COVID-19 ALERT LEVEL 2 UPDATE
From 18 May 2020 and at Level 2 of the COVID-19 Alert level, the office of the Legal Aid Tribunal / Authority will re-open to the public by appointment only. The Tribunal will continue to receive and process new matters and submissions sent via email. Decisions that have been finalised will be released and all matters that can proceed on the papers will be advanced.
Parties are encouraged to send documents via email in the first instance, followed by hard copies as necessary, sent by courier or post.
You can ask the Legal Aid Tribunal to review decisions the Legal Services Commissioner made about legal aid.
Before you apply to the tribunal, you must first ask the Commissioner to reconsider the original decision.
You can only ask for a review when the Commissioner’s decision is clearly unfair (or ‘manifestly unreasonable’), wrong in law, or both. You can’t apply for a review if you just disagree with the decision.
You can ask for a review of decisions about:
You can ask for a review if you think the Commissioner:
You can’t apply for a review if you just disagree with the decision.
A decision is manifestly unreasonable if it’s shown ‘clearly and unmistakably’ that the Agency’s decision ‘went beyond what was reasonable or was irrational or logically flawed’ (Legal Services Agency v Fainu  17 PRNZ 433).
A decision is wrong in law if it derives from an inaccurate application or interpretation of a statute, or is wrong in principle, or if a decision-maker has failed to take into account some relevant matter or takes into account some irrelevant matter, or if the decision depends on findings that are unsupported by the evidence (Legal Services Agency v Fainu  17 PRNZ 433).
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