Legal Services Amendment Regulations 2012

2012/95

Coat of Arms of New Zealand

Legal Services Amendment Regulations 2012

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 21st day of May 2012  

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to section 114 of the Legal Services Act 2011, Her Excellency the Administrator of the Government, 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 2012.

2 Commencement
  • These regulations come into force on 2 July 2012.

3 Principal regulations
4 Regulation 4 amended (Application)
  • In regulation 4, insert as subclause (2):

    • (2) Nothing in subclause (1) limits or affects the application of section 132 of the Act (which relates to legal aid granted, applications for legal aid made, and repayment obligations for grants of legal aid made under the Legal Services Act 2000).

5 Regulation 19 amended (Claiming for payment for legal aid services)
  • Replace regulation 19(2) with:

    • (2) For the purposes of section 98 of the Act, the time frame within which a claim for payment for legal aid services must be made to the Secretary for Justice is the period—

      • (a) beginning immediately after the day on which the services are provided or, in the case of a fixed fee arrangement, immediately after the day on which services under the arrangement are completed; and

      • (b) ending 6 months after that date.

    • (2A) Despite subclause (2), if the Secretary requires in writing that a claim for payment for legal aid services be made, that claim must be made within 90 days of the date of that requirement.

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 2 July 2012, amend the Legal Services Regulations 2011, by—

  • amending regulation 4, which provides that the regulations apply to applications for legal aid made on or after 1 July 2011, to clarify that that provision does not limit or affect the application of section 132 of the Legal Services Act 2011. That section is a transitional provision that requires legal aid granted under the Legal Services Act 2000 (the former Act), and applications properly made under the former Act, to be dealt with as if the grant or application had been made under the Legal Services Act 2011 (which mostly came into force on 1 July 2011).

  • removing the requirement that claims for payment for legal aid services must be made within 3 months after the day that the services are provided, and substituting a requirement that claims must be made within 6 months unless the Secretary for Justice (the Secretary) requires in writing that a claim be made. If the Secretary does require a claim to be made, that claim must be made within 90 days of the date of that requirement.


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

Date of notification in Gazette: 24 May 2012.

These regulations are administered by the Ministry of Justice.