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Legal Services Act 2000 No 42 (as at 01 August 2008), Public Act

Reprint as at 1 August 2008

Legal Services Act 2000

Public Act2000 No 42
Date of assent14 October 2000
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose of Act

4 Interpretation

5 Act binds the Crown

Part 2
Legal aid and other schemes

When legal aid may be granted

6 Proceedings for which legal aid may be granted: criminal matters

7 Proceedings for which legal aid may be granted: civil matters

8 When legal aid may be granted: criminal matters

9 When legal aid may be granted: civil matters

10 Other situations where legal aid refused or limited: civil matters

11 Legal aid not available to insured or indemnified persons

Application and grant

12 Application for grant of legal aid

13 Special provisions relating to minors and mentally disordered persons

14 Decision on application for legal aid

15 Conditions on grant of legal aid

16 Special provisions about conditions on grants to persons involved in proceedings under Domestic Violence Act 1995

17 Interim repayments payable

18 Amount of repayment payable

19 Lead providers

20 Maximum grant

After legal aid is granted

21 Lead provider in civil proceedings to notify other parties

22 Agency to be notified of change in circumstances

23 Agency to keep aided person informed

23A Private mediation

24 Application for amendment to grant of legal aid

25 Withdrawal of, or amendment to, grant of legal aid: criminal matters

26 Withdrawal of, or amendment to, grant of legal aid: civil matters

27 Withdrawal of grant

28 Consequences of withdrawing legal aid

Reconsideration

29 Reconsideration

How agency may enforce conditions of grant

30 Amount payable by aided person to Agency

31 Amounts payable under conditions of grant are debts due to Agency

31A Agency may adjust rate of payment of debt, etc

32 Charges on proceeds of proceedings

33 Agency may exempt property from charge

34 Transfer of charge

35 Enforcement of charge

35A Interest on unpaid legal aid debt

36 Aided person to enforce judgment or out-of-court settlement

37 Agency may write off amounts payable

38 Aided person may request examination of cost of services

39 Agency to refund excess payments

Award of costs in civil proceedings

40 Liability of aided person for costs

41 Costs of successful opponent of aided person

Legal aid grants for Treaty of Waitangi claims

42 Applications in respect of proceedings before Waitangi Tribunal

43 Assessment of financial resources

44 Agency to refer application to Waitangi Tribunal

45 Repayment under grant of legal aid

Duty solicitor scheme

46 Continuation and administration of duty solicitor scheme

47 Object of duty solicitor scheme

48 Duties of duty solicitors

Police detention legal assistance scheme

49 Continuation and administration of PDLA scheme

50 Object of PDLA scheme

51 Who PDLA scheme applies to, and their rights

52 Duties of listed providers under PDLA scheme

Approved schemes

53 Approved schemes

Part 3
Reviews and appeals relating to legal aid

Reviews

54 Grounds for review

55 Application for review

55A Powers and duties of Convenor of Review Panel on receipt of application for review

56 Review of decision by Review Panel

57 Determination of review

58 Direction to reconsider

Appeals and references on question of law

59 Appeal on question of law

60 Appeals to Court of Appeal and Supreme Court

61 References on questions of law to High Court

Legal Aid Review Panel

62 Establishment and membership of Legal Aid Review Panel

62A Delegation by Convenor of Review Panel

63 Fees of members of Review Panel

64 Review Panel serviced by Agency

64A Liability of Review Panel

Part 4
Listed providers

General provisions

65 Obligations relating to professional conduct

66 Listed providers not to take unauthorised payments

67 Listed providers to pay legal aid disbursements

68 Listed providers to protect Agency's interests in relation to charges and proceeds of proceedings

Listing

69 Effect of listing

70 Agency to establish and maintain legal service list

71 Listing criteria

72 Applications for listing

72A Temporary suspension of listing

73 Cancellation of listing

Payment for legal aid work

74 Lead provider to claim for payment

75 Agency may approve, defer for examination, or decline payment of claim

76 Agency to pay approved claims

Examination and audit

77 Agency may examine claims

78 Agency may audit listed providers

79 Listed providers must co-operate with examinations and audits

Pilot plans

80 Agency may set up pilot plans

81 Principles to apply to pilot plans

82 Pilot plan to be in output agreement

83 Evaluation of pilot plans

84 Continuation of employment of salaried officers

Part 5
Community legal services

Community law centres

85 Definition of community law centre for purposes of Act

86 Agency's role in setting up community law centres

87 Agency to contract with community law centres

88 Allocation of funding between community law centres

Education and research

89 Education

90 Research

Part 6
Legal Services Agency

91 Agency established

92 Functions of Agency

92A Agency to review payment of legal services

93 Powers of Agency [Repealed]

94 Agency managed by Board [Repealed]

95 Appointment of Board

96 Schedule 2 contains provisions applying to Board and members

97 Agency to comply with government policy [Repealed]

98 Limitation on Minister's powers to direct [Repealed]

99 Agency to have powers of Commission of Inquiry

100 Agency may employ listed providers as salaried officers

101 Local consultative groups

102 Annual report

103 Agency's finances [Repealed]

Part 7
Public Advisory Committee

104 Establishment and membership of Public Advisory Committee

105 Functions of Public Advisory Committee

106 Powers of Public Advisory Committee

107 Fees of members of Public Advisory Committee

108 Public Advisory Committee serviced by Agency

Part 8
Miscellaneous provisions

Disclosure of information

109 Disclosure of information

109A Agency may require financial information

Offences

110 Misrepresentation, etc

111 Offence in relation to listing

112 Offences in relation to examination and audit

Regulations

113 Regulations

Service

114 Service of notices, etc

Miscellaneous

115 Effect of rights conferred by this Act

Part 9
Transitional and saving provisions

Transitional provisions

116 Functions of Legal Services Board

116A Legal aid granted under Legal Aid Act 1969

117 Legal aid granted under former Act

117A Repayments in respect of certain legal aid granted under former Act

117B District Legal Aid Committees

118 Community law centres

119 Instructions continue to apply

120 Legal Services Board members and employees

121 Effect of reconstitution of Board

122 District Legal Services Committees and District Subcommittees

123 Appeals under section 63 of former Act

124 Legal Aid Review Authority abolished

125 Applications for legal aid for certain criminal matters continue to be dealt with by Registrars

Repeals, revocations, and amendments

126 Legal Services Act 1991 repealed

127 Consequential repeals and revocations

128 Consequential amendments to other enactments in Schedule 3

Schedule 1
Definition of income and disposable capital

Schedule 2
Provisions applying to Board and members

Schedule 3
Enactments amended

Schedule 4
Specified enactments

Reprint notes

The Parliament of New Zealand enacts as follows:

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