Legal Services Act 2000

1: Title
This Act is the Legal Services Act 2000.
2: Commencement
1: This Act (except section 116
2: Section 116
1: Preliminary provisions
3: Purpose of Act
The purpose of this Act is to promote access to justice by—
a: providing a legal aid scheme that assists people who have insufficient means to pay for legal services to nonetheless have access to them; and
b: providing other schemes of legal assistance; and
c: supporting community legal services by funding community law centres, education, and research.
4: Interpretation
1: In this Act, unless the context otherwise requires,— Agency section 91 aided person
a: means a person who is or has been granted legal aid under this Act or the former Act; and
b: includes a person whose grant of legal aid has been withdrawn under section 27 approved scheme auditor Board section 94 capital Schedule 1 civil proceedings
a: proceedings under the Marriage Act 1955 Adoption Act 1955 Care of Children Act 2004 Domestic Actions Act 1975 Property (Relationships) Act 1976 Family Proceedings Act 1980 the Domestic Violence Act 1995 subparts 5 7 8 9
b: proceedings under the Children, Young Persons, and Their Families Act 1989
c: despite paragraph (b), proceedings under Part 2 section 14(1)(e) community legal services cost of services
a: the fees of, or charges attributable to, the lead provider, as approved for payment under section 75
b: the fees of, or charges attributable to, any other listed provider who acted on the matter, as approved for payment under section 75
c: the disbursements claimed by the lead provider and any other listed provider who acted on the matter, as approved for payment under section 75 criminal proceedings
a: proceedings on an application made under any of sections 54 68 121
b: proceedings before a District Court Judge under section 88
c: proceedings for contempt under section 84O
d: proceedings before a District Court Judge under the Extradition Act 1999 disposable capital Schedule 1 duty solicitor scheme section 46 former Act grant of legal aid income Schedule 1 interim repayment section 15(1) lawyer section 6 lead provider legal aid scheme Part 2 legal service list legal services
a: in relation to legal aid, means legal advice and representation; and includes assistance—
i: with resolving disputes other than by legal proceedings; and
ii: with taking steps preliminary or incidental to any proceedings; and
iii: in arriving at or giving effect to any out-of-court settlement that avoids or brings to an end any proceedings:
b: in relation to a community law centre, includes—
i: legal advice and representation (including the kinds of assistance described in subparagraphs (i) to (iii) of paragraph (a)); and
ii: the provision of legal information and law-related education; and
iii: undertaking law-reform and advocacy work on behalf of the community it serves:
c: in relation to anything else, includes all the things specified in paragraphs (a) and (b), unless otherwise specified Legal Services Board listed provider maximum grant mentally disordered section 2(1) Minister offender output agreement section 10 PDLA scheme section 49 prescribed manner prescribed repayment amount sections 17(1) 18 proceeds of proceedings
a: any money or property to which the aided person is entitled under a judgment or out-of-court settlement relating to the proceeding; and
b: any costs awarded or payable to the aided person under a judgment or out-of-court settlement relating to the proceedings property proposed care recipient section 6(4) proposed patient section 2A repayment section 15(2) Review Panel section 62 scheme
a: the legal aid scheme:
b: the duty solicitor scheme:
c: the PDLA scheme:
d: an approved scheme Special Fund section 289(1) transition date 2001 victim
a: means—
i: a person against whom an offence is committed by another person; and
ii: a person who, through, or by means of, an offence committed by another person, suffers physical injury or loss of, or damage to, property; and
iii: a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
iv: a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
b: despite paragraph (a), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
i: that offence; or
ii: an offence relating to the same incident or series of incidents as that crime or offence victims' claims proceedings section 7(1)(q)
2: In this Act, a reference to an application by to
3: In this Act, and in any regulations made under it, references to such things as fees, charges, disbursements, grants, and rates, are references to those things GST inclusive.
4: For the purposes of the definitions of offender victim child immediate family incapable offence young person section 4 1991 No 71 ss 2, 47, 49A(1), 95(2), 155 Section 4(1) aided person substituted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) capital inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) civil proceedings amended 1 April 2007 section 127(4)(a) Weathertight Homes Resolution Services Act 2006 Section 4(1) civil proceedings amended 1 July 2005 section 151 Care of Children Act 2004 Section 4(1) civil proceedings amended 27 November 2002 section 64(1) Weathertight Homes Resolution Services Act 2002 Section 4(1) civil proceedings amended 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 4(1) contribution repealed 1 March 2007 section 4(1) Legal Services Amendment Act 2006 Section 4(1) cost of services inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) criminal proceedings amended 30 June 2002 section 186 Sentencing Act 2002 Section 4(1) disposable income repealed 1 March 2007 section 4(1) Legal Services Amendment Act 2006 Section 4(1) income inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) interim repayment inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) lawyer substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 4(1) offender inserted 17 February 2010 section 4(1) Legal Services Amendment Act 2009 Section 4(1) output agreement inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(1) prescribed repayment amount inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) proposed care recipient inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) proposed patient inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) purchase agreement repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(1) repayment inserted 1 March 2007 section 4(2) Legal Services Amendment Act 2006 Section 4(1) Special Fund substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 4(1) transition date amended 4 June 2005 section 66(1) Prisoners’ and Victims’ Claims Act 2005 Section 4(1) victim inserted 17 February 2010 section 4(1) Legal Services Amendment Act 2009 Section 4(1) victims' claims proceedings added 4 June 2005 section 66(2) Prisoners’ and Victims’ Claims Act 2005 Section 4(4) added 17 February 2010 section 4(2) Legal Services Amendment Act 2009
5: Act binds the Crown
This Act binds the Crown.
2: Legal aid and other schemes
When legal aid may be granted
6: Proceedings for which legal aid may be granted: criminal matters
Legal aid may be granted in respect of the following criminal matters:
a: criminal proceedings in a District Court, a Youth Court, the High Court, the Court of Appeal, or the Supreme Court
b: appeals to the Judicial Committee of the Privy Council in criminal proceedings, where the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of criminal legal aid is desirable in the public interest:
c: proceedings—
i: before the New Zealand Parole Board under section 27 section 65 section 107
ii: in the High Court on an application under section 68 1991 No 71 s 4 Section 6(a) amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 6(c) substituted 30 June 2002 section 125 Parole Act 2002
7: Proceedings for which legal aid may be granted: civil matters
1: Legal aid may be granted in respect of the following civil matters:
a: civil proceedings in a District Court or a Family Court:
b: civil proceedings in the High Court , the Court of Appeal, or the Supreme Court
c: appeals to the Judicial Committee of the Privy Council in civil proceedings in any case where—
i: the applicant has succeeded in the Court of Appeal and is the respondent in the appeal to the Privy Council, if the grant of aid is approved by the Minister; or
ii: the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of aid is desirable in the public interest:
d: proceedings commenced by way of application in a Youth Court under Part 7
e: in any case where the Agency considers that the case is one that requires legal representation (having regard to the nature of the proceedings and to the applicant's personal interest) and considers that the applicant would suffer substantial hardship if aid were not granted, proceedings in—
i: the Maori Land Court; or
ii: the Maori Appellate Court; or
iii: the Employment Court; or
iv: the Employment Relations Authority; or
v: any administrative tribunal or judicial authority (not being a tribunal or an authority in respect of any decision from which an appeal lies to any of the bodies referred to in any of paragraphs (f) to (j)):
f: proceedings before the Waitangi Tribunal:
g: proceedings before the Social Security Appeal Authority:
h: proceedings before the Tenancy Tribunal:
i: proceedings before a body established under section 63(1)(a)(i) and Tenancy Matters section 62
j: proceedings before the Immigration and Protection Tribunal, as established by the Immigration Act 2009 sections 194(1) 195 section 162
k: the processing, under Part 5
l: any proceedings before the District Court or High Court following an application made under section 316 324
m: any appeal or review proceedings (as defined in section 4
ma: any proceedings or application under or in relation to the Immigration Act 1987 Immigration Act 2009
n: all applications, submissions, and appeals under the Resource Management Act 1991
o: all applications, submissions, and appeals to any Council or body in any case where an appeal in relation to its decision lies to the Environment Court:
p: proceedings before the tribunal Weathertight Homes Resolution Services Act 2006
q: proceedings before a Tribunal under subpart 2
1A: To avoid any doubt, subsection (1)(e)(v) applies, without limitation, to the following proceedings:
a: an inquest held by a coroner for the purposes of Part 3
b: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)
2: Paragraphs (n) and (o) of subsection (1) do not restrict any other paragraph of that subsection.
3: Despite subsection (1), but subject to subsection (4)(e), legal aid is not available in proceedings under Part 4
a: that the unusual complexity of the case requires that the applicant be legally represented; or
b: that the applicant would suffer substantial hardship if aid were not granted.
4: Despite subsection (1), legal aid is not available in any of the following proceedings:
a: relator actions:
b: election petitions under the Electoral Act 1993
c: petitions for inquiry under the Local Electoral Act 2001
d: proceedings incidental to any proceedings mentioned in any of paragraphs (a) to (c):
e: proceedings under section 37
f: any appeal to the Immigration and Protection Tribunal against a decision concerning a residence class visa under section 187 section 18C
g: any appeal to the Immigration and Protection Tribunal on humanitarian grounds against liability for deportation by a person liable for deportation under section 154 Part 2
h: proceedings before a Commission of Inquiry under the Commissions of Inquiry Act 1908 1991 No 71 s 19 Section 7(1)(b) amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 7(1)(i) amended 1 July 2006 section 5(2)(e) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Section 7(1)(j) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(k) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(l) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(m) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(ma) inserted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(p) added 27 November 2002 section 64(2) Weathertight Homes Resolution Services Act 2002 Section 7(1)(p) amended 1 April 2007 section 127(4)(b) Weathertight Homes Resolution Services Act 2006 Section 7(1)(p) amended 1 April 2007 section 127(4)(c) Weathertight Homes Resolution Services Act 2006 Section 7(1)(q) added 4 June 2005 section 67 Prisoners’ and Victims’ Claims Act 2005 Section 7(1A) inserted 17 February 2010 section 5 Legal Services Amendment Act 2009 Section 7(4)(c) amended 1 July 2001 section 151 Local Electoral Act 2001 Section 7(4)(f) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(4)(g) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 7(4)(h) added 1 March 2007 section 5(2) Legal Services Amendment Act 2006
8: When legal aid may be granted: criminal matters
1: The Agency may grant legal aid to an applicant in respect of proceedings to which section 6
a: the applicant is a natural person charged with or convicted of an offence; and
b: it appears to the Agency that the applicant does not have sufficient means to enable him or her to obtain legal assistance; and
c: either—
i: the offence to which the application relates is punishable by a maximum term of imprisonment of 6 months or more; or
ii: it appears to the Agency that the interests of justice require that the applicant be granted legal aid.
2: When considering whether or not the interests of justice require that the applicant be granted legal aid, the Agency must have regard to—
a: whether the applicant has any previous conviction; and
b: whether the applicant is charged with or convicted of an offence punishable by imprisonment; and
c: whether there is a real likelihood that the applicant, if convicted, will be sentenced to imprisonment; and
d: whether the proceedings involve a substantial question of law; and
e: whether there are complex factual, legal, or evidential matters that require the determination of a court; and
f: whether the applicant is able to understand the proceedings or present his or her own case, whether orally or in writing; and
g: in any proceeding to which section 6(c)
h: in respect of an appeal, the grounds of the appeal.
3: When considering whether or not the interests of justice require that the applicant be granted legal aid, the Agency may have regard to any other circumstances that, in the opinion of the Agency, are relevant.
4: When determining whether or not an applicant has sufficient means to enable him or her to obtain legal assistance, the Agency must have regard to the applicant's income and disposable capital.
5: Subsection (1)(c)(i) does not apply in respect of—
a: an appeal; or
b: a proceeding to which section 6(c)
6: Despite subsection (1)(a), the Agency may not grant legal aid to a child or a young person (as those terms are defined in section 2(1) Section 8 substituted 1 March 2007 section 6 Legal Services Amendment Act 2006
9: When legal aid may be granted: civil matters
1: The Agency must, subject to this section and sections 10 11 section 7
a: a natural person, whether resident in New Zealand or not; or
b: a trustee corporation (as defined in section 2(1)
2: The Agency must refuse to grant legal aid to an applicant whose income or disposable capital exceed the relevant thresholds prescribed in regulations made under this Act, unless the Agency is satisfied that there are special circumstances having regard to—
a: the likely cost of the proceedings to the applicant; or
b: the applicant's ability to fund the proceedings if legal aid is not granted.
3: The Agency must refuse to grant legal aid if the applicant has not shown that the applicant has reasonable grounds for taking or defending the proceedings or being a party to the proceedings.
4: The Agency may refuse to grant legal aid to an applicant in any of the following circumstances:
a: the Agency is unable to obtain full information concerning the applicant's financial affairs because of the default or failure of the applicant:
b: in the opinion of the Agency, the prescribed repayment amount will exceed the likely cost of the proceedings for which legal aid is sought:
c: the applicant is not resident in New Zealand and the Agency considers that the proceedings might reasonably be brought in a jurisdiction other than New Zealand:
d: in the case of original proceedings,—
i: the applicant's prospects of success are not sufficient to justify the grant of legal aid; or
ii: the grant of legal aid is not justified, having regard to the nature of the proceedings and the applicant's interest in them (financial or otherwise), in relation to the likely cost of the proceedings; or
iii: for any other cause where it appears unreasonable or undesirable that the applicant should receive legal aid in the particular circumstances of the case:
e: in the case of an appeal (whether or not in respect of proceedings in which the applicant has received legal aid), the Agency considers that for any reason the grant of legal aid or further legal aid is not justified.
5: The Agency may refuse to grant legal aid to an applicant in respect of any original proceeding under an enactment specified in Schedule 4
6: In determining under subsection (5) whether a grant of legal aid is not justified, the Agency must have regard to—
a: any previous proceedings in the matter to which the application relates; and
b: any personal protection issues such as (without limitation) any orders relating to domestic violence, protection of personal property rights, compulsory treatment, or compulsory care; and
c: the interests and welfare of any other person who may be affected by the outcome of the proceedings; and
d: whether there are any complex factual, legal, or evidential matters that require the determination of a court; and
e: whether it is in the public interest that legal aid be granted.
7: To avoid doubt, legal aid in respect of civil proceedings is not available to any body of persons, whether corporate or unincorporate, except as provided in subsection (1) and section 42
8: Subsections (2) and (4)(a) and (b) do not apply to—
a: applications for legal aid in respect of victims' claims proceedings; or
b: applications for legal aid by a victim in respect of—
i: an inquest held by a coroner for the purposes of Part 3
ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)
c: applications for legal aid by a person of a class specified in regulations as exempted from the application of subsections (2) and (4)(a) and (b); or
d: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of subsections (2) and (4)(a) and (b).
9: Subsections (1), (2), and (4)(a) do not apply to applications for legal aid under section 42
10: Subsection (4)(d)(i) does not apply to original proceedings under an enactment specified in Schedule 4
11: The Agency may grant legal aid to an applicant in respect of a civil proceeding under the Criminal Proceeds (Recovery) Act 2009
12: In considering whether or not the interests of justice require that an applicant be granted legal aid under subsection (7), the Agency must have regard to—
a: whether there are any serious consequences for the applicant if legal aid is not granted; and
b: whether there are any complex factual, legal, or evidential matters in the proceeding that require the applicant to be legally represented.
13: Subsections (3) and (4) do not apply to an application for legal aid in respect of a civil proceeding under the Criminal Proceeds (Recovery) Act 2009 Section 9 substituted 1 March 2007 section 6 Legal Services Amendment Act 2006 Section 9(8) substituted 17 February 2010 section 6 Legal Services Amendment Act 2009 Section 9(11) added 1 December 2009 section 209 Criminal Proceeds (Recovery) Act 2009 Section 9(12) added 1 December 2009 section 209 Criminal Proceeds (Recovery) Act 2009 Section 9(13) added 1 December 2009 section 209 Criminal Proceeds (Recovery) Act 2009
10: Other situations where legal aid refused or limited: civil matters
1: Subject to subsection (2)
a: proceedings involving a decision under the Immigration Act 2009
i: is unlawfully in New Zealand in terms of that Act; or
ii: is lawfully in New Zealand only by being the holder of a temporary entry class visa granted under that Act; or
iii: is not in New Zealand and—
A: is not a New Zealand citizen; or
B: does not hold a residence class visa granted under that Act:
b: proceedings involving a decision or matter under the Immigration Act 1987
i: was unlawfully in New Zealand in terms of that Act; or
ii: not having been granted legal aid for the purpose of any particular proceedings in New Zealand before the person arrived in New Zealand, was lawfully in New Zealand only by virtue of being the holder of a temporary permit or a limited purposes permit.
2: Subsection (1)
a: proceedings referred to in subsection (1)(b) section 2(1)
b: proceedings specified in section 7(1)(j) to (ma)
3: The Agency must refuse to grant legal aid to an applicant who applies for legal aid in connection with a civil proceeding in which he or she is concerned in a representative, fiduciary, or official capacity, unless it appears to the Agency that,—
a: if proceedings were brought, the court would be likely to order that the cost of the proceedings be paid out of any property, estate, or fund; and
b: if that happened, the property, estate, or fund would be diminished or extinguished by the order and any person beneficially interested would suffer hardship as a result.
4: If an applicant applies for legal aid in connection with a matter in which numerous persons have the same interest, and the rules of court permit the applicant to sue or be sued on behalf of all those persons, then the Agency must refuse to grant legal aid if it is satisfied that—
a: the refusal of legal aid to the applicant would not seriously prejudice the rights of the applicant; or
b: it would be proper for the other persons having the same interest to pay for the proceedings.
5: If an applicant has the right, according to the rules of court, to be joined with others as plaintiff in 1 action because a common question of law or fact arises, then the Agency may grant legal aid to the applicant that is limited to the proceedings necessary to preserve the applicant's right to relief.
6: In this section, rules of court 1991 No 71 ss 28(3), 70(1), 71 Section 10(1) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 10(2) substituted 29 November 2010 section 406(1) Immigration Act 2009
11: Legal aid not available to insured or indemnified persons
A person who has any form of indemnification or insurance in respect of the legal costs of bringing or defending any proceedings is not entitled to legal aid in respect of those proceedings, unless or until the person has exhausted any benefits available under the indemnification or insurance. 1991 No 71 s 88 Application and grant
12: Application for grant of legal aid
1: An application for a grant of legal aid—
a: must be made in the prescribed manner to the Agency; and
b: must include a statement of financial means in a form prescribed by the Agency; and
c: must, subject to subsection (2), be made before the final disposition.
2: An application for a grant of legal aid may be made after the final disposition only if—
a: the Agency receives the application within 15 working days from the date of the final disposition; and
b: the Agency is satisfied that—
i: the application was delayed because of circumstances beyond the control of the applicant and the listed provider, and those circumstances could not have been reasonably anticipated; and
ii: the applicant and the listed provider took all reasonable steps to apply before the final disposition.
3: In this section, final disposition Section 12 substituted 1 March 2007 section 8 Legal Services Amendment Act 2006
13: Special provisions relating to minors and mentally disordered persons
1: A minor aged 16 or over may apply for legal aid in respect of a civil matter in his or her own right; and despite any enactment or rule of law,—
a: if a grant is made, is personally liable for any repayment
b: is personally liable for any costs that the court orders the person to pay; and
c: may, unless the court directs otherwise, sue or be sued without a guardian ad litem
2: An application for legal aid in respect of a civil matter for a person who is aged under 16 or is mentally disordered must be made by a person of full age and capacity.
3: If the rules of court require proceedings to be brought or defended by a next friend or guardian ad litem ad litem
4: An application for civil legal aid in respect of a person who is aged under 16 or is mentally disordered must be accompanied by an undertaking by the person making the application that he or she will pay any repayment
5: The Agency may waive any of the requirements or conditions set out in subsections (2) to (4). 1991 No 71 ss 64–66, 68 Section 13(1)(a) amended 1 March 2007 section 9(1) Legal Services Amendment Act 2006 Section 13(4) amended 1 March 2007 section 9(2) Legal Services Amendment Act 2006
14: Decision on application for legal aid
1: On an application for legal aid, the Agency may, in respect of the whole or any part of the proceedings or appeal,—
a: grant legal aid to the applicant; or
b: grant legal aid on an interim basis pending further consideration of the application; or
c: request further information from the applicant, the proposed lead provider, or both; or
d: decline the application.
2: When granting legal aid (other than on an interim basis), the Agency—
a: must specify the conditions, as described in section 15
b: must identify the lead provider
c: may specify a maximum grant.
3: This section does not apply to applications under section 42 1991 No 71 ss 7, 11(2), 17, 25, 33 Section 14(2)(b) amended 1 March 2007 section 10 Legal Services Amendment Act 2006
15: Conditions on grant of legal aid
1: A grant of legal aid may be subject to a condition that the aided person must pay to the Agency an interim repayment of a specified amount calculated in accordance with section 17
2: Every grant of legal aid is subject to the condition that the aided person must pay to the Agency a repayment calculated in accordance with section 18
3: A grant of legal aid may be subject to a condition that the aided person must authorise a charge to be registered in favour of the Agency over specified property of the aided person as security for the interim repayment, repayment, or both.
4: The Agency may lodge a caveat under section 137
5: Subsection (1), the provisions of subsection (3) relating to a charge as security for payment of an interim repayment required by a condition referred to in subsection (1), and subsection (4)—
a: do not apply to the maximum grant under section 20(4)
b: apply to an amendment under section 24(4) section 20(4)
6: This section does not apply to—
a: applications for legal aid under section 42
b: applications for legal aid by the proposed patient in proceedings under the Mental Health (Compulsory Assessment and Treatment) Act 1992
c: applications for legal aid by the proposed care recipient in proceedings under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 ; or
d: applications for legal aid by a victim in respect of—
i: an inquest held by a coroner for the purposes of Part 3
ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)
e: applications for legal aid by a person of a class specified in regulations as exempted from the application of this section; or
f: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of this section. Section 15 substituted 1 March 2007 section 11 Legal Services Amendment Act 2006 Section 15(6)(c) amended 17 February 2010 section 7 Legal Services Amendment Act 2009 Section 15(6)(d) added 17 February 2010 section 7 Legal Services Amendment Act 2009 Section 15(6)(e) added 17 February 2010 section 7 Legal Services Amendment Act 2009 Section 15(6)(f) added 17 February 2010 section 7 Legal Services Amendment Act 2009
16: Special provisions about conditions on grants to persons involved in proceedings under Domestic Violence Act 1995
1: In this section, person A Part 2 Part 3
2: A grant of legal aid made to person A is not subject, and may not be made subject, to any of the conditions referred to in subsections (1), (2), or (3) of section 15
3: The Agency may impose any of the conditions in subsections (1), (2), or (3) of section 15
4: If a grant of legal aid to person A is in respect of proceedings that involve matters in addition to proceedings under the Domestic Violence Act 1995
5: If the Agency proposes to impose conditions under subsection (4), it must—
a: consider any representations by person A concerning the proportion of the grant that should not be subject to conditions; and
b: determine what proportion of the grant is subject to conditions, and what those conditions are; and
c: advise person A of its decision, and explain how it decided what proportion of the grant should be subject to conditions. 1991 No 71 ss 49A, 49B
17: Interim repayments payable
1: If an interim repayment is payable under a grant of legal aid, the Agency must determine the amount of the interim repayment by having regard to the prescribed repayment amount set by regulations made under this Act.
2: The Agency may require an aided person to start making interim repayments at any time after legal aid has been granted. Section 17 substituted 1 March 2007 section 12 Legal Services Amendment Act 2006
18: Amount of repayment payable
1: This section sets out the repayment payable by an aided person under section 15(2)
2: The repayment payable if the proceeds of proceedings are less than the cost of services is determined by—
a: adding the proceeds of proceedings and the prescribed repayment amount; and
b: subtracting from the amount obtained under paragraph (a)—
i: the amount (if any) by which it exceeds the cost of services; and
ii: any interim repayment paid by the aided person; and
iii: any deductions allowed by the Agency in accordance with this Act or any regulations made under this Act.
3: The repayment payable if the proceeds of proceedings equal or exceed the cost of services is the cost of services minus—
a: any interim repayment paid by the aided person; and
b: any deductions allowed by the Agency in accordance with this Act or any regulations made under this Act.
4: The repayment payable if there are no proceeds of proceedings is the lesser of—
a: the cost of services minus—
i: any interim repayment paid by the aided person; and
ii: any deductions allowed by the Agency in accordance with this Act or any regulations made under this Act:
b: the prescribed repayment amount minus the amounts referred to in paragraph (a)(i) and (ii).
5: The prescribed repayment amount referred to in subsection (2)(a) is zero in respect of victims' claims proceedings.
6: Subsection (4) does not apply to victims' claims proceedings. Section 18 substituted 1 March 2007 section 12 Legal Services Amendment Act 2006
19: Lead providers
If more than 1 listed provider provides services under a grant of legal aid, any obligation of the Agency to pay or to communicate with a person providing services under the grant is owed only to the lead provider, and not to any other provider. 1991 No 71 s 17
20: Maximum grant
1: A grant of legal aid may specify a maximum grant, which is the amount of legal aid that is authorised under the grant.
2: A maximum grant may be expressed in any way. For example, it may refer to a total dollar amount, or a maximum number of hours, or a period within which the aid must be provided, or any combination of these or any other specifications.
3: When determining a maximum grant, the Agency may take into account any delay on the part of the applicant in applying for legal aid and the reason for the delay.
4: However, every grant of legal aid in respect of victims' claims proceedings (as defined in section 4(1) 1991 No 71 ss 11, 22(3), 35 Section 20(4) added 4 June 2005 section 70 Prisoners’ and Victims’ Claims Act 2005 After legal aid is granted
21: Lead provider in civil proceedings to notify other parties
1: When a party to civil proceedings is granted legal aid, the lead provider under the grant must at once give notice of that fact to every other party to the proceedings, and to the Registrar of the relevant court.
2: If any other person subsequently becomes a party to the proceedings, the lead provider must give an equivalent notice to the new party.
3: If the grant of legal aid is withdrawn, the lead provider under the grant must notify all other parties to the proceedings of that fact. SR 1991/293 r 34
22: Agency to be notified of change in circumstances
1: An aided person (and any person acting for an aided person as a lawyer, next friend, guardian ad litem
a: any increase in the income or disposable capital of (or being treated as being of) the aided person by an amount that could affect the aided person's eligibility for legal aid:
b: any change to the address of the aided person (and the person acting for the aided person, if applicable).
2: A person applying for legal aid (in this section, the applicant
a: any increase in the income or disposable capital of (or being treated as being of) the applicant by an amount that could affect the applicant's eligibility for legal aid:
b: any change to the applicant's address.
3: A person who is no longer an aided person, but who becomes aware that he or she, while an aided person, received an increase in his or her income or disposable capital that could have affected his or her eligibility for legal aid, must notify the Agency of that fact as soon as practicable.
4: For the purposes of subsection (1), an aided person is deemed to have waived any legal professional privilege that might otherwise prevent a person acting for the aided person from complying with subsection (1). Section 22 substituted 1 March 2007 section 13 Legal Services Amendment Act 2006
23: Agency to keep aided person informed
1: The Agency must give notice to an aided person of the conditions of his or her grant of legal aid—
a: when the grant is first made; and
b: whenever the aided person asks for such a notice; and
c: whenever any material change is made to the conditions; and
d: when the repayment payable (as determined under section 18
e: when an amendment is made to the maximum grant of legal aid.
2: Every notice under subsection (1) must include—
a: a statement of any amounts currently owing by the aided person, whether as an interim repayment or a repayment; and
b: details of any charges held, or to be taken, by the Agency over property of the aided person; and
c: advice to the person about how to seek—
i: a reconsideration of the Agency's decision, under section 29
ii: an examination of the cost of services, under section 38
iii: a review of the Agency's decision, under section 54 1991 No 71 s 81 Section 23(1)(d) substituted 1 March 2007 section 14(1) Legal Services Amendment Act 2006 Section 23(1)(e) added 1 March 2007 section 14(1) Legal Services Amendment Act 2006 Section 23(2)(a) substituted 1 March 2007 section 14(2) Legal Services Amendment Act 2006
23A: Private mediation
1: In this section, private mediation
a: ordered by a court; or
b: part of a court process or proceeding; or
c: part of a dispute resolution process under any enactment.
2: The Agency may fund legal services related to private mediation in respect of any matter for which legal aid may be granted under section 7
a: the matter is suitable for private mediation; and
b: there is a reasonable likelihood that private mediation will resolve the dispute or part of the dispute. Section 23A inserted 1 March 2007 section 15 Legal Services Amendment Act 2006
24: Application for amendment to grant of legal aid
1: An application for an amendment to a grant of legal aid—
a: must be made by either the aided person or the listed provider; and
b: must be made in the prescribed manner to the Agency; and
c: must, subject to subsection (2), be made before the final disposition.
2: An application for an amendment to a grant of legal aid may be made after the final disposition only if—
a: the Agency receives the application within 15 working days from the date of the final disposition; and
b: the Agency is satisfied that—
i: the application was delayed because of circumstances beyond the control of the applicant and the listed provider, and those circumstances could not have been reasonably anticipated; and
ii: the applicant and the listed provider took all reasonable steps to apply before the final disposition.
3: Following an application for amendment to a grant of legal aid, the Agency may confirm the grant or amend it in any manner consistent with this Act and any regulations made under it.
4: However, the Agency may, on an application under this section, amend the maximum grant under section 20(4) section 9(2)
5: The Agency may, in either or both of the following circumstances, refuse to amend under subsection (4) the maximum grant under section 20(4)
a: the Agency is unable to obtain full information concerning the applicant's financial affairs, because of the default or failure to the applicant:
b: if, in the opinion of the Agency, the prescribed repayment amount will exceed the likely cost of the proceedings.
6: In this section, final disposition Section 24 substituted 1 March 2007 section 16 Legal Services Amendment Act 2006
25: Withdrawal of, or amendment to, grant of legal aid: criminal matters
In relation to a criminal matter, the Agency may at any time—
a: withdraw legal aid from, or amend a grant of legal aid to, an aided person if—
i: the Agency is satisfied that the aided person has sufficient means to enable the person to obtain legal assistance and representation; or
ii: the Agency considers that the interests of justice no longer require that legal aid be given to the person; or
iii: the aided person requests it; or
b: amend the conditions on a grant of legal aid (other than the condition referred to in section 15(2) Section 25 substituted 1 March 2007 section 17 Legal Services Amendment Act 2006
26: Withdrawal of, or amendment to, grant of legal aid: civil matters
1: The Agency must withdraw legal aid granted in respect of a civil matter in any of the following circumstances:
a: the grant of legal aid includes a condition that the aided person pay an interim repayment, and payment of that interim repayment is—
i: more than 21 days in arrears; or
ii: unpaid by any date to which the Agency has extended the time for paying the interim repayment:
b: the grant of legal aid is subject to a condition that the aided person authorises a charge to be registered over specified property, and the aided person has not so authorised the charge within 15 working days of the date on which the Agency asked the person to do so:
c: the Agency becomes aware that the aided person was not entitled to legal aid because subsection (1) of section 10
2: In relation to a civil matter, the Agency may at any time
a: the aided person is no longer a person who would be entitled to that grant of legal aid, by virtue of any of the provisions of sections 9 10 11
b: the Agency is satisfied that the proceedings in respect of which legal aid was granted have been disposed of:
c: the Agency is satisfied that the aided person has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense to the Agency, or has required unreasonably that the proceedings be continued:
d: the Agency considers that the aided person no longer has reasonable grounds for taking, defending, or being a party to the proceedings, or that it is unreasonable or undesirable in the particular circumstances for the person to continue to receive legal aid:
e: the Agency is satisfied that the aided person has, in relation to any application by that person relating to legal aid,—
i: intentionally or negligently made an untrue statement about that person's resources, or has failed to disclose any material fact concerning them, whether the statement was made or the failure occurred before or after the aid was granted; or
ii: intentionally contravened or failed to comply in any respect with this Act or with regulations made under this Act:
f: the aided person requests that the grant of legal aid be withdrawn.
3: In relation to a civil matter, the Agency may at any time amend the conditions on a grant of legal aid (other than the condition referred to in section 15(2) 1991 No 71 s 53 Section 26(1)(a) substituted 1 March 2007 section 18(1) Legal Services Amendment Act 2006 Section 26(2) amended 1 March 2007 section 18(2) Legal Services Amendment Act 2006 Section 26(3) added 1 March 2007 section 18(3) Legal Services Amendment Act 2006
27: Withdrawal of grant
1: This section applies when the Agency proposes (other than with the agreement, or at the request, of the aided person) to withdraw a grant of legal aid, under section 25 section 26
2: A grant of legal aid must not be withdrawn until—
a: notice of intention to withdraw the grant has been given to the aided person and the lead provider; and
b: the aided person has been given a reasonable opportunity under the notice to make submissions on why the grant should not be withdrawn in the manner indicated; and
c: the Agency has considered any submission by or on behalf of the aided person.
3: If a grant is withdrawn, the Agency must immediately notify the aided person and the lead provider of—
a: the date on which the withdrawal takes effect, which must be a date on or after the date on which the Agency reasonably believes the aided person will receive the notice; and
b: the reasons for the withdrawal; and
c: the aided person's rights to seek a reconsideration under section 29 section 54 Section 27 substituted 1 March 2007 section 19 Legal Services Amendment Act 2006
28: Consequences of withdrawing legal aid
1: The withdrawal of legal aid does not affect—
a: the aided person's obligations arising out of the conditions of the grant; or
b: the Agency's rights to enforce those obligations; or
c: the Agency's obligations to pay for the services provided under the grant before the date of its withdrawal.
2: If legal aid is withdrawn from an aided person because of an increase in the person's income or disposable capital, the Agency may recover from the aided person any amount paid or payable by the Agency under the grant (less any interim repayment already paid by the person) in respect of the period—
a: beginning on or after the date on which the person first received the increase to the person's income or disposable capital that has affected entitlement to legal aid; and
b: the date of withdrawal of legal aid.
3: Any amount recoverable by the Agency under subsection (2) is to be treated for all purposes as if it were a repayment payable by the aided person to the Agency.
4: If legal aid is withdrawn from a person who was receiving aid from a listed provider, the listed provider has the right to recover from the aided person the difference between the amount paid or payable by the Agency under this Act and the full amount of that provider's fees and disbursements.
5: The Agency is not obliged to pay for any services provided to an aided person after the date on which legal aid is withdrawn. 1991 No 71 ss 53(4), 59, 60, 61 Section 28(2) substituted 1 March 2007 section 20 Legal Services Amendment Act 2006 Section 28(3) substituted 1 March 2007 section 20 Legal Services Amendment Act 2006 Reconsideration
29: Reconsideration
1: An aided person, or an applicant for legal aid, who is aggrieved by a decision of the Agency that affects the person, may apply to the Agency for a reconsideration of the decision.
2: When the Agency receives an application for a reconsideration, the decision must be reconsidered by a person other than the person who made the original decision, and the person doing the reconsideration may take into account any new or additional information supplied by the person applying for the reconsideration.
3: The Agency may decline to reconsider a decision if the Agency has already reconsidered that decision or a decision relating to substantially the same issue. 1991 No 71 s 63 How agency may enforce conditions of grant
30: Amount payable by aided person to Agency
At any time, the total amount payable to the Agency by an aided person under the conditions of a grant is—
a: the amount of interim repayments
b: if the proceedings have concluded, the amount of repayment payable (if any), determined in accordance with section 18 Section 30(a) amended 1 March 2007 section 21(1) Legal Services Amendment Act 2006 Section 30(b) amended 1 March 2007 section 21(2) Legal Services Amendment Act 2006
31: Amounts payable under conditions of grant are debts due to Agency
1: An amount payable to the Agency as a condition of a grant of legal aid (whether as an interim repayment or a repayment) is a debt due to the Agency, and may be recovered in any court or tribunal of competent jurisdiction.
2: Interest that is payable under section 35A
3: The Agency may, by agreement with the aided person, make whatever arrangements (including any adjustments to those arrangements) it considers appropriate for the payment by the aided person of any amount payable under a grant of legal aid, or any other debt payable to the Agency by the aided person.
4: In making any arrangements under subsection (3), the Agency must have regard to the following principles:
a: any debt that is to be paid from the aided person's income should be paid by the aided person within 5 years from when the debt arises:
b: any debt that is to be paid from the aided person's income and capital should be paid by the aided person within 7 years from when the debt arises.
5: Despite subsection (4), the Agency may, after having regard to the principles in that subsection, make whatever arrangements it considers appropriate in the circumstances. Section 31 substituted 1 March 2007 section 22 Legal Services Amendment Act 2006
31A: Agency may adjust rate of payment of debt, etc
1: The Agency may, in accordance with this section,—
a: adjust the rate of payment of a debt by an aided person; or
b: require an aided person to commence or recommence payment of a debt.
2: The Agency must not make a decision under subsection (1)(a) or (b) unless—
a: the Agency considers, in light of new information, that the decision is justified; and
b: reasonable efforts to reach agreement with the aided person have failed.
3: No adjustment to the rate of payment of a debt may be made until the Agency—
a: notifies the aided person in writing of its intention to make the adjustment; and
b: provides the aided person with reasons for the proposed adjustment; and
c: gives the aided person a reasonable opportunity to make submissions on why the adjustment should not be made in the manner indicated; and
d: considers any submissions by the aided person.
4: The Agency may not require an aided person to commence or recommence payment of a debt until the Agency—
a: notifies the aided person in writing of its intention to require the aided person to commence or recommence payment of the debt; and
b: provides the aided person with reasons why payment of the debt should commence or recommence; and
c: gives the aided person a reasonable opportunity to make submissions on why the person should not commence or recommence payment of the debt in the time indicated; and
d: considers any submissions by the aided person.
5: If the Agency decides to adjust the rate of payment of a debt or require an aided person to commence or recommence payment of a debt, the Agency must notify the aided person in writing of—
a: its decision; and
b: the aided person's right to seek a reconsideration under section 29 section 54
c: the date on which the decision takes place (which must be no earlier than the day after the date that the Agency reasonably believes the aided person will receive notice under this subsection). Section 31A inserted 1 March 2007 section 22 Legal Services Amendment Act 2006
32: Charges on proceeds of proceedings
1: The proceeds of proceedings to which a grant of legal aid relates are subject to a charge in favour of the Agency for the amount of—
a:
b: the repayment payable under the grant.
2: Subsection (1) operates to create a charge even if the grant of legal aid in respect of the relevant proceedings has been withdrawn.
3: A charge created by this section on any damages or costs does not prevent a court from allowing them to be set off against other damages or costs in a case where a solicitor's lien for costs would not prevent it.
4: A charge created by this section may be registered,—
a: in the case of land, against that land in accordance with the Statutory Land Charges Registration Act 1928
b: in the case of any other property, against that property in accordance with the Chattels Transfer Act 1924 Personal Property Securities Act 1999 Motor Vehicle Securities Act 1989
5: Subsection (1) does not apply to property returned, transferred, or granted to an aided person as a result of proceedings before the Waitangi Tribunal. 1991 No 71 ss 40, 41, 42, 59 Section 32(1)(a) repealed 1 March 2007 section 23 Legal Services Amendment Act 2006
33: Agency may exempt property from charge
1: The Agency may, on application by an aided person, exempt any property that is part of the proceeds of proceedings from being subject to a charge under section 32
2: The Agency may exercise its power under subsection (1) if it considers that, having regard to the value or nature of the property and all other relevant circumstances, it would be just and equitable to do so.
3: Any application for exemption must be made within 20 working days (or such longer time as the Agency, on application, allows) of the date of the judgment or out-of-court settlement giving rise to the proceeds of proceedings.
4: On receipt of an application for exemption, the Agency must—
a: decide whether to exempt the whole or any part of the property specified in the application, or any other property; and
b: advise the aided person of the decision, and of the aided person's right to apply for a reconsideration under section 29 section 54 1991 No 71 s 45
34: Transfer of charge
1: If any property of an aided person is subject to a charge, the Agency may, if it considers that it would be unjust or unreasonable to require immediate payment of the amount charged, enter into an agreement with the aided person for the release of all or part of the property from all or part of the charge.
2: An agreement under subsection (1) may provide for all or part of the charge to attach to any other property of the aided person, and may be subject to conditions.
3: An agreement under this section has the effect of—
a: releasing from the charge any property agreed to be released from the charge; and
b: subjecting any property agreed to be subject to a charge to the charge as agreed. 1991 No 71 s  49
35: Enforcement of charge
1: In order to recover a debt due under a grant of legal aid, the Agency may enforce, in any manner that would be available if the charge had been given between the parties, a charge—
a: registered in compliance with a condition of the grant imposed under section 15(3)
b: arising by operation of section 32
2: A transfer or act done with the intention, or having the effect, of defeating a charge referred to in subsection (1) is void as against the Agency, except where the transfer or act is to or in favour of a purchaser in good faith for value who, at the time of the transfer or act, had no notice of the charge. 1991 No 71 s 43
35A: Interest on unpaid legal aid debt
1: The Agency may require an aided person who defaults on the payment of a debt due to the Agency to pay interest on the entire unpaid debt in respect of the period during which the aided person is in default.
2: Any interest charged by the Agency under subsection (1) must be at the rate specified in regulations made under this Act. Section 35A inserted 1 March 2007 section 24 Legal Services Amendment Act 2006
36: Aided person to enforce judgment or out-of-court settlement
1: An aided person must take all steps necessary to enforce a judgment or out-of-court settlement in order to recover the proceeds of proceedings.
2: If the aided person fails to take such steps, the Agency may enforce the judgment or out-of-court settlement as if it were in favour of the Agency, and may recover the costs of doing so from the aided person. 1991 No 71 s 46
36A: Agency may decide not to recover debt in certain circumstances
1: The Agency may decide not to recover any debt due to the Agency under a grant of legal aid if—
a: the enforcement of the debt would cause serious hardship to the aided person:
b: the cost to the Agency of enforcing the debt is likely to exceed the amount of the debt that is likely to be repaid:
c: the Agency considers that it would be just and equitable not to recover the debt.
2: The Agency may make a decision under subsection (1) at the time that legal aid is granted, or at any time after it is granted.
3: If the Agency decides under subsection (1) not to recover a debt,—
a: the debt must be treated as being written off for the purposes of section 37
b: section 37(2) to (5)
4: In subsection (1), serious hardship section 37(6) Section 36A inserted 17 February 2010 section 8 Legal Services Amendment Act 2009
37: Agency may write off amounts payable
1: The Agency may write off all or any part of any interim repayment, repayment, interest, or any other debt payable to the Agency by an aided person in any of the following circumstances:
a: the enforcement of the debt would, in the opinion of the Agency, cause serious hardship to the aided person:
b: the cost to the Agency of enforcing the debt is likely to exceed the amount of the debt that is likely to be repaid:
c: the Agency considers that it would be just and equitable to write off the debt.
2: When a debt has been written off under this section, the Agency must give notice to the debtor of the write-off.
3: When a debt is written off under this section, the debtor is, from the date of the write-off, no longer liable to pay the debt.
4: If, despite the write-off, a debtor repays some or all of a written-off debt, the Agency must return the amount that was written off.
5: The write-off of a debt does not affect the Agency's obligation to pay any person who provided legal services under the relevant grant of legal aid.
6: In subsection (1), serious hardship
a: the aided person's inability to meet minimum living expenses according to normal community standards; or
b: the cost of medical treatment of an illness or injury of the aided person or the aided person's dependant; or
c: a serious illness suffered by the aided person or the aided person's dependant. Section 37 substituted 1 March 2007 section 25 Legal Services Amendment Act 2006
38: Aided person may request examination of cost of services
1: An aided person may request the Agency to examine the cost of services
a: has claimed in respect of more time than was actually spent providing services under the grant; or
b: has claimed for disbursements that were not in fact used in providing those services.
2: The aided person may make a request under subsection (1) at any time before the 20th day (or such longer time as the Agency, on application, allows) after the person has received notice of the cost of services. 1991 No 71 s 82 Section 38(1) amended 1 March 2007 section 26 Legal Services Amendment Act 2006
39: Agency to refund excess payments
The Agency must refund any amount paid by an aided person to the Agency that is—
a: more than the aided person is or was required to pay; or
b: more than the cost of services 1991 No 71 ss 39, 75(1)(d) Section 39(b) amended 1 March 2007 section 27 Legal Services Amendment Act 2006 Award of costs in civil proceedings
40: Liability of aided person for costs
1: If an aided person receives legal aid for civil proceedings, that person's liability under an order for costs made against him or her with respect to the proceedings must not exceed an amount (if any) that is reasonable for the aided person to pay having regard to all the circumstances, including the means of all the parties and their conduct in connection with the dispute.
2: No order for costs may be made against an aided person in a civil proceeding unless the court is satisfied that there are exceptional circumstances.
3: In determining whether there are exceptional circumstances under subsection (2), the court may take account of, but is not limited to, the following conduct by the aided person:
a: any conduct that causes the other party to incur unnecessary cost:
b: any failure to comply with the procedural rules and orders of the court:
c: any misleading or deceitful conduct:
d: any unreasonable pursuit of 1 or more issues on which the aided person fails:
e: any unreasonable refusal to negotiate a settlement or participate in alternative dispute resolution:
f: any other conduct that abuses the processes of the court.
4: Any order for costs made against the aided person must specify the amount that the person would have been ordered to pay if this section had not affected that person's liability.
5: If, because of this section, no order for costs is made against the aided person, an order may be made specifying what order for costs would have been made against that person with respect to the proceedings if this section had not affected that person's liability.
6: If an order for costs is made against a next friend or guardian ad litem
a: that next friend or guardian ad litem
b: the means of the next friend or guardian ad litem Section 40 substituted 1 March 2007 section 28 Legal Services Amendment Act 2006
41: Costs of successful opponent of aided person
1: This section applies if an order is made under section 40
2: If this section applies, the party to the proceedings who is prejudiced by the operation of section 40 applicant
3: In considering any such application, the Agency must have regard to the following matters:
a: the conduct of the parties to the proceedings:
b: the court's findings under section 40(2)
c: the hardship that would be caused to the applicant if the costs were not paid by the Agency.
4: For the purposes of subsection (3)(c), the Agency may require any person to furnish information on the financial circumstances and needs of the applicant.
5: If, having regard to the matters specified in subsection (3) and to any information received under subsection (4), and to all relevant circumstances, the Agency considers that any payment should be made by the Agency to the applicant, it may determine accordingly and must make the payment.
6: The Agency may recover any payment made under this section from the aided person as a debt due to the Agency, unless the payment relates to an order made under section 40(5)
7: The Agency may make a payment under this section to a lawyer who is not a listed provider under this Act. Section 41 substituted 1 March 2007 section 28 Legal Services Amendment Act 2006 Legal aid grants for Treaty of Waitangi claims
42: Applications in respect of proceedings before Waitangi Tribunal
1: This section and sections 43 to 45
a: the application is made by a Maori; and
b: the claim to which the application relates is submitted, or is to be submitted, by that Maori for the benefit of a group of Maori of which the applicant is a member.
2: The Agency may grant an application to which this section applies only if it is satisfied—
a: that the case is one that requires legal representation, having regard to the nature of the proceedings and to the interest of the group of Maori for whose benefit the claim is submitted or is to be submitted; and
b: that the group of Maori would suffer substantial hardship if aid were not granted; and
c: that the interest of that group of Maori is not sufficiently protected by any other claim.
3: The Agency must take into account the information supplied by the Waitangi Tribunal under section 44
a: grant legal aid to the applicant subject to such conditions as it thinks fit relating to the purposes for which that aid is granted, or the period for which that aid is granted, or both; or
b: defer its determination of the application for any period it thinks fit; or
c: decline the application.
4: Nothing in this section prevents an applicant from making a further application for legal aid in respect of the proceedings to which the first application relates. 1991 No 71 ss 72, 73
43: Assessment of financial resources
1: In determining whether the group of Maori for whose benefit the claim to which the application relates is made would suffer substantial hardship if aid were not granted, the Agency may take into account not only the financial resources of those members of the group who are immediately involved in making the claim, but also the extent to which other members of the group, or any incorporated body that represents the members of the group, or both, might reasonably be expected to contribute towards the costs of the proceedings.
2: The Agency may, in its discretion, refuse to grant the application if the applicant does not supply it with sufficient information concerning the financial resources of such persons and bodies as the Agency may specify for the purposes of making a determination referred to in subsection (1).
3: In determining whether or not to refuse to grant an application on the ground specified in subsection (2), the Agency must consider and have regard to the following matters:
a: whether or not the applicant has made all reasonable endeavours to obtain the information required to be supplied to the Agency under that subsection:
b: whether or not the matter in respect of which the application is made is of sufficient importance or complexity to warrant the granting of the application even though that information has not been supplied:
c: whether or not it would be unjust to refuse to grant the application merely because that information has not been supplied.
4: In subsection (1), incorporated body
a: a Maori Trust Board (within the meaning of section 2
b: a Maori incorporation (within the meaning of section 4
c: a trust constituted under Part 12 section 338
d: a trust continued as an ahu whenua trust by section 354 1991 No 71 s 72
44: Agency to refer application to Waitangi Tribunal
1: When an application to which this section applies is made to the Agency, the Agency must, before determining whether or not to grant the application, refer the application to the Waitangi Tribunal for the purpose of obtaining the following information about the claim to which the application relates:
a: the length of time that is likely to elapse before the Tribunal begins inquiring into the claim:
b: the extent to which the claim might reasonably be dealt with by the Tribunal in conjunction with any other claim submitted to the Tribunal:
c: whether or not, in the opinion of the Tribunal, the terms on which the applicant may be represented by a listed provider before the Tribunal in relation to the claim should be limited in any way and, if so, in what way.
2: The Tribunal must supply to the Agency the information referred to in subsection (1). 1991 No 71 s 73
45: Repayment under grant of legal aid
1: A condition requiring repayment of an amount under a grant of legal aid made under section 42
2: The applicant, or any person or body whose resources are taken into account for the purposes of making a determination referred to in section 43(1)
3: The total of the repayment required to be paid under a grant of legal aid made under section 42
a: the resources of the applicant and the financial resources of those persons and bodies whose resources are so taken into account; and
b: the likely cost of the proceedings.
4: Every repayment required in accordance with this section under a grant of legal aid is recoverable in the same way as any other repayment required to be paid under this Act. Section 45 substituted 1 March 2007 section 29 Legal Services Amendment Act 2006 Duty solicitor scheme
46: Continuation and administration of duty solicitor scheme
1: The duty solicitor scheme established under section 156 of the former Act continues on and after the transition date as if it were established under this Act.
2: The Agency must administer the duty solicitor scheme in accordance with this Act and any regulations made under it, and in particular must determine the conditions under which listed providers provide services under the scheme. 1991 No 71 s 156
47: Object of duty solicitor scheme
The object of the duty solicitor scheme is to ensure that there is available in each District Court a sufficient number of lawyers for the purpose of assisting, advising, and representing unrepresented defendants charged with an offence. 1991 No 71 s 157(1)
48: Duties of duty solicitors
The duties of lawyers who act as duty solicitors include—
a: advising unrepresented defendants as to plea, the possibility of a remand without plea, and, where appropriate, the right to elect to be tried by a jury:
b: advising unrepresented defendants on how to arrange private legal representation or to apply for legal aid, and assisting such defendants to make those arrangements or applications:
c: advising unrepresented defendants as to bail:
d: carrying out any other duties specified by the Agency. 1991 No 71 s 157(2) Police Detention Legal Assistance scheme
49: Continuation and administration of PDLA scheme
1: The Police Detention Legal Assistance scheme established under section 158C of the former Act continues on and after the transition date as if it were established under this Act.
2: The Agency must administer the PDLA scheme in accordance with this Act and any regulations made under it, and in particular must determine the conditions under which listed providers provide services under the scheme. 1991 No 71 ss 158C, 158H(1)
50: Object of PDLA scheme
The object of the PDLA scheme is to ensure that there is available a sufficient number of lawyers to provide legal advice, or legal assistance, or both, to any person—
a: to whom the scheme applies; and
b: who wishes to consult or instruct a lawyer about any matter relating to the person's questioning or detention. 1991 No 71 s 158C
51: Who PDLA scheme applies to, and their rights
1: The PDLA scheme applies to every unrepresented person who—
a: is being questioned by the Police, or who the Police want to question, in relation to the commission or possible commission of an offence by that person, and who is advised by the Police, before or in the course of questioning, that he or she may consult a lawyer; or
b: is being detained by the Police, with or without arrest, and is entitled, under section 23(1)(b)
2: Every person to whom the PDLA scheme applies is entitled (subject to this Act and any regulations made under it) to the services of 1 lawyer during the period for which the person is being questioned or is detained. 1991 No 71 ss 2, 158C, 158E
52: Duties of listed providers under PDLA scheme
The duties of lawyers who provide services under the PDLA scheme include the following:
a: advising persons to whom the scheme applies of—
i: their rights and obligations; and
ii: the requirements of any enactment under which they are detained (if applicable):
b: providing such other legal advice or assistance to those persons as they may reasonably require in the particular circumstances of the case, including (without limitation) attending at the place where those persons are being detained or questioned:
c: carrying out any other duties imposed by the Agency. 1991 No 71 s 158E(2) Approved schemes
53: Approved schemes
The Agency may establish and administer, in accordance with a current output 1991 No 71 ss 95(1)(da), 158D Section 53 amended 25 January 2005 section 200 Crown Entities Act 2004
3: Reviews and appeals relating to legal aid
Reviews
54: Grounds for review
1: An aided person or an applicant for legal aid may apply to the Review Panel for a review of a decision of the Agency referred to in subsection (2) on the grounds that the decision is—
a: manifestly unreasonable; or
b: wrong in law.
2: The decisions that may be reviewed are decisions that affect the applicant for review and that relate to any 1 or more of the following:
a: an application for legal aid:
b: any conditions imposed under section 15 section 42
c: any amount payable by an aided person, whether as an interim repayment or repayment, under a grant of legal aid:
d: the identity of any listed provider in a grant of legal aid:
e: the maximum grant under a grant of legal aid:
f: the withdrawal of, or amendment to, a grant of legal aid:
g: the enforcement of any condition imposed under section 15 section 42
h: any changes to, or dealings with, a charge on property arising out of a grant of legal aid:
i: an application under section 41
3: A listed provider or former listed provider may apply to the Review Panel for a review of a decision relating to the amount payable by the Agency to that provider, on the grounds that the decision is—
a: manifestly unreasonable; or
b: wrong in law.
4: A party who has applied to the Agency for payment of costs under section 41
a: manifestly unreasonable; or
b: wrong in law.
5: In this section, decision 1991 No 71 ss 16, 63 Section 54(2)(c) substituted 1 March 2007 section 30(1) Legal Services Amendment Act 2006 Section 54(4) substituted 10 April 2006 section 30(2) Legal Services Amendment Act 2006 Section 54(5) added 10 April 2006 section 30(2) Legal Services Amendment Act 2006
55: Application for review
An application for review must be made in the prescribed manner to the Convenor of the Review Panel—
a: within 20 working days after the date on which notification of the relevant decision is given to the applicant; or
b: within such further period as the Convenor, on application, allows. 1991 No 71 ss 16, 63
55A: Powers and duties of Convenor of Review Panel on receipt of application for review
1: On receipt of an application for review, the Convenor of the Review Panel—
a: may require the Agency or any person to provide any information relating to the decision or the application for review; and
b: must assign a team of 1, 2, or 3 members of the Panel to review the decision.
2: The Convenor must include 1 lawyer in every team assigned to a review.
3: The Convenor may be a member of any team reviewing a decision. Section 55A inserted 22 October 2003 section 4 Legal Services Amendment Act 2003 Section 55A(3) added 10 April 2006 section 31 Legal Services Amendment Act 2006
56: Review of decision by Review Panel
1:
2:
3: A team assigned to a review
a: all information held by the Agency relating to the decision and to any reconsideration by the Agency of the decision:
b: a written report setting out the considerations to which the Agency had regard in coming to its decision or when reconsidering it.
4: A team assigned to a review
5: The review of a decision must be conducted on the papers, with all reasonable speed. 1991 No 71 ss 131, 134 Section 56(1) repealed 22 October 2003 section 5(1) Legal Services Amendment Act 2003 Section 56(2) repealed 22 October 2003 section 5(1) Legal Services Amendment Act 2003 Section 56(3) amended 22 October 2003 section 5(2) Legal Services Amendment Act 2003 Section 56(4) amended 22 October 2003 section 5(2) Legal Services Amendment Act 2003
57: Determination of review
1: A determination by a team assigned to a review is a determination by the Review Panel.
2: The Review Panel may determine a review by confirming, modifying, or reversing the decision under review.
3: Every determination by the Review Panel must be accompanied by a brief summary of the reasons for it. 1991 No 71 s 132
58: Direction to reconsider
1: The Review Panel may, instead of determining a review, give a direction to the Agency that it must reconsider all or any part of the decision to which the review relates.
2: If the Review Panel directs the Agency to reconsider a decision, the Panel must give reasons for the direction, and may set out the matters that the Agency must take into account in its reconsideration.
3: If the Agency receives a direction to reconsider, it must reconsider the decision, taking into account the reasons for the direction and any matters set out by the Review Panel. 1991 No 71 s 133 Appeals and references on question of law
59: Appeal on question of law
If the Agency or an applicant considers that the Review Panel's determination is wrong in law, the Agency or the applicant (as the case may be) may appeal to the High Court on the question of law, and the appeal must be dealt with in accordance with the rules of court. 1991 No 71 s 136
60: Appeals to Court of Appeal and Supreme Court
Sections 144 to 144B section 59 section 107 Section 60 substituted 1 January 2004 section 48(1) Supreme Court Act 2003
61: References on questions of law to High Court
The Convenor of the Review Panel may state a case for the opinion of the High Court on any point of law that arises on a review under this Part of a decision of the Agency. 1991 No 71 s 135 Legal Aid Review Panel
62: Establishment and membership of Legal Aid Review Panel
1: The Legal Aid Review Panel is established.
2: The Review Panel consists of members who are each appointed by the Attorney-General for a specified term of not more than 3 years.
3: The Attorney-General must appoint 1 member, who must be a lawyer who has held a practising certificate for at least 7 years, to be Convenor of the Panel.
4: When appointing members, the Attorney-General must ensure that the Review Panel has a sufficient number of people of the following classes to deal promptly with all reviews:
a: lawyers, who between them have experience in a range of legal areas and types of proceedings:
b: non-lawyers, who have relevant knowledge, experience, and skill.
5: No person may be appointed as a member of the Review Panel if he or she is, or has within the past 5 years been, a member of the Board or Legal Services Board, or an employee of the Agency or Legal Services Board; but members of the Review Panel may be reappointed.
6: The Attorney-General may remove a member from office for any of the following, proved to the satisfaction of the Attorney-General:
a: failure or inability to adequately perform the duties of office:
b: neglect of duty:
c: misconduct.
7: A member may resign by written notice to the Attorney-General.
8: The primary function of the Convenor of the Review Panel is to ensure that the Review Panel carries out its functions in accordance with this Act in an efficient and effective manner.
9: A member continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: the member's successor is appointed; or
c: the Attorney-General informs the member by written notice (with a copy to the Convenor of the Review Panel) that the member is not to be reappointed and no successor is to be appointed at that time; or
d: either subsection (6) or subsection (7) applies. Section 62(8) added 10 April 2006 section 32 Legal Services Amendment Act 2006 Section 62(9) added 10 April 2006 section 32 Legal Services Amendment Act 2006
62A: Delegation by Convenor of Review Panel
1: The Convenor of the Review Panel may delegate any of the Convenor's functions, duties, and powers to a member of the Panel who the Convenor is satisfied has the capability, skills, and experience to perform and exercise those functions, duties, or powers.
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Convenor.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. Section 62A inserted 22 October 2003 section 6 Legal Services Amendment Act 2003
63: Fees of members of Review Panel
1: A member of the Review Panel is entitled—
a: to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Attorney-General in accordance with the fees framework; and
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: For the purposes of subsection (1), fees framework Section 63 substituted 25 January 2005 section 200 Crown Entities Act 2004
64: Review Panel serviced by Agency
The Agency must provide the administrative support necessary to enable the Review Panel to perform its functions efficiently and effectively.
64A: Liability of Review Panel
1: The Review Panel and members, employees, and agents of the Review Panel are not under any criminal or civil liability in respect of—
a: any act done or omitted in the course of the performance or exercise, or intended performance or exercise, of any of its functions, duties, or powers under this Act; or
b: any words spoken or written at, or in connection with, any review, determination, or direction to reconsider under this Act.
2: This section does not exclude the liability of any person for anything done or omitted in bad faith. Section 64A inserted 10 April 2006 section 33 Legal Services Amendment Act 2006
4: Listed providers
General provisions
65: Obligations relating to professional conduct
1: The fact that a listed provider provides services under this Act does not in any way affect that provider's obligations under any rules or codes of conduct of any professional body to which that provider belongs.
2: The fact that a lawyer provides legal services under this Act does not in any way affect—
a: his or her rights, obligations, responsibilities, or duties as a lawyer; or
b: the relationship between, or the rights of, the lawyer and his or her client or any privilege arising out of that relationship.
3: Subsections (1) and (2) are subject to any express provisions of this Act or any regulations made under this Act. 1991 No 71 s 89(a)
66: Listed providers not to take unauthorised payments
No listed provider may take payments from or in respect of a person to whom services are provided under any scheme unless the payments are authorised by or under this Act, or by the Agency acting under the authority of this Act or any regulations made under it. 1991 No 71 ss 11(3), 35(2), 77, 157A, 158K
67: Listed providers to pay legal aid disbursements
Except as otherwise authorised by the Agency, listed providers must pay all disbursements relating to a legally aided matter, but may claim for reimbursement of those costs under section 74 1991 No 71 s 78
68: Listed providers to protect Agency's interests in relation to charges and proceeds of proceedings
1: This section applies to every person who provides legal services under a grant of legal aid.
2: Every person to whom this section applies—
a: must take all reasonable steps to protect the interests of the Agency under a charge in favour of the Agency, whether the charge—
i: is registered in accordance with a condition imposed under section 15(3)
ii: arises by operation of section 32
b: has a duty not to do or permit anything that would or might effect the transfer of property subject to a charge in favour of the Agency; and
c: must advise the Agency if he or she is aware that the aided person has avoided, is avoiding, or is attempting to avoid making payments to the Agency from proceeds of proceedings.
3: For the purposes of subsection (2)(c), an aided person is deemed to have waived any legal professional privilege that might otherwise prevent a person to whom this section applies from complying with subsection (2)(c).
4: If a person to whom this section applies fails to fulfil his or her duties under this section, the money that should have been paid to the Agency under a charge or from proceeds of proceedings, may be deducted from any money owing by the Agency to that person. Section 68 substituted 1 March 2007 section 34 Legal Services Amendment Act 2006 Listing
69: Effect of listing
1: A person may not provide legal services under a scheme unless he or she is listed as approved to provide those services.
2: The Agency may impose conditions on an approval to provide services, in which case the person must provide the services in accordance with those conditions.
3: The Agency is not obliged to pay for services provided by a listed provider—
a: who, at the time of providing those services, was not approved to provide them; or
b: who provided those services in breach of any conditions attached to an approval.
70: Agency to establish and maintain legal service list
1: The Agency must establish and maintain a legal service list.
2: The legal service list must show which legal services each listed provider is approved to provide, and any conditions attaching to the approvals.
3: The Agency must ensure that the list, whether in printed or electronic form, is available for inspection free of charge by members of the public.
71: Listing criteria
1: The Agency may develop and adopt listing criteria for determining when a person may be approved to provide specified legal services.
2: In developing new or amended listing criteria, the Agency—
a: must consult with such representatives of the legal profession as the Agency considers to be appropriate; and
b: may consult with any other persons that the Agency considers will assist it in relation to the particular listing criteria under development.
3: In order to adopt new or amended listing criteria, the Agency must give notice in the Gazette
a: the service or services to which the criteria relate; and
b: the date on which the criteria will come into force; and
c: details of how copies of the criteria may be obtained.
4: Subsection (2) does not apply if the Agency intends to adopt listing criteria that are essentially the same as those that applied to a particular service or services immediately before the transition date.
5: For the purpose of this section, the withdrawal of listing criteria is to be treated as an amendment of the criteria.
72: Applications for listing
1: Every person applying for listing, or amendment to the approvals in his or her listing, must apply in the prescribed manner to the Agency.
2: If listing criteria that are relevant to all or part of the application have been adopted under section 71
3: If the Agency accepts all or part of a person's application, the Agency must—
a: notify the person of—
i: any approvals to be entered in the person's listing; and
ii: any conditions attaching to any approvals in the person's listing; and
b: enter the details of any approvals and conditions in the person's listing on the legal services list.
4: If the Agency does not accept all or any part of the person's application, the Agency must—
a: notify the person and invite submissions; and
b: consider those submissions, and notify the applicant of its revised decision.
5: If the applicant accepts the Agency's revised decision, the Agency must take the steps set out in paragraphs (a) and (b) of subsection (3).
6: If the applicant does not accept all or part of the Agency's revised decision, he or she may request an opportunity to be heard by the Agency in relation to those parts of the decision that the applicant wants to challenge.
7: The Agency must, as soon as practicable, arrange for the applicant to be heard and, following that hearing, must make a final decision.
72A: Temporary suspension of listing
1: The Agency may temporarily suspend any 1 or more approvals in a person's listing if—
a: the person is charged with an offence or is subject to disciplinary procedures under the Law Practitioners Act 1982
b: the Agency considers that this will have an adverse effect on—
i: the interests of aided persons (whether generally or in a particular case); or
ii: the integrity of legal aid schemes generally.
2: The Agency may temporarily suspend an approval under this section for a specified period of time, or until the outcome of the matter that the person is charged with or subject to.
3: The effect of the temporary suspension of approval is that the person ceases to be approved to provide the relevant service, and the Agency is not obliged to pay for any services of that kind provided after the date on which the temporary suspension takes effect.
4: The temporary suspension takes effect on the date given in a written notice to the person subject to the temporary suspension, which must be a date on or after the date on which the Agency reasonably considers the person will receive the notice.
5: The written notice must specify the grounds for the temporary suspension.
6: A person who receives a notice of temporary suspension may seek a review of that decision by the Agency, and is entitled to make submissions and be heard at any such review.
7: If a review is requested, the Agency must conduct the review as soon as practicable and make a final decision. Section 72A inserted 1 March 2007 section 35 Legal Services Amendment Act 2006
73: Cancellation of listing
1: The Agency may cancel 1 or more of the approvals in a person's listing on any of the following grounds:
a: the person has been convicted of an offence under section 111 section 112
b: the Agency is satisfied that the approval was given by mistake:
c: the person, in relation to 1 or more approvals, does not meet the listing criteria for that approval, whether those criteria were adopted before or after the approval was given:
d: the person is not providing, or has not provided, the service for which he or she is approved to a standard that is acceptable to the Agency:
e: the person has filed for bankruptcy:
f: the person has failed to comply with 1 or more of the conditions of approval imposed under section 69(2)
g: the person has failed to comply with or fulfill requirements under any of sections 66 67 68 79
h: the person is convicted of an offence, or subject to an order made under section 106 section 112
2: The effect of the cancellation of approval is that the person ceases to be approved to provide the relevant service, and the Agency is not obliged to pay for any services of that kind provided after the date on which the cancellation takes effect.
3: The cancellation takes effect on the date given in a written notice to the person subject to the cancellation, which must be a date on or after the date on which the Agency reasonably considers the person will receive the notice.
4: The written notice must specify the grounds for the cancellation.
5: A person who receives a notice of cancellation may seek a review of that decision by the Agency, and is entitled to make submissions and be heard at any such review.
6: If a review is requested, the Agency must conduct the review as soon as practicable and make a final decision. Section 73 substituted 1 March 2007 section 36 Legal Services Amendment Act 2006 Payment for legal aid work
74: Lead provider to claim for payment
Claims for payment in respect of legal services provided under the legal aid scheme must be made by the lead provider to the Agency in the prescribed manner and must show—
a: the fees claimed by, or the charges attributable to, the lead provider; and
b: the fees claimed by, or the charges attributable to, any other provider who acted on the matter; and
c: the disbursements claimed by the lead provider and any other provider who acted on the matter. 1991 No 71 s 79
75: Agency may approve, defer for examination, or decline payment of claim
1: On receiving a claim for payment from a lead provider, the Agency may—
a: approve the claim or any part of it; or
b: defer payment of all or part of the claim in order that the deferred part may be examined; or
c: decline payment of the claim or any part of it.
2: A payment may be deferred and a claim, or part of a claim, examined if—
a: the claim or part of the claim appears to the Agency to be excessive in light of the Agency's standard rates for payment or its experience with comparable claims; or
b: an aided person has requested an examination of the cost of services, under section 38
3: The Agency may decline some or all of a claim on any 1 or more of the following grounds:
a: the claim exceeds the maximum grant specified in the grant:
b: the claim or part of a claim is for disbursements of a type not approved for payment by the Agency:
c: an examination of the claim or part of a claim under subsection (2) has determined that the claim is excessive or inaccurate. 1991 No 71 ss 11(2)(b), 80, 82, 83
76: Agency to pay approved claims
1: The Agency must pay the lead provider in respect of every claim or part of a claim that is approved for payment.
2: The Agency must not withhold payment of part of a claim on the ground that another part of the claim has been deferred for examination or declined. 1991 No 71 s 85 Examination and audit
77: Agency may examine claims
1: The Agency may examine a claim, or part of a claim, by a listed provider on either or both of the grounds specified in section 75(2)
2: Every examination of a claim, or part of a claim, must be conducted by an auditor. 1991 No 71 s 82
78: Agency may audit listed providers
1: The Agency may audit any listed provider at any time.
2: Every audit must be conducted by an auditor.
3: The purpose of the audit is to enable the Agency to assess the quality and value of the services provided by the listed provider that have been, or may be, paid for by the Agency.
79: Listed providers must co-operate with examinations and audits
1: A listed provider who is subject to an examination or audit must co-operate with the auditor and, in particular, must—
a: ensure that the auditor is given access at all reasonable times to all documents under the control of the provider that relate to the claim under examination, or to matters for which the provider has claimed or may claim payment from the Agency (as the case may require); and
b: use his or her best endeavours to ensure that questions relating to the claim being examined, or to any matter to which the audit relates, are answered fully, frankly, promptly, and in the form (written or oral) required by the auditor; and
c: permit, and if necessary assist, the auditor to copy any document or to reproduce, in usable form, information recorded or stored in a document.
2: A listed provider is not obliged to comply with subsection (1) until the auditor shows the provider a copy of the auditor's authority from the Agency to conduct the examination or audit.
3: If an auditor considers that a listed provider who is being examined or audited is not complying, or has not adequately complied, with subsection (1), the auditor must notify the Agency and the provider.
4: On receipt of a notice, the Agency may suspend payments of any claim currently lodged with it by the listed provider, and the payments may remain suspended until such time as the Agency is satisfied that the provider is co-operating with the auditor.
5: Continuing failure to co-operate may be an offence under section 112 Pilot plans
80: Agency may set up pilot plans
1: The Agency may develop, trial, and evaluate pilot plans for the delivery of schemes by listed providers.
2: No pilot may operate for more than 5 years.
3: No more than 1 field trial of a pilot may be associated with any 1 court at any 1 time, other than in an incidental or minor way.
4: A pilot may involve no more than 3 field trials at any 1 time.
5: The Agency may not set up a field trial of a pilot in a locality without first—
a: consulting with representatives of local lawyers and the community; and
b: determining the maximum proportion of the likely total relevant caseload in that locality that the pilot will undertake.
81: Principles to apply to pilot plans
When developing, trialing, and evaluating a pilot plan, the Agency must take all reasonable steps to ensure—
a: that the pilot will maintain or improve the quality of the delivery of the relevant service; and
b: that the pilot will not have either of the following results:
i: that people requiring the service cannot, in practice, obtain the service except under the pilot:
ii: that lawyers outside the pilot are denied, in practice, the opportunity to offer the service, either generally, or in relation to the place where the pilot is operating, or in relation to the client group the pilot is directed at.
82: Pilot plan to be in
output No pilot plan may operate unless the terms of its operation are set out in the output Section 82 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 82 amended 25 January 2005 section 200 Crown Entities Act 2004
83: Evaluation of pilot plans
1: Every pilot plan must be evaluated, and the evaluation must address, in particular,—
a: the extent to which the pilot complies with the principles set out in paragraphs (a) and (b) of section 81
b: the effect of the pilot on other parts of the justice system, such as court processes, other schemes, and the legal profession.
2: The Minister must present a copy of every evaluation of a pilot to the House of Representatives within 6 months of the Minister's receipt of the evaluation.
84: Continuation of employment of salaried officers
1: If the Minister is satisfied that the evaluation of a pilot plan involving the employment of salaried officers under section 100(1) Gazette
a: extend the pilot for a specified period, in which case the notice must specify the scope of the extended pilot; or
b: authorise the Agency to employ salaried officers on a permanent basis, but only for the same or related purposes as were trialed in the pilot.
2: This section applies despite section 80(2), (3), or (4)
5: Community legal services
Community law centres
85: Definition of community law centre for purposes of Act
1: For the purposes of this Act, a community law centre
2: Every community law centre must identify a particular community that it is intended primarily to serve, and the community can be defined geographically, or by reference to some common interest or characteristic, or both.
3: A body may, for the purposes of this Act, be a community law centre even if it performs functions in addition to those described in subsection (1).
4: In this Part, community 1991 No 71 s 155
86: Agency's role in setting up community law centres
1: In performing its function under section 92(b)
2: When investigating the need for a community law centre to serve a particular community, the Agency may do anything it considers necessary, including—
a: assessing the extent to which the community is unable to access legal services because it has insufficient means to pay for them:
b: providing advice on, and, if the Agency considers it appropriate, financial support for, setting up a pilot centre to operate for a specified period:
c: assessing any pilot centre.
3: The kind of assistance that the Agency may provide in assisting to set up a community law centre includes—
a: giving advice on the most appropriate way in which the services of the community law centre can be provided to a particular community; and
b: making grants of money to help with establishment costs. 1991 No 71 ss 95(1)(d), 154
87: Agency to contract with community law centres
1: The Agency may enter into a contract under this section with any community law centre for the provision of any community legal services.
2: A contract under this section may be for any term of up to 5 years, but the amount of money provided under it must be reviewed annually.
3: The money provided by the Agency to a community law centre under a contract under this section must come from either or both—
a: the Special Fund:
b: any other money held by the Agency specifically for the support of community law centres.
4: Subsection (1) does not prevent a community law centre obtaining money under any other kind of arrangement, including (for example)—
a: obtaining money from the Agency for services provided under a scheme:
b: obtaining money from sources other than the Agency. 1991 No 71 s 95(1)(e)
88: Allocation of funding between community law centres
1: If, in any year, there is a greater demand from community law centres for funding than there is money available, the Agency's funding contracts under section 87
2: When considering the amount of money to be provided under a contract with a community law centre, the Agency must have regard to—
a: the level of unmet legal need in the community served by the community law centre, relative to that of other communities; and
b: the capacity of the community to pay for legal services, relative to the capacity for other communities to pay for them; and
c: the effectiveness, or likely effectiveness, of the community law centre in providing those services to the community; and
d: the benefit of ensuring continuity in the delivery of services; and
e: the need to provide reasonable access by communities to community law centres throughout the country; and
f: alternative providers of legal services that are (or will be) available in practice to the community.
3: Before determining the amount of funding to be available to each community law centre, the Agency must receive and consider the advice of the Public Advisory Committee on the matter. Education and research
89: Education
In order to promote access to justice, the Agency may provide or fund law-related education and legal information to the public or any section of the public.
90: Research
1: The Agency may undertake or fund research into—
a: existing or proposed schemes and community legal services; and
b: the unmet legal needs of communities and how they may be met.
2: A research programme may include the development, operation, and evaluation of pilot programmes for the delivery of community legal services.
6: Legal Services Agency
91: Agency established
1: There continues to be a body corporate that is the same body as the Legal Services Board but, on and from the transition date,—
a: the body is named the Legal Services Agency; and
b: the body is established by this section.
2: The Agency is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: 1991 No 71 ss 94, 109, 110; 1998 No 114 s 328 Section 91(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 91(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 91(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
92: Functions of Agency
The functions of the Agency are as follows:
a: to administer schemes in as consistent, accountable, inexpensive, and efficient a manner as is consistent with the purpose of this Act:
b: to fund, provide, and support community legal services for the public or any section of the public, as provided for in Part 5
c: to investigate and advise on any matter that is referred to it by the Minister and that relates to schemes or community legal services:
d: to carry out any other functions that are conferred on it by this Act or any other enactment. 1991 No 71 s 95
92A: Agency to review payment of legal services
1: The Agency must from time to time review its rates of payment in respect of legal services provided under this Act by listed providers on a contract for services.
2: Subsection (1) does not limit any function or power conferred on the Agency under this Act. Section 92A inserted 1 March 2007 section 37 Legal Services Amendment Act 2006
93: Powers of Agency
Section 93 repealed 25 January 2005 section 200 Crown Entities Act 2004
94: Agency managed by Board
Section 94 repealed 25 January 2005 section 200 Crown Entities Act 2004
95: Appointment of Board
1: The Board of the Agency must have no more than 6 members.
2:
3: Before making appointments to the Board under section 28(1)(a) Section 95(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 95(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 95(3) amended 25 January 2005 section 200 Crown Entities Act 2004
96: Schedule 2 contains provisions applying to Board and members
The provisions of Schedule 2
97: Agency to comply with Government policy
Section 97 repealed 25  January 2005 section 200 Crown Entities Act 2004
98: Limitation on Minister's powers to direct
Section 98 repealed 25 January 2005 section 200 Crown Entities Act 2004
99: Agency to have powers of Commission of Inquiry
For the purposes of this Act, sections 4A to 9 1991 No 71 s 153
100: Agency may employ listed providers as salaried officers
1: The Agency may employ listed providers as salaried officers of the Agency to provide legal services under any scheme.
2: The Agency may employ salaried officers under this section only in accordance with a pilot plan operating under section 80 section 84
3: The Agency may not employ salaried officers to work in a locality without first—
a: consulting with representatives of local lawyers and the community; and
b: determining the maximum proportion of the likely total caseload, or total caseload of a specified type, in that locality that the salaried officer or officers will undertake.
101: Local consultative groups
1: The Agency may, in order to obtain advice, establish 1 or more local consultative groups with either or both of the following functions:
a: to monitor the delivery of legal aid and other schemes in an area:
b: to assess and monitor listed providers, and applicants for listing, who work in the area.
2: Despite any enactment or rule of law to the contrary, the members of a local consultative group may, for the purpose of performing their functions under this section, review any of the following that are referred to the group by the Agency:
a: any legal aid file:
b: any application for listing:
c: any application for an amendment to approvals in a listing.
102: Annual report
1: The annual report of the Agency under section 150
a: the total amount paid out by the Agency during that year for each of the following:
i: the legal aid scheme:
ii: the duty solicitor scheme:
iii: the PDLA scheme:
iv: each approved scheme that has operated during the year; and
b: the total of all other amounts paid during that year out of the funds of the Agency; and
c: the total of all amounts received under this Act by the Agency during that year by way of interim repayments
d: the total amount received by the Agency during that year from the Special Fund; and
e: the total amount paid by the Agency with money from the Special Fund under contracts with community law centres; and
f: the total amount paid by the Agency in investigating the need for, and assisting in setting up, community law centres; and
g: the total amount spent by the Agency during that year on education and on research; and
h: any other matter necessary to give an overall picture of the operation of the Act during the year.
2: 1991 No 71 s 111 Section 102(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 102(1)(c) amended 1 March 2007 section 38 Legal Services Amendment Act 2006 Section 102(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
103: Agency's finances
Section 103 repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Public Advisory Committee
104: Establishment and membership of Public Advisory Committee
1: The Agency must establish a Public Advisory Committee.
2: The Agency must ensure that the Public Advisory Committee includes people who represent the interests of women, Maori, Pacific Island people, young people, older people, people with disabilities, consumers, the legal profession, and community law centres.
3: No member of the Board, and no employee of the Agency, may be a member of the Public Advisory Committee.
4: A person may be appointed to, and removed from, membership of the Public Advisory Committee by notice in writing from the Agency.
5: For the avoidance of doubt, the Public Advisory Committee is not a committee of the Board. Section 104(5) added 25 January 2005 section 200 Crown Entities Act 2004
105: Functions of Public Advisory Committee
1: The functions of the Public Advisory Committee are—
a: to provide advice to the Agency on community concerns about, and responses to, schemes and community legal services that are or could be provided under this Act; and
b: to provide advice to the Agency on the unmet legal needs of communities; and
c: to provide advice to the Agency on funding for individual community law centres, and for community law centres in general; and
d: to provide advice to the Agency on research into schemes and community legal services; and
e: to provide advice to the Agency on legal education programmes for the public or any section of the public; and
f: to provide advice to the Agency on ways to make the information and forms relating to schemes understandable to, and usable by, as wide a range of people as possible; and
g: to provide advice to the Agency on any other matters that the Agency asks it to provide advice on; and
h: to carry out the functions of the Agency described in section 86
i: to give reports to the Agency on any other matters that the Public Advisory Committee considers it should report on.
2: The Public Advisory Committee must perform its functions, other than the function described in subsection (1)(i), in accordance with any directions given by the Agency.
3: The Agency may not ask for, and the Public Advisory Committee may not give, advice on individual applications for, or grants of, legal aid.
106: Powers of Public Advisory Committee
The Public Advisory Committee has all the powers necessary for it to carry out its functions, and in particular may, subject to the direction of the Agency,—
a: regulate its own procedure; and
b: establish regional or other subcommittees to assist it in performing its functions.
107: Fees of members of Public Advisory Committee
1: A member of the Public Advisory Committee or any subcommittee of the Public Advisory Committee is entitled—
a: to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: For the purposes of subsection (1), fees framework Section 107 substituted 25 January 2005 section 200 Crown Entities Act 2004
108: Public Advisory Committee serviced by Agency
The Agency must provide the administrative support necessary to enable the Public Advisory Committee to perform its functions efficiently and effectively.
8: Miscellaneous provisions
Disclosure of information
109: Disclosure of information
1: In relation to an application for legal aid for a civil matter, or for the payment of costs under section 41
2: Except as provided in this section, neither the Agency nor the Review Panel may require any person who is bound or privileged by an enactment or rule of law to maintain secrecy about a matter to breach secrecy by supplying information or answering questions about the matter, or producing documents or things relating to it.
3: Despite subsection (2), the Agency and the Review Panel are both allowed to require a person who is bound or privileged by an enactment or rule of law to maintain secrecy to breach that secrecy if—
a: the breach relates to an applicant for legal aid for a civil matter; and
b: the applicant has given consent in writing to the breach.
4: A person required to breach secrecy under subsection (3) must comply with the requirement made under that subsection.
5: Despite subsection (2), a person may disclose to the Agency any communication between the aided person and his or her lawyer, or sent to or by the aided person or his or her lawyer (whether or not the communication is marked confidential without prejudice
a: the aided person's grant of legal aid is in respect of a civil matter; and
b: the purpose of the disclosure is to inform the Agency of matters relevant to the withdrawal or amendment of legal aid on the grounds set out in section 26(2)(d)
6: The Agency may advise any person who disclosed a communication under subsection (5) of whether the grant has been withdrawn or amended. 1991 No 71 ss 54, 91 Section 109(5) substituted 1 March 2007 section 39 Legal Services Amendment Act 2006
109A: Agency may require financial information
1: The Agency may require an aided person or applicant for legal aid to provide up-to-date information about the person's financial means if the Agency requires the information to make any decision under this Act.
2: The Agency may seek verification from a third party of any information provided under this section, but must not seek verification until it has notified the aided person or applicant that it intends to do so. Section 109A inserted 1 March 2007 section 40 Legal Services Amendment Act 2006 Offences
110: Misrepresentation, etc
1: Every aided person or applicant for legal aid commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who—
a: fails without reasonable excuse to comply with any provision of this Act, or of any regulation made under it, requiring the person to furnish information or answer questions or produce any document or thing; or
b: knowingly provides false and misleading information, or knowingly answers any question in a false or misleading way; or
c: intentionally avoids payment of the Agency's interest in any proceeds of proceedings.
2: If a person is convicted of an offence under subsection (1), the Agency may recover from that person, as a debt due to the Agency, any amount paid under a grant of legal aid.
3: Despite section 14 1991 No 71 s 92 Section 110(1) substituted 1 March 2007 section 41 Legal Services Amendment Act 2006
111: Offence in relation to listing
Every listed provider commits an offence, and is liable on summary conviction to a fine not exceeding $5,000, who makes a false or misleading representation in relation to any application for listing or application for an amendment to the approvals in his or her listing.
112: Offences in relation to examination and audit
Every listed provider or former listed provider commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who, having received a notice under section 79(3) Regulations
113: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: determining the amount or amounts payable by an aided person (other than as a repayment under section 42
i: prescribing the amount or amounts, or a method of calculating an amount or amounts, payable by an aided person as an interim repayment:
ii: prescribing the amount or amounts, based on income and capital, payable by an aided person as a repayment:
iii: prescribing a method of calculating an amount or amounts, based on income and capital, payable by an aided person as a repayment:
b: prescribing a method or methods for calculating what maximum grant, if any, should be set under a grant of legal aid in respect of proceedings other than victims' claims proceedings:
c: prescribing for the purposes of section 20(4)
d: determining whether a person is eligible for legal aid by—
i: prescribing maximum levels of income and disposable capital:
ii: prescribing a method of assessing financial means:
e: prescribing allowances for use in calculating a person's disposable capital:
f: prescribing deductions that may be made from the cost of services for the purpose of determining the repayment payable by an aided person under a grant of legal aid:
g: prescribing the manner in which applications for, and grants of, legal aid in respect of minors, and other people with special requirements, are to be dealt with:
h: prescribing a class or classes of defendants to whom priority must be given under the duty solicitor scheme or for whom services may be limited:
i: prescribing conditions relating to the delivery of services under any scheme:
j: making provision, in respect of the calculation of the income, disposable capital, or capital of an applicant for legal aid, for all or any of the following:
i: taking into account fluctuations of income:
ii: determining the value of any property:
iii: including in the resources of the applicant any property that has been disposed of:
iv: excluding from the resources of the applicant any liabilities incurred by the applicant for no consideration, or for a grossly inadequate consideration:
v: taking into account any benefit to which the applicant is entitled or which the applicant might receive in connection with property held on trust:
k: prescribing matters relating to the way in which the Agency administers charges, including prescribing maximum rates of interest that may be charged:
l: prescribing amounts or methods for calculating the cost of services:
m: prescribing the rate of interest that may be charged for the purposes of section 35A
n: increasing, or prescribing a method for increasing, the maximum amount of income or disposable capital for the purposes of determining a person's eligibility for legal aid:
o: adjusting, or prescribing a method for adjusting, the maximum amount of repayments for the purposes of section 17
oa: exempting, in accordance with subsection (8), any specified class or classes of person or proceeding from the application of—
i: section 9(2) and (4)(a) and (b)
ii: section 15
p: providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
2: When prescribing amounts, or methods of calculating amounts, regulations made under this section may—
a: distinguish between applicants for legal aid on any grounds, for example, the type of proceedings to which the application relates, or the level of income or disposable capital of the applicant; or
b: distinguish between aided persons on any grounds, for example, the type of proceedings to which the grant relates, or the level of income, disposable capital, or capital of the aided person.
3: When prescribing an amount or method of calculating the cost of services, regulations may distinguish between applicants for legal aid or aided persons on the basis of the contract held by the provider.
4: When prescribing maximum levels of income for the purpose of determining an applicant's eligibility for legal aid or when prescribing the maximum amount of repayments payable by an aided person, regulations may take into account whether the applicant or aided person has—
a: a spouse or partner:
b: any dependent children, and the number of dependent children.
5: If regulations made under subsection (1) prescribe maximum levels of income and disposable capital for the purpose of determining an applicant's eligibility for legal aid, the limits so prescribed must be adjusted, by regulations made under subsection (1), by an amount equal to the percentage movement referred to in paragraph (a) or paragraph (b), as the case requires, if—
a: the total percentage increase in the movements in the quarterly all groups index number of the New Zealand Consumers Price Index from that applying on the date that the Legal Services Amendment Act 2006
b: the total percentage increase in the movements in the quarterly all groups index number of the New Zealand Consumers Price Index from that applying on the date when the requirement to make the immediately preceding adjustment under this subsection arose is 5% or more.
6: For the purposes of any adjustment required under subsection (5), the amount of any increase must be rounded up to the nearest whole dollar amount, but any subsequent adjustment must be calculated on the amount of the increase without the rounding.
7: Any adjustment required by subsection (5) contained in regulations made under subsection (1) takes effect on the first day of April following the making of those regulations.
8: No regulations may be made for the purposes of subsection (1)(oa) unless the Minister is satisfied that the proposed exemption is justified on 1 or more of the following grounds:
a: the proposed exemption is in the public interest:
b: the proposed exemption facilitates access to justice:
c: the proposed exemption is just and equitable in the circumstances. Section 113 substituted 1 March 2007 section 42 Legal Services Amendment Act 2006 Section 113(1)(oa) inserted 17 February 2010 section 9(1) Legal Services Amendment Act 2009 Section 113(8) added 17 February 2010 section 9(2) Legal Services Amendment Act 2009 Service
114: Service of notices, etc
1: Any notice or other communication required to be given to any person under this Act or any regulation made under it may be given by delivering it to that person, and may be delivered—
a: personally; or
b: by leaving it at that person's usual or last known place of residence in New Zealand; or
c: by posting it in a letter addressed to the person at his or her usual or last known place of residence in New Zealand.
2: If a notice or other communication is sent to a person by post, then, in the absence of proof to the contrary, the notice or other communication is deemed to have been given to that person when the letter would have been delivered in the ordinary course of post.
3: In proving delivery, it is sufficient to prove that the letter was properly addressed and posted. SR 1991/293 r 60 Miscellaneous
115: Effect of rights conferred by this Act
Any rights or liabilities of an aided person under this Act do not affect—
a: the rights or liabilities of other parties to the proceedings; or
b: the principles on which the discretion of any court or tribunal is normally exercised. 1991 No 71 s 89(b)
9: Transitional and saving provisions
Transitional provisions
116: Functions of Legal Services Board
1: This section applies between the date on which this section comes into force and the transition date.
2: If, at any time during which this section applies, any District Legal Services Committee or any District Subcommittee appears to the Legal Services Board to be unable to fulfil any of its functions, the Legal Services Board may assume responsibility for carrying out any such functions.
3: The Legal Services Board may not assume responsibility for all or any of the functions of a District Legal Services Committee or District Subcommittee—
a: except at the request of the relevant Committee or Subcommittee; or
b: until a date that is 2 weeks after the date on which the Legal Services Board gives notice to the relevant Committee or Subcommittee of its intention to assume specified responsibilities.
4: The Legal Services Board has all the powers necessary to carry out any functions assumed under this section.
116A: Legal aid granted under Legal Aid Act 1969
1: On and after the date on which the Legal Services Amendment Act 2003
2: All charges created by or under the Legal Aid Act 1969 are vested in the Agency.
3: Neither the Registrar-General of Land nor any other person charged with keeping any records or registers is obliged, solely by reason of this section, to change the name in those records or registers or in any document.
4: It is sufficient proof in the absence of evidence to the contrary, that a charge is vested in the Agency if a person presents to a registrar or any other person a document purporting to be a charge or copy of a charge created by or under the Legal Aid Act 1969.
5: A charge created by or under the Legal Aid Act 1969 must be treated as if it were a charge created by or under section 32
6: The provisions of this Act, so far as they are applicable and with any necessary modifications, apply to the charge; and the Agency may, for the purposes of subsection (1),—
a: transfer the charge in accordance with section 34
b: enforce the charge in accordance with section 35
c: write off the amounts secured by the charge in accordance with section 37 Section 116A inserted 22 October 2003 section 7 Legal Services Amendment Act 2003 Section 116A(2) substituted 10 April 2006 section 43 Legal Services Amendment Act 2006 Section 116A(3) added 10 April 2006 section 43 Legal Services Amendment Act 2006 Section 116A(4) added 10 April 2006 section 43 Legal Services Amendment Act 2006 Section 116A(5) added 10 April 2006 section 43 Legal Services Amendment Act 2006 Section 116A(6) added 10 April 2006 section 43 Legal Services Amendment Act 2006
117: Legal aid granted under former Act
1: Legal aid granted under the former Act is not affected by the repeal of that Act; but, subject to section 117A
2: Every person providing services under a grant of legal aid approved before the transitional date is deemed, after that date and for the purposes of that grant only, to be a listed provider who is approved to provide the services provided under that grant.
3: On and after the transition date, an application that was properly made before that date under the former Act must, to the extent that it was not dealt with before that date, be dealt with as if the application had been properly made under this Act.
4: 1991 No 71 s 160(5) Section 117(1) amended 27 September 2001 section 3(2) Legal Services Amendment Act 2001 Section 117(4) repealed 22 October 2003 section 8 Legal Services Amendment Act 2003
117A: Repayments in respect of certain legal aid granted under former Act
1: This section applies if legal aid was granted under the former Act in respect of civil proceedings, but—
a: the proceedings were not commenced; or
b: the proceedings were commenced but not completed; or
c: there are no proceeds of the proceedings; or
d: the proceeds of the proceedings are not enough to cover the repayment payable (by virtue of section 15(2) section 18
2: The Agency may give the applicant concerned notice requiring the applicant to contribute a further amount if—
a: this section applies; and
b: a further contribution could have been required under the former Act.
3: The further amount required to be contributed under subsection (2) must be no greater than the further contribution that could have been required under the former Act.
4: This Act applies to a further amount required to be contributed under subsection (2) as if it were a contribution within the meaning of this Act (as it read before the commencement of the Legal Services Amendment Act 2006
5: This section applies in respect of completed proceedings—
a: whether they were completed before or after the commencement of this section; and
b: whether or not a repayment has previously been made or required to be made (before or after the commencement of this section) under section 15(2) Section 117A inserted 27 September 2001 section 3(1) Legal Services Amendment Act 2001 Section 117A(4) amended 1 March 2007 section 44 Legal Services Amendment Act 2006
117B: District Legal Aid Committees
1: Every District Legal Aid Committee established under the Legal Aid Act 1969 ceases to exist at the close of the day before the date on which the Legal Services Amendment Act 2003
2: No member of a District Legal Aid Committee is entitled to compensation as a result of those Committees ceasing to exist.
3: All assets and liabilities of a District Legal Aid Committee, and all records of the Committee, vest in the Agency at the close of the day before the date on which the Legal Services Amendment Act 2003 Section 117B inserted 22 October 2003 section 9 Legal Services Amendment Act 2003
118: Community law centres
Any funding arrangement in place on the day before the transition date between the Legal Services Board and a community law centre established under the former Act continues, on and after the transition date, until the earlier of—
a: the date of commencement of a contract entered into under section 87(1)
b: the date on which, in accordance with the terms of the arrangement, the funding arrangement ends.
119: Instructions continue to apply
Instructions issued by the Legal Services Board under section 96 Gazette
a: giving the date on which the revocation will take effect; and
b: stating where copies of any advice or information that replaces the instructions may be inspected free of charge and purchased at a reasonable price.
120: Legal Services Board members and employees
1: On the close of the day before the transition date, the term of appointment of every person who is a member of the Legal Services Board expires.
2: No member of the Legal Services Board is entitled to compensation as a result of the expiry under this section of his or her term of office.
3: No person employed by the Legal Services Board on the day before the transition date is entitled to compensation as a result of the reconstitution and renaming of the Board by this Act. 1998 No 106 s 3
121: Effect of reconstitution of Board
1: On and after the transition date, every reference in any enactment (other than this Act), or in any instrument or register, to the Legal Services Board must, if the context requires, be construed as a reference to the Legal Services Agency.
2: Except as expressly provided by this Act, the renaming and reconstituting of the Legal Services Board by this Act in no way affects any property, powers, authorities, or liabilities of the Legal Services Board, or any legal or other proceedings instituted or to be instituted by or against the Legal Services Board. 1990 No 126 ss 20(2) 34
122: District Legal Services Committees and District Subcommittees
1: Every District Legal Services Committee and every District Subcommittee ceases to exist at the close of the day before the transition date.
2: No member of a District Legal Services Committee or of a District Subcommittee is entitled to compensation as a result of those committees ceasing to exist.
123: Appeals under section 63 of former Act
1: Despite the repeal of the former Act, but subject to section 124
a: the Legal Aid Review Authority established by the former Act continues after the transition date as if that Act had not been repealed; and
b: the members of the Authority at the close of the day before the transition date remain members of the Authority unless or until they cease to be members in accordance with section 145(2) of the former Act.
2: Despite the repeal of the former Act, the Authority must hear and determine every appeal under section 63 of that Act that was, or could have been, made before the transition date, as if the former Act had not been repealed.
3: Sections 135 to 144 of the former Act continue to apply to appeals under section 63 of that Act as if those sections had not been repealed.
4: If there are any appeals under section 63 of the former Act that have not, by the close of 30 June 2001, been finally disposed of by the Authority,—
a: the Authority must forward the file relating to the appeal to the Convenor of the Review Panel; and
b: the Convenor must appoint a 3-person team to review the decision that is the subject of the appeal; and
c: the decision is to be treated for all purposes as a decision of the Agency; and
d: the Review Panel must deal with the appeal as if it were a review under Part 3
124: Legal Aid Review Authority abolished
1: On the close of 30 June 2001, the Legal Aid Review Authority ceases to exist, and the term of appointment of every member of the Authority expires.
2: No member of the Legal Aid Review Authority is entitled to compensation as a result of the expiry under this section of his or her term of office.
3: All assets and liabilities of the Legal Aid Review Authority, and all records of the Authority, vest in the Agency at the close of 30 June 2001.
125: Applications for legal aid for certain criminal matters continue to be dealt with by Registrars
1: Despite section 12 transition period
a: in the case of proceedings in the High Court, the Registrar of that court; or
b: in the case of proceedings in a District Court, the Registrar of the relevant District Court; or
c: in the case of an application in respect of a matter referred to in section 6(c) prison
2: After the transition date, applications for legal aid in relation to criminal matters where the proceedings are to be held in the Court of Appeal or the Judicial Committee of the Privy Council must be made in accordance with section 12
3: A Registrar to whom an application is made under subsection (1) has all the powers and duties of the Agency under Part 2
4: A Registrar exercising any power under Part 2
5: If an application or grant of legal aid, whether made before or after the transition date, relates to a case that is, in the Agency's view, a complex case, then the Agency may, of its own motion or at the request of a Registrar, determine the maximum grant and any amendment to a maximum grant relating to that case.
6: Section 16 of the former Act (which relates to reviews of decisions of Registrars) continues to apply to decisions of Registrars, whether the decision under review was made before or after the transition date, as if that section had not been repealed.
7: In this section, Registrar Section 125(1)(c) amended 1 June 2005 section 206 Corrections Act 2004 Repeals, revocations, and amendments
126: Legal Services Act 1991 repealed
1: The Legal Services Act 1991 is repealed.
2: The following enactments are consequentially repealed:
a: Legal Services Amendment Act 1992:
b: Legal Services Amendment Act 1994:
c: Legal Services Amendment Act 1995:
d: Legal Services Amendment Act 1997.
127: Consequential repeals and revocations
1: Amendment(s) incorporated in the Act(s).
2: The Legal Aid Districts Notice 1970 (SR 1970/54) is consequentially revoked.
3: The following regulations are consequentially revoked:
a: Legal Services Regulations 1991 (SR 1991/293):
b: Legal Services Regulations 1991, Amendment No 1 (SR 1992/125):
c: Legal Services Regulations 1991, Amendment No 2 (SR 1993/255):
d: Legal Services Regulations 1991, Amendment No 3 (SR 1995/24):
e: Legal Services Amendment Act Commencement Order 1996 (SR 1996/145):
f: Legal Services Regulations 1991, Amendment No 4 (SR 1996/153).
128: Consequential amendments to other enactments in Schedule 3
The Acts listed in Schedule 3