92 S e cti o n T w o – c iv il and politi cal rights only where he or she is of the view that a provision is require and the person does not have sufficient means to inconsistent with the BoRA (not may be) and the concept provide for that assistance”. New Zealand’s current legal of the BoRA inconsistency is triggered only where the aid system is administered by the Legal Services Agency limit placed on a right or freedom is not reasonable, under the Legal Services Act 2000, which grants legal parliamentarians are not advised through the section7 aid to those who are unable to pay for legal services. mechanism of those instances where the consistency of Legal aid is also available in many civil proceedings, a proposed measure with the BoRA is a matter of fine although the criteria to be met are stricter and include a judgment. requirement on the applicant to show reasonable grounds A key element in the overseeing of law-making is the active participation of civil society: people making for taking or defending the proceedings, and whether the repayment amount will exceed the cost of proceedings. 15 submissions, challenging proposals, and complaining Community law centres (CLCs) have lawyers who give when bills are too complex or difficult to understand (see free legal advice and in some cases can provide represen- the chapter on democratic rights). tation at court. 16 Tribunals and courts must consider human rights when Auckland Disability Law, set up in 2008, has specialised interpreting laws. 13 The courts do not have power to knowledge of the issues and law that particularly affect strike down acts of parliament that are inconsistent with disabled people, as well as being able to address the human rights standards. However, the Court of Appeal has barriers, including support needs and communication hinted at a willingness to make formal declarations where assistance, to enable disabled people to exercise their legislation is found to be inconsistent with the BoRA. Such legal rights and access justice. declarations would be in addition to a similar remedy available through the Human Rights Tribunal, in respect of section 19 of the BoRA (freedom from discrimination). The courts can go further with regulations and rule them invalid in some circumstances. 14 The Duty Solicitor Scheme provides representation free of charge for a person’s first appearance. Alternative disputes-resolution processes, such as mediation, are available in a number of specialist jurisdictions, such as employment and human rights. Civil disputes, which the parties themselves are unable to solve, should be re- Ministers and public officers at all lev- solved through established procedures els must exercise the powers without prohibitive cost and in a timely conferred on them reasonably, in good fashion faith, for the purpose for which the It is a corollary of the principle that everyone is bound by powers were conferred and without and entitled to the benefit of the law that people should exceeding the limits of such powers be able, in the last resort, to go to court to have their Openness and transparency enhances public confidence rights and liabilities determined. Although this sub-rule in the impartial administration of justice and ensures that refers specifically to civil claims, it applies equally to the public officers do not exceed the limits of their powers. criminal justice system. The OIA and the Local Government Official Information Section 24(f) of the BoRA guarantees anyone the right, and Meetings Act 1987 (LGOIMA) are useful tools to open when charged with a criminal offence, “to receive legal up the internal processes of government departments and assistance without cost if the interests of justice so other public bodies, in order to assess whether they are 13 Hosking & Hosking v Runting & Ors, [2004] NZCA 34; [2003] 3 NZLR 385 [2004] NZCA 34; [2003] 3 NZLR 385 14 Drew v Attorney-General [2001] 2 NZLR 428 15 Legal Services Act 2000, section 9 16 The CLCs are largely funded by interest from the trust (client) accounts of practising lawyers. With the economic downturn, it has been necessary for the Government to make substantial contributions to their running costs.