Sasha Borissenko: The lawyers getting the bulk of legal aid payments

Tamaki Legal received the largest amount of government funding for legal aid in 2021/22. Photo / iStock

OPINION

Budget 2023 mentioned funding for the legal aid system. The bumps in funding were actually announced in last year’s budget, which promised an increase of $148.7 million across four years. So, the situation hasn’t changed.

In the last year I’ve highlighted the extensive court delays and problems associated with raising legal aid hourly rates by 12 per cent. Thanks to information gathered via the Official Information Act last year, the 12 per cent increase only affected 8 per cent of legal aid work.

Then there was the Criminal Process Improvement Programme (CPIP), which promised to reduce court delays, address underlying causes of offending, and improve access to justice.

Alas, one of CPIP’s policies could financially incentivise duty lawyers to have their clients enter guilty pleas. In addition to the $98 hourly rate for weekday hearings, duty lawyers could get $70 if defendants pleaded guilty, and $120 if clients entered a plea and were sentenced the same day. Big mistake. The policy was pulled.

It’s not to say lawyers would unethically use this policy, but it highlighted the fact they’re not paid enough. Word on the street is duty lawyers are at their wits end, with rates being pretty stagnant since 2006 - but that’s an issue for another column.

Rather than harp on about the dire state of legal aid, let’s look at who is getting the bulk of legal aid work. The Ministry of Justice releases legal aid payments made to approved providers, including those claimed on behalf of other approved providers, every year.

This list gives an indication of how the total $210.8m legal aid fees between July 2021 and June 2022 were distributed.

Tamaki Legal in Auckland came out on top with $3.17m. The Auckland-based firm has represented claimants in the Waitangi Tribunal inquiries, including the East Coast inquiry, the Wairarapa inquiry, the National Park inquiry, the Whanganui inquiry, Te Rohe Potae inquiry, and the Te Urewera inquiry, among others.

Lance Lawson saw $1.92m. It has offices in Rotorua and Mount Maunganui. Sadly the firm’s website is under maintenance so information is scarce.

Thode Utting & Co took home $1.84m. With offices in Albany, Puhoi, and Whangarei, the firm of barristers and solicitors specialise in criminal law, traffic offences, appeals and litigation.

Next up is Woodward Chrisp Lawyers with $1.78m. Based in Gisborne, the firm has been going strong since 1884. The team of 21 solicitors specialise in property, wills, trusts and estates, business law, family law, litigation, employment and criminal law.

Formerly Ebborn law, Portia came in fifth with $1.53m. The family law firm has offices in Timaru, Christchurch, and Blenheim. It specialises in care in children matters, divorce or separations, protection orders, immigration law, estates, employment and enduring powers of attorney. Fixed prices are guaranteed, its website says.

A total of $1.50m passed through Mātai Chambers. The Auckland-based chambers specialise in criminal and public law, with a focus on criminal defence and prosecution, fraud and white collar crime.

Te Mata Law saw a sum of $1.42m. The Auckland-based firm specialises in Waitangi Tribunal work, Māori and civil litigation, immigration, survivors of abuse in state care, sponsorship and Treaty settlement negotiations. Interestingly, Te Mata Law’s website highlights the injustice of those denied credit for their efforts serving in the Māori battalion and offers recourse for family members.

Bean Law Limited took home $1.30m. Based in Hamilton, the boutique firm specialises in criminal, family, trusts, legal aid and appeals.

Next up is Bill Nabney who is based in Tauranga. The barrister saw a total of $1.29m. If my calculations are correct, this is the first individual identified in the list. Other individuals included: Auckland’s Philip Hamlin - Barrister with $1.01m, Anselm Williams - Barrister in Christchurch with $919,302, and Kaikohe’s Daniel Watkins Barrister and Solicitors Ltd with $912,225.

Then there’s Craig G Tuck in Mount Maunganui, who saw $910,683, and Eric Forster - Barrister in Hastings, with $903,342.

An honourable mention goes to Wanaka’s KM Barker - Barrister, who took home just $75 in legal aid fees and Inland Revenue, with $71,474. The average sum across the 1355 legal aid providers was $155,545. Breaking the numbers down by region, the bulk of legal aid work is coming out of Auckland, with a total of $64.3m.

It should be mentioned the fees included general office costs, travel costs, and fees for agents, expert witnesses, forensic tests, interpreters and special reports.