New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2011
| Public Act | 2000 No 42 |
| Date of assent | 14 October 2000 |
| Commencement | see section 2 |
Legal Services Act 2000: repealed, on 1 July 2011, by section 145 of the Legal Services Act 2011 (2011 No 4).
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
Part 2
Legal aid and other schemes
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
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
18 Amount of repayment payable
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
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
28 Consequences of withdrawing legal aid
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
35A Interest on unpaid legal aid debt
36 Aided person to enforce judgment or out-of-court settlement
36A Agency may decide not to recover debt in certain circumstances
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
46 Continuation and administration of duty solicitor scheme
47 Object of duty solicitor scheme
Police Detention Legal Assistance scheme
49 Continuation and administration of PDLA scheme
51 Who PDLA scheme applies to, and their rights
52 Duties of listed providers under PDLA scheme
Part 3
Reviews and appeals relating to legal aid
55A Powers and duties of Convenor of Review Panel on receipt of application for review
56 Review of decision by Review Panel
Appeals and references on question of law
60 Appeals to Court of Appeal and Supreme Court
61 References on questions of law to High Court
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
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
70 Agency to establish and maintain legal service list
72A Temporary suspension of listing
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
78 Agency may audit listed providers
79 Listed providers must co-operate with examinations and audits
80 Agency may set up pilot plans
81 Principles to apply to pilot plans
82 Pilot plan to be in output agreement
84 Continuation of employment of salaried officers
Part 5
Community legal services
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
92A Agency to review payment of legal services
93 Powers of Agency [Repealed]
94 Agency managed by Board [Repealed]
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
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
109A Agency may require financial information
111 Offence in relation to listing
112 Offences in relation to examination and audit
115 Effect of rights conferred by this Act
Part 9
Transitional and saving 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
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 4
Specified enactments
Legal Services Amendment Act 2006
