Legal Services Regulations 2006

  • revoked
  • Legal Services Regulations 2006: revoked, on 1 July 2011, by section 146 of the Legal Services Act 2011 (2011 No 4).

Reprint
as at 1 July 2011

Coat of Arms of New Zealand

Legal Services Regulations 2006

(SR 2006/180)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 3rd day of July 2006

Present:
Her Excellency the Governor-General in Council

  • Legal Services Regulations 2006: revoked, on 1 July 2011, by section 146 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.

These regulations are administered by the Ministry of Justice.


Pursuant to section 113 of the Legal Services Act 2000, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Legal Services Regulations 2006.

2 Commencement
  • These regulations come into force on 1 March 2007.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    applicant means a person who has applied for or been granted legal aid.

4 Application
  • These regulations apply to applications for legal aid made on or after 1 March 2007.

Financial eligibility for legal aid

5 Legal aid for civil matters: maximum levels of income
  • (1) The maximum levels of income for the purposes of determining an applicant's eligibility for legal aid in respect of a civil matter are—

    • (a) $22,366 per year for a single applicant:

    • (b) $35,420 per year for an applicant with—

      • (i) a spouse or partner; or

      • (ii) 1 dependent child:

    • (c) $50,934 per year for an applicant with—

      • (i) a spouse or partner, and 1 dependent child; or

      • (ii) 2 dependent children:

    • (d) $57,880 per year for an applicant with—

      • (i) a spouse or partner, and 2 dependent children; or

      • (ii) 3 dependent children:

    • (e) $64,678 per year for an applicant with—

      • (i) a spouse or partner, and 3 dependent children; or

      • (ii) 4 dependent children:

    • (f) $72,302 per year for an applicant with—

      • (i) a spouse or partner, and 4 dependent children; or

      • (ii) 5 dependent children.

    (2) If an applicant has more than 5 dependent children, or has a spouse or partner and more than 4 dependent children, the maximum level of income for that applicant is calculated by adding to the amount specified in subclause (1)(f) a further $6,689 for each additional child.

    Regulation 5: substituted, on 1 November 2008, by regulation 4 of the Legal Services Amendment Regulations 2008 (SR 2008/345).

6 Legal aid for civil matters: maximum levels of disposable capital
  • (1) The maximum level of disposable capital for the purposes of determining an applicant’s eligibility for legal aid in respect of a civil matter is $3,500.

    (2) If the applicant has a spouse or partner, or 1 or more dependent children, the maximum level of disposable capital for that applicant is calculated by adding an allowance of $1,500 to the amount specified in subclause (1).

Calculation of resources

7 Determining disposable capital: home equity allowance
  • The allowance for the purpose of clause 3(1)(a) of Schedule 1 of the Act is $80,000.

8 Determining capital and disposable capital: valuation of assets
  • (1) This regulation applies for the purposes of valuing—

    • (a) an applicant’s capital in accordance with clause 1 of Schedule 1 of the Act; and

    • (b) an applicant’s disposable capital in accordance with clause 3 of that schedule.

    (2) The value of the assets is their fair market value at the date of the application for legal aid.

    (3) Any interest in a reversion or remainder (whether legal or equitable) in any property must be computed in a manner that is both fair and reasonable.

    (4) Any interest in any trust or other fund (whether the applicant’s interest is held solely, jointly, or in common, and whether it is vested or contingent), or any benefit that the applicant might receive in connection with any trust (for example, a discretionary trust), must be assessed with regard to—

    • (a) how the trust arose or was created; and

    • (b) the terms and conditions of the trust; and

    • (c) the person or persons who have power to appoint and remove trustees or beneficiaries; and

    • (d) the history of the trust’s transactions (for example, distributions); and

    • (e) any changes in the membership of the trustees; and

    • (f) any changes in the class of beneficiaries; and

    • (g) the source of income or capital that the trust receives.

    (5) For the purposes of subclause (4), the Agency may treat all or part of the assets and income of a trust as assets and income of the applicant regardless of the interest of any other person in the trust.

    (6) If the applicant, or a person whose resources are to be treated as the applicant’s resources, is under a contingent liability under an enactment or instrument to pay a sum, then, the Agency must make an allowance for any amount that is reasonably likely to become payable within 6 months of the date of the application for legal aid.

    (7) If, in the opinion of the Agency, the applicant, or a person whose resources are to be treated as the applicant’s resources, stands in relation to a company in a position analogous to that of sole owner or partner in the business of that company, the Agency may, instead of ascertaining the value of the person’s shares in the company, treat the person as if he or she were the sole owner or partner, and compute the amount of his or her capital in respect of that asset accordingly.

9 Resources that have been disposed of
  • (1) This regulation applies to any resources that an applicant has disposed of (whether directly or indirectly) in order to become eligible for legal aid, or to reduce or avoid repayments due to the Agency.

    (2) The Agency may include in the applicant’s resources the resources referred to in subclause (1) when calculating the applicant’s income, disposable capital, or capital for the purposes of determining the applicant’s eligibility for legal aid or the repayment payable by the applicant.

    (3) The resources referred to in subclause (1) include—

    • (a) any resources that the applicant has transferred to another person; and

    • (b) any resources that the applicant has converted into resources that would be wholly or partly disregarded under the Act or these regulations.

Prescribed repayment amount

10 Prescribed repayment amount
  • For the purposes of sections 17 and 18 of the Act, the prescribed repayment amount is the total of—

    • (a) the maximum amount payable based on capital determined under regulation 11; and

    • (b) the maximum amount payable based on income determined under regulation 12.

11 Maximum amount payable based on capital
  • (1) The maximum amount payable based on capital is the amount set out in the first column of the table in Schedule 1 that corresponds to the capital thresholds—

    • (a) set out in the applicable column of the table; and

    • (b) that apply to the applicant’s capital at the time that the grant is first approved.

    (2) If the applicant’s capital exceeds the capital thresholds, the maximum amount payable based on capital is the total of—

    • (a) the highest maximum amount set out in the first column; and

    • (b) all of the applicant’s capital that exceeds the highest capital threshold amount set out in the applicable column.

12 Maximum amount payable based on income
  • (1) The maximum amount payable based on income is the amount set out in the first column of the relevant table in Schedule 2 that corresponds to the income thresholds—

    • (a) set out in the applicable column of the table; and

    • (b) that apply in respect of the applicant’s income at the time that the grant is first approved.

    (2) If the applicant’s income exceeds the income thresholds, the maximum amount payable based on income is the total of—

    • (a) the highest maximum amount set out in the first column; and

    • (b) the total difference between—

      • (i) the applicant’s income; and

      • (ii) the highest income threshold amount set out in the applicable column.

Debts due to Agency

13 Fees and expenses associated with charges
  • (1) An aided person must reimburse the Agency for any fees and expenses reasonably incurred by the Agency—

    • (a) in preparing an agreement under section 31(3) of the Act relating to a charge; and

    • (b) in registering a charge, whether the charge arises from an agreement made under section 31(3) of the Act or arises under section 32 of the Act.

    (2) If the aided person is not reasonably able to pay the fees and expenses as they arise, they may be added to, and recovered as part of the amount payable under, the charge.

14 Rate of interest on unpaid legal aid debt
  • The rate of interest for the purposes of section 35A of the Act is 6.75% per annum.

Victims’ claims proceedings

15 Maximum grant to be specified for grants of legal aid
  • For the purposes of section 20(4) of the Act, the maximum grant to be specified for every grant of legal aid in respect of victims’ claims proceedings is the following number of hours of legal services from a listed provider and at the applicable hourly rate set by the Agency:

    • (a) 4 hours to prepare written material (which may include a request to hear oral submissions) to be put before the Tribunal determining the relevant claim:

    • (b) if that Tribunal agrees to hear oral submissions from the parties (or from their representatives),—

      • (i) 2 hours to prepare those submissions; and

      • (ii) the hours or parts of hours necessary to present those submissions or to otherwise attend hearings agreed to under section 38 of the Prisoners’ and Victims’ Claims Act 2005.

Applications in respect of minors and others

16 Application by minors
  • An application for legal aid in respect of a civil matter for a person aged under 16 must be made by—

    • (a) either of the person’s parents; or

    • (b) the person’s guardian; or

    • (c) a person who has the role of providing the day-to-day care for, or custody of, the person.

17 Application by persons incapable of completing application because of mental or physical infirmity
  • An application for legal aid in respect of a civil matter for a person who, by reason of mental or physical infirmity, is incapable of completing an application for legal aid may be made on behalf of the person by any responsible person (including an officer of Public Trust) with sufficient knowledge of the applicant’s affairs.

18 Application by non-residents
  • (1) An application for legal aid by a person who is not resident in New Zealand (a non-resident) may be made by the applicant’s lawyer or other person authorised by the applicant.

    (2) Despite subclause (1), the statement of financial means required by section 12(1)(b) of the Act to be included in the application must be completed by the non-resident personally (unless regulation 16 or 17 applies).

    (3) A person signing an application on behalf of a non-resident applicant must state in the application that the applicant has not signed it personally because he or she is not in New Zealand.

Revocation and savings

19 Revocation and savings
  • (1) The Legal Services Regulations 2000 (SR 2000/281) are revoked.

    (2) Despite subclause (1), applications for legal aid or grants of legal aid made before 1 March 2007 must be determined as if the Legal Services Regulations 2000 were not revoked.


Schedule 1
Maximum amount payable based on capital

r 11

Maximum amount payable based on capital
($)
Capital thresholds for single applicants without children
($)
Capital thresholds for all other applicants
($)
00–1,5000–2,000
501,501–1,9002,001–2,400
1451,901–2,3002,401–2,800
2702,301–2,7002,801–3,200
4302,701–3,1003,201–3,600
6253,101–3,5003,601–4,000
8503,501–3,9004,001–4,400
1,0903,901–4,3004,401–4,800
1,2704,301–4,5004,801–5,000

Schedule  2
Maximum amount payable based on income

r 12

  • Schedule 2: substituted, on 1 November 2008, by regulation 5 of the Legal Services Amendment Regulations 2008 (SR 2008/345).

Table 1
Maximum amount payable by applicant with spouse or partner

Maximum amount payable based on income
($)
 Income thresholds
  No children
($)
 1 child
($)
 2 children
($)
 3 children
($)
 4+ children
($)
0 0–23,004 0–26,784 0–28,944 0–31,104 0–33,156
1,300 23,005–28,728 26,785–33,480 28,945–36,180 31,105–38,880 33,157–41,472
2,860 28,729–31,104 33,481–35,748 36,181–38,448 38,881–41,148 41,473–43,740
4,420 31,105–33,372 35,749–38,124 38,449–40,716 41,149–43,416 43,741–46,008
5,980 33,373–35,748 38,125–40,392 40,717–42,984 43,417–45,684 46,009–48,276
7,540 35,749–38,016 40,393–42,660 42,985–45,252 45,685–47,952 48,277–50,544
10,000 38,017–39,420 42,661–43,416 45,253–49,572 47,953–55,620 50,545–61,776

Table 2
Maximum amount payable by single applicant

Maximum amount payable based on income
($)
 Income thresholds
  No children
($)
 1 child
($)
 2 children
($)
 3 children
($)
 4+ children
($)
0 0–14,364 0–26,676 0–28,944 0–31,104 0–33,156
1,300 14,365–17,928 26,677–33,372 28,945–36,072 31,105–38,772 33,157–41,364
2,860 17,929–19,980 33,373–34,128 36,073–36,828 38,773–39,420 41,365–42,120
4,420 19,981–21,924 34,129–34,884 36,829–37,476 39,421–40,176 42,121–42,768
5,980 21,925–23,976 34,885–35,532 37,477–38,232 40,177–40,824 42,769–43,524
7,540 23,977–26,028 35,533–36,288 38,233–38,880 40,825–41,580 43,525–44,172
10,000 26,029–27,540 36,289–37,260 38,881–43,416 41,581–49,572 44,173–55,620

Diane Morcom,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 6 July 2006.


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 Regulations 2006. The reprint incorporates all the amendments to the regulations 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)