New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Write-off of legal aid debt

  • 26 Mar 2015

    JONATHAN EDWARD PARKER v THE LEGAL SERVICES COMMISSIONER [2015] NZHC 524

    Citation
    [2015] NZAR 637
    Court
    High Court

    On these appeals the Court held: (1) the Tribunal did not err in law or act manifestly unreasonably in upholding the Commissioner's decision refusing to write off Parker's legal aid debt — the debt was modest, not presently payable, and Parker did not establish serious hardship or that write‑off would be just and equitable; (2) the Tribunal erred in law in concluding the Agency owed a private law duty of care supporting a negligence claim for its decisionmaking/delay — the Agency's function was quasi‑judicial within a statutory scheme that provides repeal/reconsideration/review remedies, and…

    • Duty of care to applicants for public benefits
    • Negligent decision‑making by statutory bodies
    • Write‑off of legal aid debt
    • Manifestly unreasonable standard
    • Prospects of success test for legal aid
    • Appeal on question of law

  • 30 Jun 2008

    NICHOLSON V LEGAL SERVICES AGENCY HC AK CIV 2008-404-000880

    Citation
    openlaw-978d3a1f_f6f1_4d3f_819a_d1234e11b255.pdf
    Court
    High Court

    The Review Panel considered the appellant's financial and personal circumstances and did not err in law; repayment was not shown to cause hardship and justice and fairness did not require write-off; consequently the High Court will not overturn the Panel's factual assessment on appeal limited to questions of law and the appeal is dismissed.

    • Write-off of legal aid debt
    • Statutory land charge
    • Hardship under s 37
    • Justice and fairness
    • Appeal on question of law
    • Enforcement of debt