Legal Services Amendment Act 2009

  • repealed
  • Legal Services Amendment Act 2009: repealed, on 1 July 2011, pursuant to section 145 of the Legal Services Act 2011 (2011 No 4).

Reprint
as at 1 July 2011

Coat of Arms of New Zealand

Legal Services Amendment Act 2009

Public Act2009 No 69
Date of assent17 December 2009
Commencementsee section 2
  • Legal Services Amendment Act 2009: repealed, on 1 July 2011, pursuant to section 145 of the Legal Services Act 2011 (2011 No 4).


Note

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.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Legal Services Amendment Act 2009.

2 Commencement
  • This Act comes into force on the date immediately after the expiry of the period of 2 months that commences on the day on which this Act receives the Royal assent.

3 Principal Act amended

Part 1
Amendments to principal Act

4 Interpretation
  • (1) Section 4(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    offender, in relation to a victim, means a person convicted of the crime or offence that affected the victim

    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.

    (2) Section 4 is amended by inserting the following subsection after subsection (3):

    • (4) For the purposes of the definitions of offender and victim in subsection (1), the terms child, immediate family, incapable, offence, and young person have the meanings given in section 4 of the Victims' Rights Act 2002.

5 Proceedings for which legal aid may be granted: civil matters
  • Section 7 is amended by inserting the following subsection after subsection (1):

    • (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.

6 When legal aid may be granted: civil matters
  • Section 9(8) is repealed and the following subsection substituted:

    • (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 of the Coroners Act 2006; or

        • (ii) 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 the victim may appear as of right or with the Board's leave; or

      • (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).

7 Conditions on grant of legal aid
  • Section 15(6) is amended by adding ; or and also by adding the following paragraphs:

    • (d) applications for legal aid by a victim in respect of—

      • (i) an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; or

      • (ii) 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 the victim may appear as of right or with the Board's leave; or

    • (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.

8 New section 36A inserted
  • The following section is inserted after section 36:

    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; and

      • (b) section 37(2) to (5) apply accordingly.

      (4) In subsection (1), serious hardship has the meaning given in section 37(6).

9 Regulations
  • (1) Section 113(1) is amended by inserting the following paragraph after paragraph (o):

    • (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:.

    (2) Section 113 is amended by adding the following subsection:

    • (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.

Part 2
Transitional provisions

10 Transitional provisions
  • (1) In this section, commencement date means the commencement date of the Legal Services Amendment Act 2009.

    (2) The provisions of the Legal Services Amendment Act 2009 apply only to applications for legal aid made on or after the commencement date.

    (3) Section 36A of the principal Act (as inserted by section 8 of the Legal Services Amendment Act 2009) applies to grants of legal aid only if the application for legal aid to which the grant relates was made on or after the commencement date.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Legal Services Amendment Act 2009. The reprint incorporates all the amendments to the Act as at 1 July 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)