Legal Services Amendment Regulations 2008

  • revoked
  • Legal Services Amendment Regulations 2008: revoked, on 1 July 2011, pursuant to 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 Amendment Regulations 2008

(SR 2008/345)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 29th day of September 2008

Present:
His Excellency the Governor-General in Council

  • Legal Services Amendment Regulations 2008: revoked, on 1 July 2011, pursuant to 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, His 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 Amendment Regulations 2008.

2 Commencement
  • These regulations come into force on 1 November 2008.

3 Principal regulations amended
4 New regulation 5 substituted
  • Regulation 5 is revoked and the following regulation substituted:

    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.

5 New Schedule 2 substituted
  • Schedule 2 is revoked and the Schedule 2 set out in the Schedule of these regulations is substituted.

6 Revocation

Schedule
New Schedule 2 substituted

r 5

Schedule  2
Maximum amount payable based on income

r 12

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

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 November 2008, amend the Legal Services Regulations 2006.

These regulations—

  • replace regulation 5, which sets out the maximum levels of income for the purposes of determining legal aid eligibility for civil matters:

The effect of the first 2 amendments is that, when these regulations come into force, the eligibility and repayment thresholds for legal aid will correspond again to the thresholds for entitlement to Community Service Cards, following increases in benefit levels effective as at 1 April 2008.


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

Date of notification in Gazette: 2 October 2008.


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 Regulations 2008. 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)