Legal Services Act 2000

  • repealed
  • Legal Services Act 2000: repealed, on 1 July 2011, by section 145 of the Legal Services Act 2011 (2011 No 4).
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 of the Children, Young Persons, and Their Families Act 1989 or in respect of any review of any determination of, or any order made in, a Youth Court in any such proceedings:

    • (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) of the Housing Restructuring and Tenancy Matters Act 1992 to hear appeals under section 62 of that Act:

    • (j) proceedings before the Immigration and Protection Tribunal, as established by the Immigration Act 2009, in respect of appeals against decisions to decline to grant recognition as a refugee or a protected person, or decisions to cease to recognise a person as a refugee or a protected person, as provided in sections 194(1) and 195 of that Act, or against liability for deportation arising under section 162 of that Act:

    • (k) the processing, under Part 5 of the Immigration Act 2009, of any claim for recognition as a refugee or a protected person:

    • (l) any proceedings before the District Court or High Court following an application made under section 316 or 324 of the Immigration Act 2009:

    • (m) any appeal or review proceedings (as defined in section 4 of the Immigration Act 2009) in respect of proceedings or matters to which paragraph (j) or (k) applies:

    • (ma) any proceedings or application under or in relation to the Immigration Act 1987 for which legal aid could have been granted under any of paragraphs (j), (k), (l), and (m) of this subsection as in force before their repeal by the Immigration Act 2009:

    • (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:

    • (q) proceedings before a Tribunal under subpart 2 of Part 2 of the Prisoners' and Victims' Claims Act 2005 in respect of 1 or more victims' claims under that subpart.

    (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 of the Coroners Act 2006; and

    • (b) a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)) that concerns an offender and is a hearing at which a victim may appear as of right or with the Board's leave.

    (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 of the Family Proceedings Act 1980 (which relates to proceedings relating to the status of marriage) unless the Agency is of the opinion—

    • (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:

    • (d) proceedings incidental to any proceedings mentioned in any of paragraphs (a) to (c):

    • (e) proceedings under section 37 of the Family Proceedings Act 1980 (which relates to dissolutions of marriage), or appeals in proceedings under that section:

    • (f) any appeal to the Immigration and Protection Tribunal against a decision concerning a residence class visa under section 187 of the Immigration Act 2009 (or any appeal to the Residence Appeal Authority under section 18C of the Immigration Act 1987):

    • (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 of the Immigration Act 2009 (or any appeal to the Removal Review Authority under Part 2 of the Immigration Act 1987):

    • (h) proceedings before a Commission of Inquiry under the Commissions of Inquiry Act 1908 (other than a Commission of Inquiry established or appointed by or under another enactment but deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908).

    Compare: 1991 No 71 s 19

    Section 7(1)(b): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

    Section 7(1)(i): amended, on 1 July 2006, by section 5(2)(e) of the Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34).

    Section 7(1)(j): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 7(1)(k): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 7(1)(l): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 7(1)(m): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 7(1)(ma): inserted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 7(1)(p): added, on 27 November 2002, by section 64(2) of the Weathertight Homes Resolution Services Act 2002 (2002 No 47).

    Section 7(1)(p): amended, on 1 April 2007, by section 127(4)(b) of the Weathertight Homes Resolution Services Act 2006 (2006 No 84).

    Section 7(1)(p): amended, on 1 April 2007, by section 127(4)(c) of the Weathertight Homes Resolution Services Act 2006 (2006 No 84).

    Section 7(1)(q): added, on 4 June 2005, by section 67 of the Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).

    Section 7(1A): inserted, on 17 February 2010, by section 5 of the Legal Services Amendment Act 2009 (2009 No 69).

    Section 7(4)(c): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

    Section 7(4)(f): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 7(4)(g): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 7(4)(h): added, on 1 March 2007, by section 5(2) of the Legal Services Amendment Act 2006 (2006 No 5).