Blackstone Chambers

Wellington and Auckland, New Zealand

Marteley v The Legal Services Commissioner

Supreme Court
  • 5 May 2015
  • [2015] NZSC 127, [2016] 1 NZLR 633

In a unanimous decision the Supreme Court has allowed the appeal and restored the order made in the High Court that Mr Marteley receive legal aid for his conviction appeal. Moreover, the ability to grant legal aid in circumstances where no merit is apparent is not confined to exceptional cases as was previously held to be the case under legislation that preceded the 2011 Act. There is a statutory right to appeal against criminal convictions, and the function of the legal aid system is not to indirectly filter this right in respect of impecunious appellants.




Press Release by the Supreme court.
SEE PRESS RELEASE




SEE JUDGMENT
SEE COURT OF APPEAL JUDGMENT SEE HIGH COURT JUDGMENT

Prof Mads Andenæs, Faulty of Law University of Oslo, and Ex Chairperson of the UN Working Group on Arbitrary Detention in 2018 described Dr Ellis as the most important legal practitioner bringing cases to the UN human rights treaty bodies, and also an outstanding legal scholar.

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