New Zealand Legislation: Acts
Acts are laws made by Parliament
(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) by—
(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), the amount of the maximum grant to be specified for every grant of legal aid in respect of victims' claims proceedings:
(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:
(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 comes into force is 5% or more:
(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.
Subsection (1)(b) was substituted, as from 4 June 2005, by section 72 Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).
Subsection (1)(ba) was inserted, as from 4 June 2005, by section 72 Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).
Section 113 was substituted, as from 1 March 2007, by section 42 Legal Services Amendment Act 2006 (2006 No 5). See clause 2 Legal Services Amendment Act 2006 Commencement Order 2006 (SR 2006/179).