Legal Services Amendment Regulations 2013

2013/309

Coat of Arms of New Zealand

Legal Services Amendment Regulations 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 29th day of July 2013

Present:
His Excellency the Governor-General in Council

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.

Regulations

1 Title

  • These regulations are the Legal Services Amendment Regulations 2013.

2 Commencement

  • These regulations come into force on 2 September 2013.

3 Principal regulations
4 New regulation 9A and cross-heading inserted

  • After regulation 9, insert:

    “User charge

    “9A User charge

    • For the purposes of section 18A of the Act, the amount of the user charge is $43.48.”

5 Regulation 13 and cross-heading replaced

  • Replace regulation 13 and the cross-heading above regulation 13 with:

    “Expenses associated with securing of debts

    “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.”

6 Regulation 14 replaced (Rate of interest on unpaid legal aid debt)

  • Replace regulation 14 with:

    “Interest on unpaid legal aid debt

    “14 Interest rate

    • For the purposes of section 40 of the Act, interest is payable at 8% per annum.

    “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.”

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

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

These regulations, which come into force on 2 September 2013, amend the Legal Services Regulations 2011 (the principal regulations). The regulations are required to align the principal regulations with the Legal Services Act 2011 (the Act), which has been amended.

Regulation 4 inserts new regulation 9A into the principal regulations, which prescribes the amount of the user charge for the purposes of section 18A of the Act.

Regulation 5 replaces regulation 13 of the principal regulations. The new regulation 13 specifies expenses reasonably incurred by the Commissioner that may be added to the total amount payable by an aided person in respect of a grant.

Regulation 6 replaces regulation 14 and inserts new regulation 14A. The new regulations prescribe the rate of interest payable under the Act and the period during which interest accrues.

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

Date of notification in Gazette: 1 August 2013.

These regulations are administered by the Ministry of Justice.