apparent merits and may refuse legal aid for appeals that are devoid of merit, but an affirmative finding of merit is not a precondition to grant; 'grounds of the appeal' permits only a preliminary/formal check for an arguable basis and merits assessment beyond that threshold is primarily for the court; applying s 8 balancing and material facts the Commissioner's refusal was unreasonable and legal aid for the conviction appeal was restored.