LAWS OF TUVALU

PEOPLE'S LAWYER (FEES) REGULATIONS

LN No. 5 of 2012

MADE UNDER SECTION 7(B) OF THE PEOPLE'S LAWYER ACT

Commencement [1st January, 2013] 

1 Citation and commencement 

These Regulations may be cited as the People's Lawyer (Fees) Regulations and shall come into effect on 1 January 2013. 

2 Definitions 

An "exempt person" under these Regulations means a Tuvalu citizen who: 

(a) has earned less than $4,000 in the 12 month period preceding the date of the application; and 

(b) has assets (excluding land) of less than $1,000. 

3 Fees 

(1) Subject to regulation 4(3), the People's Lawyer shall charge a fee for his service;

Provided that the People's Lawyer shall not charge any person a fee in respect of an initial visit. 

(2) A person who is a Tuvalu citizen shall be charged the amount of the fee prescribed under Schedule 1. 

(3) A Tuvaluan business, governmental or non profit organisation shall be charged two times the amount of the fee prescribed under Schedule 1. 

(4) A person who is not a Tuvalu citizen shall be charged three times the amount of the fee prescribed under Schedule 1. 

(5) An overseas business, governmental or non profit organisation shall be charged five times the amount of the fee prescribed under Schedule 1. 

4 Application for fee waiver 

(1) An exempt person may submit an application to the People's Lawyer for a waiver of the fee prescribed under Schedule 1. 

(2) An application for a waiver of fee must be accompanied by a declaration as to means in the form prescribed in Schedule 2. 

(3) The People's Lawyer shall consider and determine the application for a waiver of fee and make his decision known to the applicant. 

(4) A person aggrieved by the decision of the People's Lawyer may apply to the High Court under section 5 of the People's Lawyers Act. 

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SCHEDULE 1

Fees
(Regulation 3(2))

Legal Service	Amount ($)	
		
1. Criminal Cases		
		
Appointment fee and general advice
	$20 per hour	
Legal representation		
(a) High Court & Court of Appeal	$20 per hour	
(b) Senior Magistrate's Court	$10 per hour	
(c) Island Court	$10 per hour	
		
2. Civil Cases		
		
Appointment fee and general advice	$20 per hour	
		
Legal representation		
		
(a) Court of Appeal 	$30 per hour	
(b) High Court 	$20 per hour	
(c) Senior Magistrate Court	$10 per hour	
(d) Lands Court and Lands Appeal Panel	$10 per hour	
(e) Island Court	$10 per hour	
(f) Any other tribunal	$10 per hour	
		
3. Drafting		
		
Drafting of employment contracts, constitutions, wills, lease agreements, tenancy agreements or any other legal instruments	$20 per hour	
		
4. Clerical service		
		
Service of Documents	$10	

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SCHEDULE 2

(Regulation 4(2))

DECLARATION AS TO MEANS

I ...........................................of .............................., solemnly and sincerely declare that: 

1. I am a citizen of Tuvalu. 

2. I have earned less than $4,000 in the last 12 month period. 

3. I have less than $1,000 in assets (not including land). 

4. I have _________________________children whom I am supporting. 

5. I am unable to pay any legal fees. 

I realise that I may be liable to prosecution for a false statement made in a declaration. 

 …………………… 
 (Applicant) 

 ……………………. 
 (Date) 

…………………….....…......................... 
Commissioner of Oath/Senior Magistrate