Legal aid may be granted in respect of the following criminal matters:

Legal aid may be granted in respect of the following civil matters:

To avoid any doubt, subsection (1)(e)(v) applies, without limitation, to the following proceedings:

Paragraphs (o) and (p) of subsection (1) do not restrict any other paragraph of that subsection.

Despite subsection (1), legal aid is only available in proceedings under the Care of Children Act 2004 that are to be heard and determined in the Family Court if—

The kinds of proceedings referred to in subsection (3A)(b) are—

Despite subsection (1), but subject to subsection (5)(e), legal aid is not available in proceedings under Part 4 of the Family Proceedings Act 1980 (which relates to proceedings relating to the status of marriage or civil union) unless the Commissioner is of the opinion—

Despite subsection (1), legal aid is not available in any of the following proceedings:

Subsections (3A) and (3B) do not apply in respect of any proceedings commenced under the Care of Children Act 2004 before the date of commencement of section 5 of the Care of Children Amendment Act (No 2) 2013.

The Commissioner may grant legal aid to an applicant in respect of proceedings to which section 6 applies (criminal matters) if—

When considering whether the interests of justice require that the applicant be granted legal aid, the Commissioner—

When determining whether an applicant has sufficient means to enable him or her to obtain legal assistance, the Commissioner must, except as provided under section 9(1), have regard to the applicant’s income and disposable capital as set out in Schedule 1.

Subsection (1)(c)(i) does not apply in respect of—

Despite subsection (1)(a), the Commissioner may not grant legal aid to a child or a young person (as those terms are defined in section 2(1) of the Oranga Tamariki Act 1989) in respect of any proceedings against that child or young person for an offence, if those proceedings are heard in the Youth Court.

If an applicant is charged with or convicted of a prescribed offence, the Commissioner must determine, in the manner set out in regulations, whether the applicant has sufficient means to enable him or her to obtain legal assistance unless subsection (2) applies.

However, the Commissioner must determine or, if the case requires, redetermine the applicant’s means in accordance with section 8(3) if—

In this section, prescribed maximum grant means the maximum amount of legal aid prescribed in regulations that may be granted for a prescribed offence.

To avoid doubt, a redetermination under subsection (2) is not a new application for legal aid.

The Commissioner must, subject to this section and sections 11 to 13, grant legal aid to an applicant in respect of proceedings to which section 7 applies (civil matters) if the applicant is—

The Commissioner must refuse to grant legal aid to an applicant whose income or disposable capital exceeds the relevant maximum level prescribed in regulations, unless the Commissioner is satisfied that there are special circumstances, having regard to—

However, in the case of an application that comes within any of paragraphs (b) to (d) and (f) to (h) of the definition of specified application in section 4(1), it is sufficient, for the purposes of subsection (2), if the Commissioner has regard to either paragraph (a) or (b) of that subsection.

The Commissioner must refuse to grant legal aid if the applicant has not shown that the applicant has reasonable grounds for taking or defending the proceedings or being a party to the proceedings.

The Commissioner may, unless the interests of justice require otherwise, refuse to grant legal aid to an applicant if—

The Commissioner may refuse to grant legal aid to an applicant in any of the following circumstances:

The Commissioner may refuse to grant legal aid to an applicant in respect of any original proceeding under an enactment specified in Schedule 2 if the Commissioner considers that the grant of legal aid is not justified.

In determining under subsection (5) whether a grant of legal aid is not justified, the Commissioner must have regard to—

To avoid doubt, legal aid in respect of civil proceedings is not available to any body of persons, whether corporate or unincorporate, except as provided in sections 10(1) and 47.

Section 10(2) and (4)(a) and (b) do not apply to—

Section 10(1), (2), and (4)(a) do not apply to applications for legal aid under section 47 in respect of certain proceedings before the Waitangi Tribunal.

Section 10(4)(d)(i) does not apply to original proceedings under an enactment specified in Schedule 2.

The Commissioner may grant legal aid to an applicant in respect of a civil proceeding under the Criminal Proceeds (Recovery) Act 2009 if the Commissioner considers that the interests of justice require that the applicant be granted legal aid.

In considering whether the interests of justice require that an applicant be granted legal aid under subsection (5), the Commissioner must have regard to—

Section 10(3) and (4) do not apply to an application for legal aid in respect of a civil proceeding under the Criminal Proceeds (Recovery) Act 2009.

Subject to subsection (2), the Commissioner may not grant legal aid in respect of—

Subsection (1) does not apply in respect of—

The Commissioner must refuse to grant legal aid to an applicant who applies for legal aid in connection with a civil proceeding in which he or she is concerned in a representative, fiduciary, or official capacity, unless it appears to the Commissioner that,—

If an applicant applies for legal aid in connection with a matter in which numerous persons have the same interest, and the rules of court permit the applicant to sue or be sued on behalf of all those persons, then the Commissioner must refuse to grant legal aid if satisfied that—

If an applicant has the right, according to the rules of court, to be joined with others as plaintiff in 1 action because a common question of law or fact arises, then the Commissioner may grant legal aid to the applicant that is limited to the proceedings necessary to preserve the applicant’s right to relief.

In this section, rules of court includes the rules governing the procedure of any court, tribunal, authority, or other body before whom the proceedings are heard.

A person who has any form of indemnification or insurance in respect of the legal costs of bringing or defending any proceedings is not entitled to legal aid in respect of those proceedings, unless or until the person has exhausted any benefits available under the indemnification or insurance.

An application for a grant of legal aid—

An application for a grant of legal aid may be made after the final disposition only if—

In this section, final disposition means the final disposition of the matter to which the application relates, by a court, tribunal, or any other means.

A minor aged 16 or over may apply for legal aid in respect of a civil matter in his or her own right and, despite any enactment or rule of law,—

An application for legal aid in respect of a civil matter for a person who is aged under 16 or is mentally disordered must be made by a person of full age and capacity.

If the rules of court require proceedings to be brought or defended by a next friend or guardian ad litem, then an application for legal aid in respect of a civil matter for a person who is aged under 16 or is mentally disordered must be made by the person’s next friend or guardian ad litem, or by a person intending to act in that capacity.

An application for civil legal aid in respect of a person who is aged under 16 or is mentally disordered must be accompanied by an undertaking by the person making the application that he or she will pay any repayment required to be paid under the grant.

The Commissioner may waive any of the requirements or conditions set out in subsections (2) to (4).

On an application for legal aid, the Commissioner may, in respect of the whole or any part of the proceedings or appeal,—

When granting legal aid under subsection (1)(a) or (b), the Commissioner—

If the Commissioner grants legal aid on an interim basis to a person,—

This section does not apply to applications under section 47 for legal aid in respect of certain proceedings before the Waitangi Tribunal.

This section is subject to section 16A.

The Commissioner may use an automated electronic system to grant legal aid to a natural person if—

A grant made in the manner authorised by subsection (1) is, for the purposes of this Act, taken to have been made by the Commissioner.

Where an error is made in a grant of legal aid made in the manner authorised by subsection (1), the Commissioner may cancel or correct the grant.

Subsection (2) is subject to subsection (3).

A grant made in the manner authorised by subsection (1) is not subject to any of the conditions referred to in section 18.

Every grant made in the manner authorised by subsection (1) must state a maximum grant, which must be the amount prescribed under subsection (7).

The Commissioner may from time to time, by notice in the Gazette, specify the amount of the maximum grant for any grant made in the manner authorised by subsection (1).

A notice under subsection (7) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

If the Commissioner has declined an application for legal aid under this Act, the Commissioner must, in writing, advise the applicant of the decision and of his or her right to seek—

A grant of legal aid may be subject to a condition that the aided person must pay to the Commissioner an interim repayment of a specified amount determined in accordance with section 20.

Every grant of legal aid is subject to the condition that the aided person must pay to the Commissioner a repayment determined in accordance with section 21.

A grant of legal aid may be subject to the condition that the aided person must authorise a charge to be registered in favour of the Commissioner over specified property of the aided person as security for the interim repayment or the repayment, or both.

The Commissioner may lodge a caveat under section 138 of the Land Transfer Act 2017 on property over which a charge could be registered in favour of the Commissioner, regardless of whether the aided person has complied with any condition imposed under subsection (3).

Subsection (1), the provisions of subsection (3) relating to a charge as security for payment of an interim repayment required by a condition referred to in subsection (1), and subsection (4)—

The condition in subsection (2) does not apply to a grant of legal aid made on an interim basis if the Commissioner considers that the grant should not be subject to that condition.

This section does not apply to—

Every grant of legal aid for a civil matter, other than a grant to which subsection (4) applies, is subject to the condition that the aided person pay a user charge of the prescribed amount to the lead provider.

The condition relating to the user charge is satisfied once the user charge is paid and no further user charges are payable in respect of the grant to which the condition attaches.

The lead provider is authorised to receive the user charge from, or on behalf of, the aided person and may—

This section does not apply to—

A grant of legal aid is also within subsection (4) if it is made on an application for matters referred to in that subsection as well as for other matters.

In this section, person A means a person who is a party to proceedings (which includes appeals) that in any way relate to, or arise out of, an application by or on behalf of, or a grant in favour of, the person for a protection order under Part 2, or an order relating to property under Part 3, of the Domestic Violence Act 1995.

A grant of legal aid made to person A is not subject, and may not be made subject, to any of the conditions referred to in subsection (1), (2), or (3) of section 18, unless subsection (3) or (4) of this section applies.

The Commissioner may impose any of the conditions in subsection (1), (2), or (3) of section 18 on a grant of legal aid made to person A if the Commissioner considers there are exceptional circumstances that justify the imposition of 1 or more of those conditions.

If a grant of legal aid to person A is in respect of proceedings that involve matters in addition to proceedings under the Domestic Violence Act 1995, then the Commissioner may impose conditions on the part of the grant that relates to those additional matters.

If the Commissioner proposes to impose conditions under subsection (4), he or she must—

If an interim repayment is payable under a grant of legal aid, the Commissioner must determine the amount of the interim repayment by having regard to the prescribed repayment amount set by regulations.

The Commissioner may require an aided person to start making interim repayments at any time after legal aid has been granted.

This section sets out the repayment payable by an aided person under section 18(2).

The repayment payable if the proceeds of proceedings are less than the cost of services is determined by—

The repayment payable if the proceeds of proceedings equal or exceed the cost of services is the cost of services minus—

The repayment payable if there are no proceeds of proceedings is the lesser of—

The prescribed repayment amount referred to in subsection (2)(a) is zero in respect of victims’ claims proceedings.

Subsection (4) does not apply to victims’ claims proceedings.

If an aided person was granted legal aid for a prescribed offence and the Commissioner is required by section 9(2) to redetermine the person’s means, the cost of services for the purposes of calculating a repayment under subsection (4) includes the cost of services calculated under the grant before the aided person’s means were redetermined.

If more than 1 provider provides services under a grant of legal aid, any obligation of the Commissioner to pay or to communicate with a person providing services under the grant is owed only to the lead provider, and not to any other provider.

A grant of legal aid may specify a maximum grant, which is the amount of legal aid that is authorised under the grant.

A maximum grant may be expressed in any way. For example, it may refer to a total dollar amount, or a maximum number of hours, or a period within which the aid must be provided, or any combination of these or any other specifications.

When determining a maximum grant, the Commissioner may take into account any delay on the part of the applicant in applying for legal aid and the reason for the delay.

However, every grant of legal aid in respect of victims’ claims proceedings (as defined in section 4(1)) must specify a maximum grant of the amount prescribed for the purposes of this subsection by regulations.

When a party to civil proceedings is granted legal aid, the provider under the grant must at once give notice of that fact to every other party to the proceedings, and to the Registrar of the relevant court.

If any other person subsequently becomes a party to the proceedings, the provider must give an equivalent notice to the new party.

If the grant of legal aid is withdrawn, the provider under the grant must notify all other parties to the proceedings of that fact.

An aided person (and any person acting for an aided person as a lawyer, next friend, guardian ad litem, or in any other capacity) must notify the Commissioner of the following:

A person applying for legal aid (in this section, the applicant) must notify the Commissioner of the following:

A person who is no longer an aided person, but who becomes aware that he or she, while an aided person, received an increase in his or her income or disposable capital that could have affected his or her eligibility for legal aid, must notify the Commissioner of that fact as soon as practicable.

For the purposes of subsection (1), an aided person is deemed to have waived any legal professional privilege that might otherwise prevent a person acting for the aided person from complying with subsection (1).

The Commissioner must give notice to an aided person of the conditions of his or her grant of legal aid—

Every notice under subsection (1) must include—

In this section, private mediation means any mediation other than mediation that is—

The Commissioner may fund legal services related to private mediation in respect of any matter for which legal aid may be granted under section 7 if the Commissioner is satisfied that—

An application for an amendment to a grant of legal aid—

An application for an amendment to a grant of legal aid may be made after the final disposition only if—

Following an application for amendment to a grant of legal aid, the Commissioner may confirm the grant or amend it in a manner consistent with this Act and any regulations.

However, the Commissioner may, on an application under this section, amend the maximum grant under section 23(4) of legal aid in respect of victims’ claims proceedings only if satisfied that the aided person would, if section 11(2) applied to his or her application for legal aid in respect of those proceedings, be granted legal aid.

The Commissioner may, in either or both of the following circumstances, refuse to amend under subsection (4) the maximum grant under section 23(4) of legal aid in respect of victims’ claims proceedings:

In this section, final disposition means the final disposition of the matter to which the application relates, by a court, tribunal, or any other means.

In relation to a criminal matter, the Commissioner may at any time—

The Commissioner must withdraw legal aid granted in respect of a civil matter in any of the following circumstances:

In relation to a civil matter, the Commissioner may at any time withdraw legal aid from, or amend a grant of legal aid to, an aided person in any of the following circumstances:

In relation to a civil matter, the Commissioner may at any time amend the conditions on a grant of legal aid (other than the condition referred to in section 18(2)) if the Commissioner considers that the conditions of the grant of legal aid are no longer appropriate.

This section applies when the Commissioner proposes (other than with the agreement, or at the request, of the aided person) to withdraw a grant of legal aid, under section 29 or 30, in such a way that the aided person is likely to be detrimentally affected.

A grant of legal aid must not be withdrawn until—

If a grant is withdrawn, the Commissioner must immediately notify the aided person and the lead provider of—

This section does not apply to legal aid granted on an interim basis.

The withdrawal of legal aid does not affect—

If legal aid is withdrawn from an aided person because of an increase in the person’s income or disposable capital, the Commissioner may recover from the aided person any amount paid or payable by the Commissioner under the grant (less any interim repayment already paid by the person) in respect of—

Any amount recoverable by the Commissioner under subsection (2) is to be treated for all purposes as if it were a repayment payable by the aided person to the Commissioner.

If legal aid is withdrawn from a person who was receiving aid from a provider, the provider has the right to recover from the aided person the difference between the amount paid or payable by the Commissioner under this Act and the full amount of that provider’s fees and disbursements.

The Commissioner is not obliged to pay for any services provided to an aided person after the date on which legal aid is withdrawn.

At any time, the total amount payable to the Commissioner by an aided person in respect of a grant is—

An amount payable to the Commissioner as a condition of a grant of legal aid (whether as an interim repayment or a repayment) and any other amount payable to the Commissioner in respect of the grant may be recovered in any court or tribunal of competent jurisdiction as a debt due to the Commissioner.

The Commissioner may, by agreement with the aided person, make whatever arrangements (including any adjustments to those arrangements) that the Commissioner considers appropriate for the payment by the aided person of any amount payable under a grant of legal aid, or any other debt payable to the Commissioner by the aided person.

In making any arrangements under subsection (3), the Commissioner must have regard to the following principles:

Despite subsection (4), the Commissioner may, after having regard to the principles in that subsection, make whatever arrangements the Commissioner considers appropriate in the circumstances.

The Commissioner may, in accordance with this section,—

The Commissioner must not make a decision under subsection (1)(a) or (b) unless—

No adjustment to the rate of payment of a debt may be made until the Commissioner—

The Commissioner may not require an aided person to commence or recommence payment of a debt until the Commissioner—

If the Commissioner decides to adjust the rate of payment of a debt or require an aided person to commence or recommence payment of a debt, the Commissioner must notify the aided person in writing of—

The proceeds of proceedings to which a grant of legal aid relates are subject to a charge in favour of the Commissioner for the amount of the repayment payable under the grant.

Subsection (1) operates to create a charge even if the grant of legal aid in respect of the relevant proceedings has been withdrawn.

A charge created by this section on any damages or costs does not prevent a court from allowing these to be set off against other damages or costs in a case where a solicitor’s lien for costs would not prevent it.

A charge created by this section may be registered,—

Subsection (1) does not apply to property returned, transferred, or granted to an aided person as a result of proceedings before the Waitangi Tribunal.

The Commissioner may, on application by an aided person, exempt any property that is part of the proceeds of proceedings from being subject to a charge under section 36.

The Commissioner may exercise his or her power under subsection (1) if the Commissioner considers that, having regard to the value or nature of the property and all other relevant circumstances, it would be just and equitable to do so.

Any application for exemption must be made within 20 working days (or such longer time as the Commissioner, on application, allows) of the date of the judgment or out-of-court settlement giving rise to the proceeds of proceedings.

On receipt of an application for exemption, the Commissioner must—

If any property of an aided person is subject to a charge, the Commissioner may, if he or she considers that it would be unjust or unreasonable to require immediate payment of the amount charged, enter into an agreement with the aided person for the release of all or part of the property from all or part of the charge.

The agreement may provide for all or part of the charge to attach to any other property of the aided person, and may be subject to conditions.

The agreement has the effect of—

In order to recover a debt due under a grant of legal aid, the Commissioner may enforce, in any manner that would be available if the charge had been given between the parties, a charge—

A transfer or act done with the intention, or having the effect, of defeating a charge referred to in subsection (1) is void as against the Commissioner, except where the transfer or act is to or in favour of a purchaser in good faith for value who, at the time of the transfer or act, had no notice of the charge.

Subsection (2) applies to any amount that is payable in respect of a grant of legal aid made on or after the commencement of this section (as substituted by section 13 of the Legal Services Amendment Act 2013).

An aided person must pay the Commissioner interest, calculated in accordance with, and at the rate or rates prescribed by, the regulations on any debt that is owed, during any period specified in the regulations, by the aided person to the Commissioner in respect of a grant of legal aid.

Subsection (4) applies to a debt (a prior debt) that is owed by an aided person to the Commissioner in respect of a grant of legal aid made before the commencement of this section (as substituted by the Legal Services Amendment Act 2013).

The Commissioner may, by written notice, require the aided person to pay interest in respect of the prior debt (whether or not the person is in default), and then, as from the date stated in the notice for the purpose, subsection (2) applies to the person and to the prior debt.

Despite subsection (2), interest is not payable—

The interest must be calculated and paid in accordance with the regulations.

Subsection (4) does not affect any subsisting requirement under section 40(1) (as in force before the commencement of section 13 of the Legal Services Amendment Act 2013).

An aided person must take all steps necessary to enforce a judgment or out-of-court settlement in order to recover the proceeds of proceedings.

If the aided person fails to take such steps, the Commissioner may enforce the judgment or out-of-court settlement as if it were in favour of the Commissioner, and may recover the costs of doing so from the aided person.

In this section and in sections 41B to 41J, unless the context otherwise requires,—

This section applies whenever the Commissioner has reminded an aided person in writing of the person’s obligation to pay an overdue amount or has taken any other action to obtain payment of the overdue amount.

The Commissioner may issue, in writing, a deduction notice requiring a third party to deduct an amount specified in the notice due from any payment that is payable or will become payable by the third party to the aided person, whether that payment will be made—

The Commissioner must specify in the deduction notice—

The Commissioner must give the aided person a copy of the deduction notice.

A deduction notice is revoked when the Commissioner notifies the third party in writing to that effect or issues a new deduction notice.

The Commissioner—

Every deduction notice is subject to sections 41C to 41J.

In any case where an aided person is employed within a department (within the meaning of the State Sector Act 1988), a deduction notice may be issued to the chief executive of that department in respect of any salary or wages payable to the aided person.

In any case where a third party deducts, under a deduction notice, any money payable to an aided person, the aided person is, to the extent of the amount deducted, discharged from his or her obligation to pay the overdue amount.

Where the third party is a bank, any money held by the bank to the credit of the aided person is subject to the provisions of section 41B and the amount required to be deducted under the deduction notice is, without prejudice to any other remedies against the aided person or any other person, deemed to be held in trust for the Commissioner and is a debt due to the Commissioner and may be recovered in any court or tribunal of competent jurisdiction.

For the purposes of this section, bank means a person carrying on in New Zealand the business of banking, a credit union within the meaning of the Friendly Societies and Credit Unions Act 1982, and a building society within the meaning of the Building Societies Act 1965; but does not include the Reserve Bank of New Zealand established under the Reserve Bank of New Zealand Act 1989 (except in relation to an account maintained by that bank for an employee of the bank).

For the purposes of this section, money held by the bank to the credit of the aided person includes money, and any interest on money, that is on deposit or deposited with a bank to the credit of the aided person, whether or not—

For the purposes of this section, money on deposit with a bank is deemed to be to the credit of the aided person if the money—

Any person who makes a deduction under a deduction notice is deemed to be acting—

A third party must, on request, give the aided person a statement in writing of any amount deducted, and of the purpose for which the deduction was made.

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who—

Every employer commits an offence and is liable on conviction to a fine not exceeding $1,000 who dismisses an employee or alters an employee’s position in the employer’s business or undertaking to the employee’s prejudice by reason of a deduction notice having been issued to the employer.

Despite anything in sections 41B to 41G, where a deduction notice is issued to an employer of an aided person, the employer must not, in making deductions under the deduction notice, reduce the amount paid to the aided person by way of salary or wages in respect of any week to an amount that is less than 60% of the amount calculated as being the aided person’s net ordinary weekly pay for a week.

For the purposes of this section, the aided person’s net ordinary weekly pay for a week is the balance left after deducting from the aided person’s ordinary weekly pay (as defined in section 8 of the Holidays Act 2003) the amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 if that ordinary weekly pay were the only salary or wages paid to the aided person by the employer in respect of a week.

For the purposes of this section, where deductions are required to be made from a payment of a kind described in any of paragraphs (b) to (d) of the definition of payment in section 41A, then—

A third party is liable to pay to the Commissioner a penalty calculated in accordance with subsection (2) if the third party fails wholly or in part to—

The penalty referred to in subsection (1) must be calculated as follows:

The Commissioner may, in his or her discretion, remit the whole or part of a penalty if he or she is satisfied that the failure to make the deduction or the payment was due to circumstances reasonably beyond the third party’s control, or that, in all the circumstances, the imposition of that penalty would be inequitable.

If the Commissioner decides to remit the whole or part of any penalty and any amount of the penalty has been paid under this section, the Commissioner may refund any excess.

An amount payable to the Commissioner under subsection (1) is a debt due to the Commissioner and may be recovered in any court or tribunal of competent jurisdiction.

The provisions of section 115 apply to a deduction notice given to a third party under section 41B except that if the third party is an agency, such as a business, government department, Crown entity or other instrument of the Crown, the notice may be left at, or posted to, the head office of the agency or to the office of the agency responsible for making the payment to which the deduction notice relates.

The Commissioner may decide not to recover any debt due to the Commissioner under a grant of legal aid if—

The Commissioner may make a decision under subsection (1) at the time that legal aid is granted, or at any time after it is granted.

If the Commissioner decides not to recover a debt,—

In subsection (1), serious hardship means significant financial difficulties that arise because of—

The Commissioner may write off all or any part of any repayment, interim repayment, interest, or any other debt payable to the Commissioner by an aided person in any of the following circumstances:

When a debt has been written off under this section, the Commissioner must give notice to the debtor of the write-off.

When a debt is written off under this section, the debtor is, from the date of the write-off, no longer liable to pay the debt.

If, despite the write-off, a debtor repays some or all of a written-off debt, the Commissioner must return the amount that was written off.

The write-off of a debt does not affect the Commissioner’s obligation to pay any person who provided legal services under the relevant grant of legal aid.

In subsection (1), serious hardship has the meaning given in section 42(4).

The Commissioner must refund any amount paid by an aided person to the Commissioner that is—

In assessing the cost of services for the purposes of subsection (1)(b), any interest paid under section 40 must be disregarded.

If an aided person receives legal aid for civil proceedings, that person’s liability under an order for costs made against him or her with respect to the proceedings must not exceed an amount (if any) that is reasonable for the aided person to pay having regard to all the circumstances, including the means of all the parties and their conduct in connection with the dispute.

No order for costs may be made against an aided person in a civil proceeding unless the court is satisfied that there are exceptional circumstances.

In determining whether there are exceptional circumstances under subsection (2), the court may take account of, but is not limited to, the following conduct by the aided person:

Any order for costs made against the aided person must specify the amount that the person would have been ordered to pay if this section had not affected that person’s liability.

If, because of this section, no order for costs is made against the aided person, an order may be made specifying what order for costs would have been made against that person with respect to the proceedings if this section had not affected that person’s liability.

If an order for costs is made against a next friend or guardian ad litem of an aided person who is a minor or is mentally disordered, then—

This section applies if an order is made under section 45 that specifies that an aided person would have incurred a liability, or a greater liability, for costs if that section had not affected his or her liability.

If this section applies, the party to the proceedings who is prejudiced by the operation of section 45 (in this section, the applicant) may apply to the Commissioner in the prescribed manner for payment by the Commissioner of some or all of the difference between the costs (if any) actually awarded to that party against the aided person and those to which that party would have been entitled if section 45 had not affected the aided person’s liability.

In considering any such application, the Commissioner must have regard to the following matters:

For the purposes of subsection (3)(c), the Commissioner may require any person to furnish information on the financial circumstances and needs of the applicant.

If, having regard to the matters specified in subsection (3) and to any information received under subsection (4), and to all relevant circumstances, the Commissioner considers that any payment should be made by the Commissioner to the applicant, the Commissioner may determine accordingly and must make the payment.

The Commissioner may recover any payment made under this section from the aided person as a debt due to the Commissioner, unless the payment relates to an order made under section 45(5).

The Commissioner may make a payment under this section to a lawyer who is not a provider under this Act.

This section and sections 48 to 50 apply to an application for legal aid made in respect of any proceedings before the Waitangi Tribunal where—

The Commissioner may grant an application to which this section applies only if the Commissioner is satisfied—

The Commissioner must take into account the information supplied by the Waitangi Tribunal under section 49 when determining whether or not to grant legal aid to the applicant and may, in the light of that information,—

Nothing in this section prevents an applicant from making a further application for legal aid in respect of the proceedings to which the first application relates.

In determining whether the group of Māori for whose benefit the claim to which the application relates is made would suffer substantial hardship if aid were not granted, the Commissioner may take into account not only the financial resources of those members of the group who are immediately involved in making the claim, but also the extent to which other members of the group, or any incorporated body that represents the members of the group, or both, might reasonably be expected to contribute towards the costs of the proceedings.

The Commissioner may, in his or her discretion, refuse to grant the application if the applicant does not supply sufficient information concerning the financial resources of such persons and bodies as the Commissioner may specify for the purposes of making a determination referred to in subsection (1).

In determining whether to refuse to grant an application on the ground specified in subsection (2), the Commissioner must consider and have regard to the following matters:

In subsection (1), incorporated body includes—

Before determining an application to which this section applies, the Commissioner must refer the application to the Waitangi Tribunal for the purpose of obtaining a report containing information required by regulations.

If, at any time, the Commissioner believes that the circumstances of the applicant or the application have changed, the Commissioner may seek an up-to-date report from the Waitangi Tribunal.

The Waitangi Tribunal must supply to the Commissioner the information sought under this section.

A condition requiring repayment of an amount under a grant of legal aid made under section 47 may be made only in accordance with this section.

The applicant, or any person or body whose resources are taken into account for the purposes of making a determination referred to in section 48(1), or both, may be required to make a repayment towards the cost of legal services.

The total of the repayment required to be paid under a grant of legal aid made under section 47 must not exceed an amount that is fair and reasonable, having regard to—

Every repayment required in accordance with this section under a grant of legal aid is recoverable in the same way as any other repayment required to be paid under this Act.

A person (who may be an aided person or an applicant for legal aid) who is aggrieved by a decision of the Commissioner that affects that person, may apply in the prescribed manner to the Commissioner for a reconsideration of the decision.

A lead provider whose claim has been declined under section 99(5) may apply in the prescribed manner to the Commissioner for a reconsideration of the decision to decline the claim.

An application must, subject to subsection (3), be made within 20 working days after the date on which notice of the relevant decision is given to the person.

The Commissioner may accept a late application no later than 3 months after the date on which notice of the relevant decision was given to the person if the Commissioner is satisfied that exceptional circumstances prevented the application from being made within 20 working days after the date on which notice was given.

A failure by the Commissioner to advise a person of his or her right to seek a reconsideration does not of itself establish exceptional circumstances for the purposes of subsection (3).

The Commissioner must delegate the responsibility for reconsidering the decision to a person other than the one who made the original decision.

The Commissioner may decline to reconsider a decision if the Commissioner has already reconsidered that decision or a decision relating to substantially the same issue.

A person must not, other than under section 52(3), apply for a review of a decision of the Commissioner unless the person has first sought and obtained a reconsideration of that decision under this section.

An aided person or an applicant for legal aid may apply to the Tribunal for a review of the Commissioner’s reconsideration of a decision referred to in subsection (2) on the grounds that it is—

The decisions that may be reviewed are decisions that affect the applicant for review, and relate to any 1 or more of the following:

A party who has applied to the Commissioner for payment of costs under section 46 may apply to the Tribunal for a review of the Commissioner’s decision under that section on the grounds that the decision is—

A lead provider may apply to the Tribunal for a review of the Commissioner’s reconsideration of a decision referred to in section 51(1A) on the ground that it is—

In this section, decision includes a failure or refusal to make or reconsider a decision.

An application for review must, subject to subsection (2), be made in the prescribed manner to the chairperson of the Tribunal within 20 working days after the date on which notice of the relevant decision is given to the applicant.

The chairperson of the Tribunal may accept a late application no later than 60 working days after the date on which notice of the relevant decision was given to the applicant if the chairperson is satisfied that exceptional circumstances prevented the application from being made within 20 working days after the date on which notice was given.

In deciding whether to accept a late application for review under subsection (2), the chairperson must have regard to whether the applicant made a late application for reconsideration of the original decision, and the applicant’s reasons for that late application.

On receipt of an application for review, the chairperson of the Tribunal—

For the purposes of conducting and determining a review, the Tribunal consists of 1 member of the Tribunal.

The Tribunal may require the Commissioner to provide either or both of the following:

The Tribunal may receive and obtain from any person any submission, statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the review before it.

The review must be conducted on the papers, with all reasonable speed.

The Tribunal may determine a review by confirming, modifying, or reversing the decision under review.

Every determination by the Tribunal must be accompanied by a brief summary of the reasons for it.

The Tribunal may, instead of determining a review, give a direction to the Commissioner to reconsider all or any part of the decision to which the review relates.

If the Tribunal gives a direction under subsection (1),—

The Tribunal may order that any part of any evidence given or the name of any witness not be published.

An order may be made subject to any conditions that the Tribunal considers appropriate.

The chairperson of the Tribunal may direct such publication of decisions of the Tribunal as the chairperson considers necessary or desirable in the public interest.

Subsection (1) is subject to section 57A.

If the Commissioner or an applicant considers that the Tribunal’s determination is wrong in law, the Commissioner or the applicant (as the case may be) may appeal to the High Court on the question of law, and the appeal must be dealt with in accordance with the rules of court.

Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to a decision of the High Court on an appeal under section 59 as if the decision had been made under section 300 of that Act.

The chairperson of the Tribunal may state a case for the opinion of the High Court on any point of law that arises on a review under this subpart of a decision of the Commissioner.

This section establishes the Legal Aid Tribunal.

The Tribunal consists of the chairperson and other members appointed under section 64.

The functions of the Tribunal are to—

The Governor-General must, on the recommendation of the Minister,—

A person must not be appointed as a member of the Tribunal who—

A person must not be appointed chairperson unless he or she has held a practising certificate as a barrister or solicitor for at least 7 years.

If the person to be appointed chairperson is a provider, his or her approval to provide legal aid services under this Act ceases when the person assumes office as chairperson.

The primary function of the chairperson is to ensure that the Tribunal performs its functions in accordance with this Act in an efficient and effective manner.

The chairperson has all the powers necessary in order to perform his or her functions, including the power to—

The chairperson of the Tribunal may delegate any of the chairperson’s functions, duties, and powers to a member of the Tribunal who the chairperson is satisfied has the capability, skills, and experience to perform and exercise those functions, duties, and powers.

A delegation—

A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with clause 4 of Schedule 3 for work undertaken in that capacity.

If the chairperson or a member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting chairperson or an acting member for the period or purpose stated in the appointment.

No person may be appointed as the acting chairperson or an acting member unless he or she is eligible for appointment to the relevant position.

The acting chairperson or an acting member is, while acting in the position, to be treated as the chairperson or a member of the Tribunal.

No appointment of an acting chairperson or acting member, no act done by an acting chairperson or acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

Part 1 of Schedule 3 contains further provisions that apply to the Tribunal.

The functions of the Secretary under this Act are—

For the purposes of performing his or her functions, the Secretary may—

Without limiting section 68(2)(c), the methods of delivery of legal services may include—

A person must be appointed under the State Sector Act 1988 to hold office as Legal Services Commissioner.

The person to be appointed Commissioner must be an existing employee of the Ministry or be appointed an employee of the Ministry when appointed Commissioner.

The Commissioner must, except to the extent that section 71(2) applies, act under the direction of the Minister and the Secretary.

The Commissioner has the following functions:

The Commissioner must act independently when performing any function stated in subsection (1)(a) to (d).

The Commissioner may, as he or she thinks fit, delegate to any person any of his or her powers, functions, or duties under this Act or any other enactment.

A delegation under subsection (1)—

A person who is delegated any powers, functions, or duties under section 72—

Every person purporting to act under any delegation under section 72 is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

This subpart applies to—

A person must not provide a legal aid service or specified legal service unless—

An application for approval to provide legal aid services or specified legal services must be made to the Secretary in the prescribed manner.

The Secretary may give a person approval to provide 1 or more legal aid services or specified legal services if the Secretary is satisfied that the person meets the criteria prescribed in regulations.

The Secretary may impose conditions on the approval. The conditions that may be imposed are those prescribed in regulations.

The approval—

The Secretary must provide reasons for his or her decision to give or decline approval.

The Secretary may give a person a temporary approval to provide 1 or more legal aid services or specified legal services if—

Subsections (2) and (3) apply to a temporary approval as if it were an approval.

The Secretary must, after giving an approval or temporary approval, give a copy of it to the New Zealand Law Society.

The Secretary may establish 1 or more selection committees to—

The Secretary—

The Secretary must establish a performance review committee.

The function of the committee is to assess and advise the Secretary of any matter referred to the committee by the Secretary relating to the performance of a provider.

The Secretary may make a referral to the committee if—

The members of the committee must be appointed by the Secretary.

The Secretary must appoint a member with at least 7 years’ legal experience as chairperson of the committee.

The Committee must consist of members who, collectively,—

Part 2 of Schedule 3 contains further provisions that apply to selection committees and the performance review committee.

The fact that a provider provides legal aid services or specified legal services under this Act does not in any way affect that provider’s obligations under any rules or codes of conduct of any professional body to which that provider belongs.

The fact that a lawyer provides legal aid services or specified legal services under this Act does not in any way affect—

Subsections (1) and (2) are subject to any express provisions of this Act.

A person may apply to the Review Authority for a review of a decision of the Secretary in respect of that person—

An application for review must be lodged with the Review Authority within 20 working days from the date of notice of the Secretary’s decision.

The Review Authority may accept a late application no later than 3 months after the date on which notice of the relevant decision was given to the person, if the Review Authority is satisfied that exceptional circumstances prevented the application from being made within 20 working days after the date on which notice is given.

A person may not apply for judicial review of any decision made under this subpart until the person has sought and obtained a review of the Secretary’s decision under section 82.

This section establishes the Review Authority.

The Minister must appoint 1 person to be the Review Authority and may appoint 1 or more Deputy Review Authorities.

A person appointed under this section must be enrolled as a barrister and solicitor of the High Court of New Zealand and must have at least 7 years’ legal experience.

The function of the Review Authority is to review decisions of the Secretary set out in section 82(1).

The Review Authority may review a decision of the Secretary only on the application of a person in respect of whom the decision is made.

The Review Authority may strike out, in whole or in part, a review if satisfied that it—

The Review Authority may determine a review by confirming, modifying, or reversing the decision under review.

The Review Authority must provide reasons for its decision.

The Review Authority’s decision is binding on the Secretary and the person to whom the decision applies.

The Review Authority may order that any part of any evidence given or the name of any witness not be published.

An order may be made subject to any conditions that the Review Authority considers appropriate.

Part 3 of Schedule 3 contains further provisions that apply to the Review Authority.

A Deputy Review Authority appointed under section 84(2) has the functions, powers, duties, and immunities of the Review Authority (except the function of issuing practice notes under section 87D), and every reference to the Review Authority in sections 85 to 87 and in Part 3 of Schedule 3 is taken to include a reference to a Deputy Review Authority.

This section is subject to section 87B.

A Deputy Review Authority may review decisions only if—

If there are 2 or more Deputy Review Authorities, the Review Authority must nominate 1 Deputy Review Authority (the nominated deputy) to exercise the power under subsection (1)(c) and that nominated deputy may then exercise that power when the Review Authority is absent from duty (for any reason) or when there is a vacancy in the office of the Review Authority.

A nomination—

Despite subsection (1), if, during the absence of the Review Authority from duty (for any reason) or a vacancy in the office of the Review Authority, there are 2 or more Deputy Review Authorities, a Deputy Review Authority may review a decision in accordance with subsection (1) only if—

The fact that a Deputy Review Authority purports to exercise or perform, or to have exercised or performed, any function, duty, or power under this section or under an assignment under subsection (1)(c) or under a nomination under subsection (2) is, in the absence of proof to the contrary, sufficient evidence of the person’s authority to do so.

If the Review Authority or a Deputy Review Authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Review Authority or a Deputy Review Authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Minister may appoint a suitable person as the acting Review Authority or an acting Deputy Review Authority for the period or purpose stated in the appointment.

No person may be appointed as the acting Review Authority or an acting Deputy Review Authority unless he or she is eligible for appointment to the relevant position.

The acting Review Authority or an acting Deputy Review Authority is, while acting in the position, to be treated as the Review Authority or a Deputy Review Authority.

No appointment of an acting Review Authority or acting Deputy Review Authority and no act done by an acting Review Authority or acting Deputy Review Authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

The Review Authority may issue practice notes as he or she thinks fit.

The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of a Deputy Review Authority, officers of the Authority, and parties before the Authority.

The Ministry may carry out quality assurance checks on providers of legal aid services or specified legal services to ensure that the services are delivered in an effective and efficient manner.

The Commissioner may examine a claim or part of a claim by a provider of legal aid services or specified legal services if—

An aided person may request the Commissioner to examine the cost of services under a grant of legal aid to the person if he or she considers that the lead provider—

The aided person may request an examination at any time before the 20th day (or such longer time as the Commissioner, on application, allows) after the person has received notice of the cost of services.

The Secretary may at any time audit any provider of legal aid services or specified legal services.

Every audit must be conducted by an auditor.

The purpose of the audit is to enable the Secretary to assess and review the quality and value of the services provided by the provider that have been, or may be, paid for by the Secretary.

The audit may, without limitation, include an assessment of—

A provider who is subject to an examination or audit must co-operate with the auditor and, in particular, must—

A provider is not obliged to comply with subsection (1) until the auditor shows the provider a copy of the auditor’s authority from the Secretary to conduct the examination or audit.