About applications
About applications
This section covers the following:
- Who can apply for a review?
- What decisions can be reviewed?
- Does it cost anything to apply?
- How do I apply?
- Is there a time limit to apply?
- Can I make a late application?
- What is the application process?
- What can I do if I disagree with the Authority's decision?
- How do I withdraw my application?
- Can I appoint someone to represent me?
- Who can act as a representative?
- What responsibilities do I have as an applicant?
Who can apply for a review?
If you are an approved provider, or an applicant for approval, you can apply to the Review Authority.
What decisions can be reviewed?
The Secretary for Justice's decisions about:
- declining your application for approval to provide one or more legal aid services or specified legal services
- imposing any condition on your approval to provide one or more legal aid services or specified legal services
- imposing any interim restriction on your approval to provide legal aid services or specified legal services
- imposing any sanction after an investigation by the Performance Review Committee
- cancelling your approval to provide legal aid services or specified legal services.
Does it cost anything to apply?
There is no fee to apply to the Review Authority.
How do I apply?
To make an application to the Review Authority, you must complete an Application for Review (PDF, 1.5 Mb) form.
You can fill out the form and submit it by email, or complete it by hand and post it to the Authority.
If you submit the form by email you will also need to attach an electronic copy of the original decision and copies of any other information you want to provide to the Authority, as all documents must be submitted with the application. All documents must be in English and in .pdf format.
You should provide documents to support your application but you cannot submit any information that was not made available to the Secretary for Justice at the time the decision was made.
Is there a time limit to apply?
Your application must be received within 20 working days of the date on which you were notified of the Secretary for Justice’s decision.
Can I make a late application?
In exceptional circumstances, you can ask the Authority to give you an extension when you apply for a review. There is a space in the Application for Review form for you to explain why the Tribunal should consider your application even if it is late. You must file your late application no later than three months after being told of the Secretary for Justice's decision.
What is the application process?
An application for review goes through the following stages.
Registration
Your application will be checked for completeness and validity to determine whether it can be accepted.
If your application is incomplete or invalid it will be returned to you.
If accepted, a copy is sent to the Secretary for Justice who will be invited to make submissions on the matters raised in your application and include any relevant documents. You will be given an opportunity to respond to any submission made by the Secretary for Justice.
Pre-hearing
The Review Authority may ask for further information from you, or the Secretary for Justice, to help it to make its decision. When this happens everyone involved will get a copy of the request and the information provided, and has the opportunity to respond.
Hearing on the papers
The Review Authority does not hold hearings or hear oral submissions – it must make a decision based on the papers.
Decision
The Review Authority will send you and the Secretary for Justice a copy of its written decision.
The Review Authority can confirm, change, or reverse the Secretary for Justice’s decision. The Authority’s decision is binding.
What can I do if I disagree with the Authority's decision?
There is no right of appeal under the Legal Services Act 2011. The Review Authority’s decision is binding on all parties.
How do I withdraw my application?
You can withdraw your application at any time before a decision is made, but you must do so in writing. You can use the Withdrawal of Application (PDF, 936 Kb) form.
Can I appoint someone to represent me?
You have the right to appoint a representative to act for you. They will need to have written authority to act on your behalf.
If a person acts for you without written authority, the Review Authority will inform the Secretary for Justice, which may affect the person’s provider status. He or she may also make a complaint to the New Zealand Law Society.
Your representative can file the application on your behalf. Normally when you do this all communication about your application is sent to your representative if they agree. However, they can decide not to do this and you are then responsible for keeping your representative informed of any communications you receive from the Authority.
Who can act as a representative?
Anyone can act as your representative provided they have your written authority to do so.
What responsibilities do I have as an applicant?
During the review, you have a responsibility to let the Review Authority know if there are any changes to:
- your representative
- your postal address, or
- any of your other contact details
If any of these things change you will need to write to the Authority with the new details.
