Legal Services Regulations 2011

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Version as at 1 January 2023

Legal Services Regulations 2011

(SR 2011/144)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 23rd day of May 2011

Present:
His Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Justice.

Pursuant to section 114 of the Legal Services Act 2011, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1	Title
2	Commencement
3	Interpretation
3A	Transitional, savings, and related provisions
4	Application
	Financial eligibility for legal aid
5	Legal aid for civil matters: maximum levels of income
6	Legal aid for civil matters: maximum levels of disposable capital
	Calculation of resources
7	Determining disposable capital: home equity allowance
8	Determining capital and disposable capital: valuation of assets
9	Resources that have been disposed of
	User charge
9A	User charge
9B	Exemption from user charge for proceedings relating to historical abuse
	Prescribed repayment amount
10	Prescribed repayment amount
11	Maximum amount payable based on capital
12	Maximum amount payable based on income
	Expenses associated with securing of debts
13	Expenses associated with securing of debts
	Interest on unpaid legal aid debt
14	Interest rate
14A	Period during which interest accrues
	Victims’ claims proceedings
15	Maximum grant to be specified for grants of legal aid
	Applications in respect of minors and others
16	Application by minors
17	Application by persons incapable of completing application because of mental or physical infirmity
18	Application by non-residents
	Payment for legal aid work
19	Claiming for payment for legal aid services
	Waitangi Tribunal report
20	Information required in report of Waitangi Tribunal
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Maximum amount payable based on capital
	Schedule 2 Maximum amount payable based on income
	Gazette Information
	Notes

Regulations

1 Title

These regulations are the Legal Services Regulations 2011.

2 Commencement

These regulations come into force on 1 July 2011.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Legal Services Act 2011

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

Commissioner means the Legal Services Commissioner.

(1A)

For the purposes of Schedules 1AA and 2, a repayment is determined on the date that the repayment payable by an aided person is determined in accordance with section 21 of the Act.

(2)

Any term that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

Regulation 3(1A): inserted, on 1 January 2023, by regulation 4 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

Regulation 3A: inserted, on 1 January 2023, by regulation 5 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

4 Application

(1)

These regulations apply to applications for legal aid made on or after 1 July 2011.

(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).

Regulation 4(2): inserted, on 2 July 2012, by regulation 4 of the Legal Services Amendment Regulations 2012 (SR 2012/95).

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)

for a single applicant with no dependent children,—

(i)

$27,393 per year if the application is granted during the period beginning with 1 January 2023 and ending with the close of 30 June 2023; and

(ii)

$27,913 per year if the application is granted during the period beginning with 1 July 2023 and ending with the close of 30 June 2024; and

(iii)

$28,444 per year if the application is granted during the period beginning with 1 July 2024 and ending with the close of 30 June 2025; and

(iv)

$28,984 per year if the application is granted on or after 1 July 2025:

(b)

for a single applicant with 1 dependent child, or an applicant with a spouse or partner and no dependent children,—

(i)

$43,380 per year if the application is granted during the period beginning with 1 January 2023 and ending with the close of 30 June 2023; and

(ii)

$44,205 per year if the application is granted during the period beginning with 1 July 2023 and ending with the close of 30 June 2024; and

(iii)

$45,044 per year if the application is granted during the period beginning with 1 July 2024 and ending with the close of 30 June 2025; and

(iv)

$45,900 per year if the application is granted on or after 1 July 2025:

(c)

for a single applicant with 2 dependent children, or an applicant with a spouse or partner and 1 dependent child,—

(i)

$62,381 per year if the application is granted during the period beginning with 1 January 2023 and ending with the close of 30 June 2023; and

(ii)

$63,567 per year if the application is granted during the period beginning with 1 July 2023 and ending with the close of 30 June 2024; and

(iii)

$64,775 per year if the application is granted during the period beginning with 1 July 2024 and ending with the close of 30 June 2025; and

(iv)

$66,005 per year if the application is granted on or after 1 July 2025:

(d)

for a single applicant with 3 dependent children, or an applicant with a spouse or partner and 2 dependent children,—

(i)

$70,888 per year if the application is granted during the period beginning with 1 January 2023 and ending with the close of 30 June 2023; and

(ii)

$72,235 per year if the application is granted during the period beginning with 1 July 2023 and ending with the close of 30 June 2024; and

(iii)

$73,608 per year if the application is granted during the period beginning with 1 July 2024 and ending with the close of 30 June 2025; and

(iv)

$75,006 per year if the application is granted on or after 1 July 2025:

(e)

for a single applicant with 4 dependent children, or an applicant with a spouse or partner and 3 dependent children,—

(i)

$79,214 per year if the application is granted during the period beginning with 1 January 2023 and ending with the close of 30 June 2023; and

(ii)

$80,719 per year if the application is granted during the period beginning with 1 July 2023 and ending with the close of 30 June 2024; and

(iii)

$82,253 per year if the application is granted during the period beginning with 1 July 2024 and ending with the close of 30 June 2025; and

(iv)

$83,816 per year if the application is granted on or after 1 July 2025:

(f)

for a single applicant with 5 dependent children, or an applicant with a spouse or partner and 4 dependent children,—

(i)

$88,552 per year if the application is granted during the period beginning with 1 January 2023 and ending with the close of 30 June 2023; and

(ii)

$90,235 per year if the application is granted during the period beginning with 1 July 2023 and ending with the close of 30 June 2024; and

(iii)

$91,949 per year if the application is granted during the period beginning with 1 July 2024 and ending with the close of 30 June 2025; and

(iv)

$93,696 per year if the application is granted on or after 1 July 2025.

(2)

If a single applicant has more than 5 dependent children, or an applicant has a spouse or partner and more than 4 dependent children, the maximum level of income per year for that applicant is calculated by adding $8,192 for each additional child to the amount specified in subclause (1)(f)(i), (ii), (iii), or (iv), as relevant.

Regulation 5: replaced, on 1 January 2023, by regulation 6 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

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 Commissioner 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 Commissioner 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 Commissioner, 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 Commissioner 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 Commissioner.

(2)

The Commissioner 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.

User charge

Heading: inserted, on 2 September 2013, by regulation 4 of the Legal Services Amendment Regulations 2013 (SR 2013/309).

9A User charge

(1)

For the purposes of section 18A of the Act, the amount of the user charge is,—

(a)

before 1 January 2023, $43.48; and

(b)

on and after 1 January 2023, $0.00.

(2)

Any user charge payable before 1 January 2023 and unpaid as of that date remains payable.

Regulation 9A: replaced, on 1 January 2023, by regulation 7 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

9B Exemption from user charge for proceedings relating to historical abuse

(1)

The following proceedings are exempt from the user charge payable under section 18A of the Act:

(a)

the proceedings described in subclause (2); and

(b)

any appeals made in connection with those proceedings.

(2)

The proceedings referred to in subclause (1)(a) are proceedings commenced by an aided person against the Crown in respect of an incident, or an alleged incident, that—

(a)

occurred before 1 July 1993; and

(b)

involved the abuse (whether physical, sexual, or psychological) or ill-treatment of the aided person; and

(c)

occurred while the aided person—

(i)

had a disability or was under 18; and

(ii)

was in the care of the Crown.

(3)

In this regulation,—

care of the Crown means care provided under the direction or supervision of a specified agency in—

(a)

a psychiatric hospital; or

(b)

a hospital care institution as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001; or

(c)

an institution as defined in section 2 of the Child Welfare Act 1925; or

(d)

a residence as defined in section 2(1) of the Oranga Tamariki Act 1989; or

(e)

a residential special school; or

(f)

any other place—

(i)

defined or referred to in a repealed enactment and carrying a similar meaning to a place described in paragraphs (a) to (e); or

(ii)

that is otherwise closely associated with, or similar to, a place described in paragraphs (a) to (e)

disability has the meaning given in section 21(1)(h) of the Human Rights Act 1993

psychiatric hospital means a hospital within the meaning of section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992

residential special school means a special school established under section 197 of the Education and Training Act 2020 that has a boarding facility for students attending the school

specified agency means—

(a)

the Ministry of Education and the Ministry of Social Development; and

(b)

any former government department that exercised substantially the same functions as a Ministry specified in paragraph (a) but operated under a different name; and

(c)

a board constituted under subpart 5 of Part 3 of the Education and Training Act 2020; and

(d)

any of the following whose liabilities have since been transferred to the Crown under section 28(d) of the New Zealand Public Health and Disability Amendment Act 2012:

(i)

a hospital board:

(ii)

an area health board:

(iii)

any other organisation.

Regulation 9B: inserted, on 1 November 2015, by regulation 4 of the Legal Services Amendment Regulations 2015 (LI 2015/224).

Regulation 9B(3) care of the Crown paragraph (d): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Regulation 9B(3) residential special school: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 9B(3) specified agency paragraph (c): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Prescribed repayment amount

10 Prescribed repayment amount

For the purposes of sections 20 and 21 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.

Expenses associated with securing of debts

Heading: replaced, on 2 September 2013, by regulation 5 of the Legal Services Amendment Regulations 2013 (SR 2013/309).

13 Expenses associated with securing of debts

The following expenses are specified for the purposes of section 33(d) of the Act:

(a)

expenses incurred in preparing an agreement under section 34(3) of the Act:

(b)

expenses incurred in registering a charge:

(c)

expenses incurred in lodging a caveat.

Regulation 13: replaced, on 2 September 2013, by regulation 5 of the Legal Services Amendment Regulations 2013 (SR 2013/309).

Interest on unpaid legal aid debt

Heading: inserted, on 2 September 2013, by regulation 6 of the Legal Services Amendment Regulations 2013 (SR 2013/309).

14 Interest rate

(1)

For the purposes of section 40 of the Act, interest is payable any time before 1 January 2023 at the rate that, at that time, is the default public sector discount rate published by the Treasury as a percentage.

(2)

For the purposes of section 40 of the Act, interest is payable any time on or after 1 January 2023 at the rate of 0.00%.

(3)

Any interest accrued on a legal aid debt before 1 January 2023 and unpaid as of that date remains payable.

Regulation 14: replaced, on 1 January 2023, by regulation 8 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

14A Period during which interest accrues

The period referred to in section 40(2) of the Act is the period commencing on the day that is 6 months after the date on which the debt is finally determined under section 21 of the Act and ending when the debt has been repaid in full.

Regulation 14A: inserted, on 2 September 2013, by regulation 6 of the Legal Services Amendment Regulations 2013 (SR 2013/309).

Victims’ claims proceedings

15 Maximum grant to be specified for grants of legal aid

(1)

For the purposes of section 23(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 provider at the applicable hourly rate set by the Commissioner:

(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.

(2)

In this regulation, Tribunal means a tribunal within the meaning of section 4 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 14(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.

Payment for legal aid work

19 Claiming for payment for legal aid services

(1)

A claim for payment for legal aid services must be made for each day that the services are provided, unless the services are subject to a fixed fee arrangement, in which case the claim must be made for services that are completed in accordance with the fixed fee arrangement.

(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.

(3)

A claim for payment is deemed to have been made when it is received by the Secretary for Justice.

Regulation 19(2): replaced, on 2 July 2012, by regulation 5 of the Legal Services Amendment Regulations 2012 (SR 2012/95).

Regulation 19(2A): inserted, on 2 July 2012, by regulation 5 of the Legal Services Amendment Regulations 2012 (SR 2012/95).

Waitangi Tribunal report

20 Information required in report of Waitangi Tribunal

(1)

A report of the Waitangi Tribunal that must be supplied to the Commissioner under section 49 of the Act must contain the following information:

(a)

whether the applicant has submitted a claim to the Waitangi Tribunal, and if so, the group (if any) for whose benefit the claim is submitted:

(b)

a brief description of the claim including—

(i)

the allegations made against the Crown; and

(ii)

in relation to a specified period, the extent to which the Waitangi Tribunal has been engaged or is likely to be engaged (if this can be ascertained) in the claim:

(c)

whether a provider representing the applicant has filed any documents or submissions in relation to the claim and, if so, whether the documents or submissions were filed solely in relation to the claim, or in relation to more than 1 claim:

(d)

the extent to which the claim relates to other claims before the Waitangi Tribunal:

(e)

whether the Waitangi Tribunal considers that the terms on which the applicant may be represented by a provider should be limited in any way and, if so, in what way.

(2)

In subclause (1)(b)(ii), specified period means a period specified by the Commissioner by reference to time, events, or both.

Schedule 1AA Transitional, savings, and related provisions

r 3A

Schedule 1AA: inserted, on 1 January 2023, by regulation 9 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

Part 1 Provisions relating to Legal Services Amendment Regulations 2022

Schedule 1AA Part 1: inserted, on 1 January 2023, by regulation 9 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

1 Interpretation

In this Part, commencement means the commencement of the Legal Services Amendment Regulations 2022.

Schedule 1AA clause 1: inserted, on 1 January 2023, by regulation 9 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

2 Maximum amount payable

(1)

This clause applies to an aided person whose legal aid debt was—

(a)

determined prior to commencement; and

(b)

not paid prior to commencement.

(2)

The amount of the repayment remains payable on and after commencement.

Schedule 1AA clause 2: inserted, on 1 January 2023, by regulation 9 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

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 ($)
0	0–1,500	0–2,000
50	1,501–1,900	2,001–2,400
145	1,901–2,300	2,401–2,800
270	2,301–2,700	2,801–3,200
430	2,701–3,100	3,201–3,600
625	3,101–3,500	3,601–4,000
850	3,501–3,900	4,001–4,400
1,090	3,901–4,300	4,401–4,800
1,270	4,301–4,500	4,801–5,000

Schedule 2 Maximum amount payable based on income

r 12

Schedule 2: replaced, on 1 January 2023, by regulation 10 of the Legal Services Amendment Regulations 2022 (SL 2022/300).

Part 1 Maximum amount payable by applicant with spouse or partner

Table 1—Maximum amount payable for repayments determined on or after 1 January 2023 and before close of 30 June 2023

Maximum amount payable based on income ($)	Income thresholds
Maximum amount payable based on income ($)	No children ($)	1 child ($)	2 children ($)	3 children ($)	4+ children ($)
0	0–26,800	0–31,204	0–33,720	0–36,236	0–38,627
1,300	26,801–33,468	31,205–39,004	33,721–42,150	36,237–45,295	38,628–48,315
2,860	33,469–36,236	39,005–41,647	42,151–44,792	45,296–47,938	48,316–50,957
4,420	36,237–38,879	41,648–44,415	44,793–47,434	47,939–50,580	50,958–53,599
5,980	38,880–41,647	44,416–47,057	47,435–50,077	50,581–53,222	53,600–56,242
7,540	41,648–44,289	47,058–49,699	50,078–52,719	53,223–55,864	56,243–58,884
10,000	44,290–45,924	49,700–50,580	52,720–57,751	55,865–64,797	58,885–71,969

Table 2—Maximum amount payable for repayments determined on or after 1 July 2023 and before close of 30 June 2024

Maximum amount payable based on income ($)	Income thresholds
Maximum amount payable based on income ($)	No children ($)	1 child ($)	2 children ($)	3 children ($)	4+ children ($)
0	0–27,309	0–31,796	0–34,361	0–36,925	0–39,361
1,300	27,310–34,104	31,797–39,745	34,362–42,951	36,926–46,156	39,362–49,233
2,860	34,105–36,925	39,746–42,438	42,952–45,643	46,157–48,848	49,234–51,925
4,420	36,926–39,617	42,439–45,259	45,644–48,336	48,849–51,541	51,926–54,618
5,980	39,618–42,438	45,260–47,951	48,337–51,028	51,542–54,233	54,619–57,310
7,540	42,439–45,130	47,952–50,643	51,029–53,720	54,234–56,926	57,311–60,003
10,000	45,131–46,797	50,644–51,541	53,721–58,849	56,927–66,028	60,004–73,336

Table 3—Maximum amount payable for repayments determined on or after 1 July 2024 and before close of 30 June 2025

Maximum amount payable based on income ($)	Income thresholds
Maximum amount payable based on income ($)	No children ($)	1 child ($)	2 children ($)	3 children ($)	4+ children ($)
0	0–27,828	0–32,401	0–35,013	0–37,626	0–40,109
1,300	27,829–34,752	32,402–40,501	35,014–43,767	37,627–47,033	40,110–50,168
2,860	34,753–37,626	40,502–43,244	43,768–46,510	47,034–49,777	50,169–52,912
4,420	37,627–40,370	43,245–46,118	46,511–49,254	49,778–52,520	52,913–55,656
5,980	40,371–43,244	46,119–48,862	49,255–51,998	52,521–55,264	55,657–58,399
7,540	43,245–45,988	48,863–51,606	51,999–54,741	55,265–58,007	58,400–61,143
10,000	45,989–47,686	51,607–52,520	54,742–59,967	58,008–67,283	61,144–74,730

Table 4—Maximum amount payable for repayments determined on or after 1 July 2025

Maximum amount payable based on income ($)	Income thresholds
Maximum amount payable based on income ($)	No children ($)	1 child ($)	2 children ($)	3 children ($)	4+ children ($)
0	0–28,357	0–33,016	0–35,679	0–38,341	0–40,871
1,300	28,358–35,413	33,017–41,270	35,680–44,598	38,342–47,927	40,872–51,122
2,860	35,414–38,341	41,271–44,066	44,599–47,394	47,928–50,722	51,123–53,917
4,420	38,342–41,137	44,067–46,995	47,395–50,190	50,723–53,518	53,918–56,713
5,980	41,138–44,066	46,996–49,790	50,191–52,986	53,519–56,314	56,714–59,509
7,540	44,067–46,862	49,791–52,586	52,987–55,781	56,315–59,109	59,510–62,305
10,000	46,863–48,592	52,587–53,518	55,782–61,106	59,110–68,561	62,306–76,150

Part 2 Maximum amount payable by single applicant

Table 1—Maximum amount payable for repayments determined on or after 1 January 2023 and before close of 30 June 2023

Maximum amount payable based on income ($)	Income thresholds
Maximum amount payable based on income ($)	No children ($)	1 child ($)	2 children ($)	3 children ($)	4+ children ($)
0	0–16,734	0–31,078	0–33,720	0–36,236	0–38,627
1,300	16,735–20,886	31,079–38,879	33,721–42,024	36,237–45,170	38,628–48,189
2,860	20,887–23,277	38,880–39,759	42,025–42,905	45,171–45,924	48,190–49,070
4,420	23,278–25,542	39,760–40,640	42,906–43,660	45,925–46,805	49,071–49,825
5,980	25,543–27,932	40,641–41,395	43,661–44,540	46,806–47,560	49,826–50,706
7,540	27,933–30,323	41,396–42,276	44,541–45,295	47,561–48,441	50,707–51,461
10,000	30,324–32,084	42,277–43,408	45,296–50,580	48,442–57,751	51,462–64,797

Table 2—Maximum amount payable for repayments determined on or after 1 July 2023 and before close of 30 June 2024

Maximum amount payable based on income ($)	Income thresholds
Maximum amount payable based on income ($)	No children ($)	1 child ($)	2 children ($)	3 children ($)	4+ children ($)
0	0–17,052	0–31,668	0–34,361	0–36,925	0–39,361
1,300	17,053–21,283	31,669–39,617	34,362–42,823	36,926–46,028	39,362–49,105
2,860	21,284–23,719	39,618–40,515	42,824–43,720	46,029–46,797	49,106–50,002
4,420	23,720–26,027	40,516–41,412	43,721–44,489	46,798–47,695	50,003–50,772
5,980	26,028–28,463	41,413–42,181	44,490–45,387	47,696–48,464	50,773–51,669
7,540	28,464–30,899	42,182–43,079	45,388–46,156	48,465–49,361	51,670–52,438
10,000	30,900–32,694	43,080–44,233	46,157–51,541	49,362–58,849	52,439–66,028

Table 3—Maximum amount payable for repayments determined on or after 1 July 2024 and before close of 30 June 2025

Maximum amount payable based on income ($)	Income thresholds
Maximum amount payable based on income ($)	No children ($)	1 child ($)	2 children ($)	3 children ($)	4+ children ($)
0	0–17,376	0–32,270	0–35,013	0–37,626	0–40,109
1,300	17,377–21,688	32,271–40,370	35,014–43,636	37,627–46,902	40,110–50,038
2,860	21,689–24,170	40,371–41,285	43,637–44,551	46,903–47,686	50,039–50,952
4,420	24,171–26,521	41,286–42,199	44,552–45,335	47,687–48,601	50,953–51,736
5,980	26,522–29,004	42,200–42,983	45,336–46,249	48,602–49,385	51,737–52,651
7,540	29,005–31,486	42,984–43,897	46,250–47,033	49,386–50,299	52,652–53,435
10,000	31,487–33,315	43,898–45,073	47,034–52,520	50,300–59,967	53,436–67,283

Table 4—Maximum amount payable for repayments determined on or after 1 July 2025

Maximum amount payable based on income ($)	Income thresholds
Maximum amount payable based on income ($)	No children ($)	1 child ($)	2 children ($)	3 children ($)	4+ children ($)
0	0–17,706	0–32,883	0–35,679	0–38,341	0–40,871
1,300	17,707–22,100	32,884–41,137	35,680–44,465	38,342–47,793	40,872–50,989
2,860	22,101–24,629	41,138–42,069	44,466–45,397	47,794–48,592	50,990–51,920
4,420	24,630–27,025	42,070–43,001	45,398–46,196	48,593–49,524	51,921–52,719
5,980	27,026–29,555	43,002–43,800	46,197–47,128	49,525–50,323	52,720–53,651
7,540	29,556–32,084	43,801–44,732	47,129–47,927	50,324–51,255	53,652–54,450
10,000	32,085–33,948	44,733–45,929	47,928–53,518	51,256–61,106	54,451–68,561

Michael Webster,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 26 May 2011.

Notes

1 General

This is a consolidation of the Legal Services Regulations 2011 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Legal Services Amendment Regulations 2022 (SL 2022/300)

Education and Training Act 2020 (2020 No 38): section 668

Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 149

Legal Services Amendment Regulations 2015 (LI 2015/224)

Legal Services Amendment Regulations 2013 (SR 2013/309)

Legal Services Amendment Regulations 2012 (SR 2012/95)

List of access keys

Legal Services Regulations 2011

Legal Services Regulations 2011

Order in Council

Note

Contents

Regulations

1 Title

2 Commencement

3 Interpretation

3A Transitional, savings, and related provisions

4 Application

Financial eligibility for legal aid

5 Legal aid for civil matters: maximum levels of income

(a)

(i)

(ii)

(iii)

(iv)

(b)

(i)

(ii)

(iii)

(iv)

(c)

(i)

(ii)

(iii)

(iv)

(d)

(i)

(ii)

(iii)

(iv)

(e)

(i)

(ii)

(iii)

(iv)

(f)

(i)

(ii)

(iii)

(iv)

6 Legal aid for civil matters: maximum levels of disposable capital

Calculation of resources

7 Determining disposable capital: home equity allowance

8 Determining capital and disposable capital: valuation of assets

(a)

(b)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

9 Resources that have been disposed of

(a)

(b)

User charge

9A User charge

(a)

(b)

9B Exemption from user charge for proceedings relating to historical abuse

(a)

(b)

(a)

(b)

(c)

(i)

(ii)

(a)

(b)

(c)

(d)

(e)

(f)

(i)

(ii)