(1) In this Act, unless the context otherwise requires,—
Agency means the Legal Services Agency established by section 91
approved scheme means a scheme (other than the legal aid, duty solicitor, or PDLA schemes) that is administered by the Agency and approved by the Minister under a purchase agreement for the provision of particular legal services
auditor means a person employed or appointed by the Agency for the purpose of conducting examinations, or audits, or both
Board means the Board of the Agency referred to in section 94
capital, in relation to a person, means that person's capital as described in Schedule 1
civil proceedings includes—
(a) proceedings under the Marriage Act 1955, the Adoption Act 1955, the Care of Children Act 2004, the Domestic Actions Act 1975, the Property (Relationships) Act 1976, the Family Proceedings Act 1980, the Domestic Violence Act 1995, or subparts 5, 7, 8, and 9 of Part 1 of the Weathertight Homes Resolution Services Act 2006; and
(c) despite paragraph (b), proceedings under Part 2 of the Children, Young Persons, and Their Families Act 1989 on the ground specified in section 14(1)(e) of that Act
community legal services means services provided or funded under this Act other than through a scheme
cost of services means the sum of the following:
(a) the fees of, or charges attributable to, the lead provider, as approved for payment under section 75 or prescribed by regulations; and
(b) the fees of, or charges attributable to, any other listed provider who acted on the matter, as approved for payment under section 75 or prescribed by regulations; and
criminal proceedings includes—
disposable capital, in relation to a person, means that person's disposable capital as described in Schedule 1
duty solicitor scheme means the scheme of that name administered by the Agency under section 46
former Act means the Legal Services Act 1991
grant of legal aid, and any similar expression, means a grant of legal aid under this Act or the former Act; and includes any amendments to that grant
income, in relation to a person, means that person's income as described in Schedule 1
interim repayment means the amount that an aided person is required to pay to the Agency under section 15(1) as a condition of a grant of legal aid
lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006
lead provider, in relation to a grant of legal aid, means the listed provider identified in the grant as the lead provider for that matter
legal aid scheme means the scheme of that name administered by the Agency under Part 2
legal service list means the list of people approved by the Agency to provide legal services under 1 or more schemes
Legal Services Board means the Legal Services Board established under section 94 of the former Act
listed provider, in relation to the provision of particular services under a scheme, means a natural person who is listed as approved to provide those services
maximum grant means the maximum amount of legal aid granted under a grant of legal aid
mentally disordered has the same meaning as it has in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992
Minister means the Minister of Justice
offender, in relation to a victim, means a person convicted of the crime or offence that affected the victim
output agreement has the same meaning as in section 10 of the Crown Entities Act 2004
PDLA scheme means the Police Detention Legal Assistance scheme administered by the Agency under section 49
prescribed manner means the manner prescribed by the Agency
prescribed repayment amount is the amount, based on income and capital, set by regulations made under this Act for the purposes of sections 17(1) and 18
proceeds of proceedings, in relation to civil proceedings for which legal aid has been granted, means—
property includes real and personal property, any estate or interest in any real or personal property, and any debt, thing in action, and any other right or interest
proposed care recipient has the meaning given to it by section 6(4) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
proposed patient has the meaning given to it by section 2A of the Mental Health (Compulsory Assessment and Treatment) Act 1992
repayment means the amount of money that an aided person is required to pay to the Agency under section 15(2) as a condition of a grant of legal aid
Review Panel means the Legal Aid Review Panel established under section 62
scheme means any 1 or more of the following:
Special Fund means the Lawyers and Conveyancers Special Fund continued by section 289(1) of the Lawyers and Conveyancers Act 2006
transition date means 1 February 2001
victim—
(a) means—
(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,—
victims' claims proceedings means proceedings of the kind specified in section 7(1)(q).
(2) In this Act, a reference to an application “by”
a person, or a grant “to”
a person includes a reference to an application made by one person on behalf of another, or a grant made in respect of a person other than the person to whom the grant is made.
(3) In this Act, and in any regulations made under it, references to such things as fees, charges, disbursements, grants, and rates, are references to those things GST inclusive.
(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.
Compare: 1991 No 71 ss 2, 47, 49A(1), 95(2), 155
Section 4(1) aided person: substituted, on 1 March 2007, by section 4(2) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) capital: inserted, on 1 March 2007, by section 4(2) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) civil proceedings paragraph (a): amended, on 1 April 2007, by section 127(4)(a) of the Weathertight Homes Resolution Services Act 2006 (2006 No 84).
Section 4(1) civil proceedings paragraph (a): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 4(1) civil proceedings paragraph (a): amended, on 27 November 2002, by section 64(1) of the Weathertight Homes Resolution Services Act 2002 (2002 No 47).
Section 4(1) civil proceedings paragraph (a): amended, on 1 February 2002, by section 64(2) of the Property (Relationships) Amendment Act 2001 (2001 No 5).
Section 4(1) contribution: repealed, on 1 March 2007, by section 4(1) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) cost of services: inserted, on 1 March 2007, by section 4(2) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) criminal proceedings paragraph (a): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 4(1) disposable income: repealed, on 1 March 2007, by section 4(1) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) income: inserted, on 1 March 2007, by section 4(2) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) interim repayment: inserted, on 1 March 2007, by section 4(2) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) lawyer: substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).
Section 4(1) offender: inserted, on 17 February 2010, by section 4(1) of the Legal Services Amendment Act 2009 (2009 No 69).
Section 4(1) output agreement: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 4(1) prescribed repayment amount: inserted, on 1 March 2007, by section 4(2) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) proposed care recipient: inserted, on 1 March 2007, by section 4(2) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) proposed patient: inserted, on 1 March 2007, by section 4(2) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) purchase agreement: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 4(1) repayment: inserted, on 1 March 2007, by section 4(2) of the Legal Services Amendment Act 2006 (2006 No 5).
Section 4(1) Special Fund: substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).
Section 4(1) transition date: amended, on 4 June 2005, by section 66(1) of the Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).
Section 4(1) victim: inserted, on 17 February 2010, by section 4(1) of the Legal Services Amendment Act 2009 (2009 No 69).
Section 4(1) victims' claims proceedings: added, on 4 June 2005, by section 66(2) of the Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).
Section 4(4): added, on 17 February 2010, by section 4(2) of the Legal Services Amendment Act 2009 (2009 No 69).