Information for duty lawyers
This section has resources for duty lawyers and includes information about the operation of the duty lawyer service and the responsibilities of duty lawyers.
Instructions for duty lawyers on bail matters
Download instructions on bail matters (PDF 13KB)
What you need to know about duty lawyer roster administration
The duty lawyer service is administered either by:
- the local Legal Aid Office for courts that have no Public Defence Service
- the Initial Criminal Legal Services Unit for courts where the Public Defence Service is present.
The ICLS Unit is based at the Manukau Public Defence Service office.
How to seek admission to duty lawyer rosters
Courts with no Public Defence Service presence
Duty lawyers seeking admission to a court with no PDS presence must apply to the local Legal Aid Office who can provide information on the current local roster vacancy situation.
Courts with the Public Defence Service
Duty lawyers seeking admission to a court with the Public Defence Service must register their interest with the Initial Criminal Legal Services Unit, which will provide information on the current roster vacancy situation. Email enquiries to: duty.lawyer@justice.govt.nz Ongoing admission to rosters at courts with PDS is controlled by a roster admission policy.
Download roster admission policy (PDF 135KB)
Roster selection criteria
Duty lawyers should note that approval as a duty lawyer does not guarantee a place on a duty lawyer roster.
Reformed duty lawyer rosters are in place at district courts where the Public Defence Service operates. The duty lawyer changes, including Public Defence Service duty lawyer supervisors, are designed to ensure defendants receive a consistent high-quality duty lawyer service.
Court duty lawyer rosters are being reformed alongside expansion of the Public Defence Service. Before the reform process begins at a court, local duty lawyers are sent information about the changes and can apply for sessions on the new roster. Applicants are assessed against a set of selection criteria.
Download selection criteria (PDF 50KB)
Duty Lawyer Service operational policy
The policy outlines:
- duty lawyers’ responsibilities, including with regard to legal aid applications
- attendance requirements and arranging duty lawyer replacements
- supervision of the service and the role of the Public Defence Service
- payment requirements, including submission of invoices/claims forms, duty lawyer payment rates
- specific duty lawyer arrangements in place at courts with PDS.
Duty lawyer instructions for courts where the Public Defence Service operates
Different duty lawyer arrangements have been put in place alongside the establishment of the PDS.
Court-specific duty lawyer instructions cover administrative aspects of the duty lawyer service:
Auckland (PDF 66KB)
Dunedin (PDF 120KB)
Hamilton (PDF 537KB)
Manukau (PDF 64KB)
Napier and Hastings (PDF 90KB)
North Shore (PDF 111KB)
Papakura and Pukekohe (PDF 69KB)
Tauranga (PDF 87KB)
Waitakere (PDF 72KB)
Wellington, Lower Hutt and Porirua (including rostering policy for Upper Hutt) (PDF 97KB)
