By Patrick Gower
The cost of justice is about to change, with the Government taking an axe to the legal aid system - which provides help for many of those who come before the courts.
The Government intends to cut $18 million from the legal aid budget each year, and it is signalling other cuts as well.
There will also be means testing and a new entrance fee for anyone involved in a family or civil case.
Martin Oraha has just been up on a drink-driving charge.
He says cutbacks to legal aid means if he faces charges again he might have to plead guilty - even if he is innocent.
“I'd just have to plead guilty, even though it was a false accusation. I’ll just have to plead guilty because I can't afford to get a lawyer,” he says.
The cuts are the work of Justice Minister Simon Power.
He is trying to contain a legal aid bill that has ballooned from $111 million a year to $172 million, in just three years – that is a 55 percent increase.
“Where previously we have operated an open cheque book policy across a range of jurist dictions, that has to stop,” says Mr Power.
So Mr Power’s main change is means testing and the bar is low.
If you are a single adult earning $22,000 a year or supporting a family while on the average wage of $50,000, then you will have to pick up the bill.
“If people have to plead for financial reasons for charges, for charges they don't think have committed, that kind of groundswell can have long term consequences for our community,” says Jonathan Temm, of the Law Society.
Mr Power says the state will still fund a duty solicitor or a truly expensive case.
Opponents say justice is about choice.
“Now you will have a lawyer foisted on you that you don't know or trust,” says lawyer Catriona McClennan.
Independent MP Hone Harawira has condemned the cuts.
“Anything that is gonna make poor people not get a lawyer is going to mean poor people don't get justice,” he says.
The other changes will include
- Expanding the public defence service to take over from "car boot" lawyers
- A $100 "user charge" for anyone who wants to take family and civil cases
- Tightening the use of "lawyer for child" and legal aid in family cases
“We've seen couples arguing in court over the length of a child's overseas holiday or who should pay for the petrol in a certain circumstance. That is not what this scheme is designed to do,” says Mr Power.
And now Mr Power continues a fight of his own - getting the legal profession to accept his reforms.
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