Plain language law

New Zealand law explained for everyone

Inquiries Act 2013

Duties, powers, immunities, and privileges - Legal assistance

18: Recommendation as to legal assistance

You could also call this:

"Help with a lawyer for people involved in an inquiry"

Illustration for Inquiries Act 2013

An inquiry can recommend that the government help pay for a lawyer for someone who needs to appear before the inquiry. You might need a lawyer if you want to appear before the inquiry or if you have an interest in what the inquiry is looking at. The inquiry will think about whether you really need a lawyer and whether having one will help the inquiry do its job.

The inquiry considers a few things when deciding whether to recommend a lawyer for you. They think about whether not having a lawyer would cause you hardship, what you can contribute to the inquiry, and whether you need a lawyer for the inquiry to work properly. They also think about what is in the public interest.

If the inquiry recommends that you get a lawyer, the government can decide to pay for one. The government can also say what conditions you must follow if they pay for your lawyer.

When we talk about getting a lawyer, we mean getting help from a lawyer, such as someone to speak for you, or advice from a lawyer, like help writing a submission to the inquiry. You might get one or both of these types of help.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1566156.

Topics:
Crime and justice > Courts and legal helpGovernment and voting > Government departments
Previous

17: Designation of core participants, or

"Who gets to be a core participant in an inquiry and have a say in what happens"

Next

19: Evidence, or

"Gathering information to help with an inquiry"

Part 3Duties, powers, immunities, and privileges
Legal assistance

18Recommendation as to legal assistance

  1. An inquiry may, at any time, make a recommendation to the chief executive of the relevant department that funding be granted for the purpose of providing legal assistance to 1 or more specified persons—

  2. who wish, or who are required, to appear before the inquiry; or
    1. who have an interest in the inquiry.

      1. In determining whether to make a recommendation under subsection (1), the inquiry must consider—

      2. the likelihood of hardship to a person if legal assistance is declined; and
        1. the nature and significance of the contribution that the person will, or is likely to, make to the inquiry; and
          1. the extent to which legal assistance is, or is likely to be, required to enable the inquiry to fulfil its purpose; and
            1. any other matters relating to the public interest.

              1. If a recommendation is made under subsection (1), the chief executive may—

              2. grant funding for the legal assistance recommended under that subsection; and
                1. impose any conditions that he or she considers appropriate.

                  1. In this section, legal assistance means—

                  2. legal representation; or
                    1. legal advice or help (for example, help with drafting submissions to an inquiry); or
                      1. both.