Clark open to increasing legal aid fees

Prime Minister Helen Clark is open to the possibility of increasing legal aid payments after the Law Society said good lawyers were turning away such cases because they could not afford to do the work.

On Newstalk ZB, Helen Clark said that, on the face of it, there did appear to be a large difference between market and legal aid rates.

The hourly rate for junior crown solicitors is $141, and legal aid lawyers $100 to $135. Senior crown solicitors are paid $216 an hour, and legal aid lawyers $130 to $165.

Crown solicitors are paid up to $143 an hour for travel, but legal aid lawyers get only $70.

"If they are saying their rates haven't increased for a number of years - and I am not in a position to say whether that is right or wrong: if they're putting their names to that, it probably is right - it's something we should look at," the Prime Minister said.

Any change would be a Budget item, she said.

"The bottom line is, the legal aid system was introduced so people get a fair hearing in court."

Law Society president Chris Darlow said last week that the lower payments could be contributing to miscarriages of justice.

This month, a report by retired High Court judge Sir Thomas Thorp said that up to 20 people might be wrongly imprisoned in New Zealand.

There were ongoing shortages of criminal lawyers in Whangarei, Thames, Feilding and Blenheim and a shortage of family lawyers in Rotorua, Tauranga and Ruatoria.

Last month, the Law Society sent a letter to Justice Minister Mark Burton urging a full review of legal aid rates.

It said pay rates were still at 1996 levels and needed reviewing annually. They should be matched to those of crown solicitors.

The society said rates for cases in the civil, family or criminal jurisdictions should be the same.

It also warned that unless rates were increased, access to justice would be curtailed.

The rates were particularly problematic in criminal cases, where defence counsel were paid so much less than prosecutors that the principle of the right to a fair trial was compromised.

- NZPA