4Interpretation

1. In this Act, unless the context otherwise requires,—

   aided person—

   1. means a person who is granted legal aid under this Act or the former Act; and
   2. includes—
      1. a person who is granted legal aid on an interim basis:
      2. a person whose grant of legal aid has been withdrawn under section 30

   auditor means a person employed or appointed by the Secretary for the purpose of conducting examinations or audits, or both

   capital, in relation to a person, means that person's capital—

   1. as defined in Schedule 1

   civil proceedings includes—

   1. proceedings under the Marriage Act 1955, the Adoption Act 1955, the Domestic Actions Act 1975, the Property (Relationships) Act 1976, the Family Proceedings Act 1980, the Family Violence Act 2018, the Care of Children Act 2004, the Canterbury Earthquakes Insurance Tribunal Act 2019, or subparts 5, 7, 8, and 9 of Part 1 of the Weathertight Homes Resolution Services Act 2006; and
   2. proceedings under the Oranga Tamariki Act 1989, other than proceedings in respect of an offence; and
   3. despite paragraph (b), proceedings under Part 2 of the Oranga Tamariki Act 1989 on the ground specified in section 14(1)(e) of that Act

   Commissioner means the Legal Services Commissioner appointed under section 70

   community legal services means any 1 or more of the following services that a community law centre provides under a contract between the centre and the Secretary:

   1. legal services:
   2. law reform and advocacy work

   cost of services means the sum of the following:

   1. the fees of, or charges attributable to, the lead provider, as approved for payment under section 99 or prescribed by regulations; and
   2. the fees of, or charges attributable to, any other provider who acted on the matter, as approved for payment under section 99 or prescribed by regulations; and
   3. the disbursements claimed by the lead provider and any other provider who acted on the matter, as approved for payment under section 99

   criminal proceedings includes—

   1. proceedings on an application made under any of section 54, 68, or 121 of the Sentencing Act 2002:
   2. proceedings before a District Court Judge under sections 88 to 88AG of the Summary Proceedings Act 1957:
   3. proceedings for contempt under section 163 of the District Court Act 2016:
   4. proceedings before a District Court Judge under the Extradition Act 1999 relating to the surrender to a foreign country of the person to whom the proceedings relate

   disposable capital, in relation to a person, means that person's disposable capital—

   1. as defined in Schedule 1

   former Act means the Legal Services Act 2000

   grant of legal aid, and any similar expression, means a grant of legal aid under this Act, the former Act, or the Legal Services Act 1991; and includes any amendments to that grant

   income, in relation to a person, means that person's income—

   1. as defined in Schedule 1

   interim repayment means the amount that an aided person is required to pay to the Commissioner under section 18(1) as a condition of a grant of legal aid

   lawyer has the meaning given to it in section 6 of the Lawyers and Conveyancers Act 2006

   lead provider, in relation to a grant of legal aid, means the provider identified in the grant as the lead provider for that matter

   legal aid services means legal advice and representation (in relation to legal aid) described in paragraph (a) of the definition of legal services

   legal services,—

   1. in relation to legal aid, means legal advice and representation and, subject to subsection (2), includes assistance—
      1. with resolving disputes other than by legal proceedings; and
      2. with taking steps that are preliminary to any proceedings; and
      3. with taking steps that are incidental to any proceedings; and
      4. in arriving at or giving effect to any out-of-court settlement that avoids or brings to an end any proceedings:
   2. in relation to anything other than legal aid, includes—
      1. legal advice and representation (including the kinds of assistance described in subparagraphs (i) to (iv) of paragraph (a)); and
      2. the provision of legal information and law-related education

   Legal Services Agency means the Legal Services Agency established under the former Act

   maximum grant means the maximum amount of legal aid granted under a grant of legal aid

   mentally disordered has the same meaning as it has in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992

   Minister means the Minister of Justice

   Ministry means the Ministry of Justice

   offender, in relation to a victim, means a person convicted of the crime or offence that affected the victim

   practice standards means standards approved by the Secretary that relate to the delivery and provision of legal aid services and specified legal services

   prescribed manner means the manner prescribed by the Secretary

   prescribed repayment amount is the amount, based on income and capital, set by regulations for the purposes of sections 20(1) and 21

   proceeds of proceedings, in relation to civil proceedings for which legal aid has been granted, means—

   1. any money or property to which the aided person is entitled under a judgment or out-of-court settlement relating to the proceedings; and
   2. any costs awarded or payable to the aided person under a judgment or out-of-court settlement relating to the proceedings

   property includes real and personal property, any estate or interest in any real or personal property, and any debt, thing in action, and any other right or interest

   proposed care recipient has the meaning given to it in section 6(4) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

   proposed patient has the meaning given to it in section 2A of the Mental Health (Compulsory Assessment and Treatment) Act 1992

   provider means a person who is approved by the Secretary to provide legal aid services, or specified legal services, or both

   regulations means regulations made under this Act

   repayment means the amount of money that an aided person is required to pay to the Commissioner under section 18(2) as a condition of a grant of legal aid

   Secretary means the Secretary for Justice

   Special Fund means the Lawyers and Conveyancers Special Fund continued by section 289(1) of the Lawyers and Conveyancers Act 2006

   specified application means an application for legal aid made—

   1. under section 47 in respect of certain proceedings before the Waitangi Tribunal; or
   2. by a patient or proposed patient in respect of proceedings under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or
   3. by a care recipient or proposed care recipient in respect of proceedings under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or
   4. by a person who is a respondent to an application under the Public Safety (Public Protection Orders) Act 2014, or who is subject to an order under that Act, in respect of an application under that Act; or
   5. by a person who is a respondent to an application under the Terrorism Suppression (Control Orders) Act 2019, or who is subject to an order under that Act, in respect of an application under that Act; or
   6. by a person who is a respondent to an application under subpart 2 of Part 3 of the Gangs Act 2024, or who is subject to an order under that Act, in respect of an application under that Act; or
   7. in respect of proceedings under the Protection of Personal and Property Rights Act 1988; or
   8. by a victim in respect of—
      1. an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; or
      2. a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)) that concerns an offender and is a hearing at which the victim may appear as of right or with the Board’s leave; or
      3. any victims' claims proceedings; or
   9. to enable—
      1. a person to apply for a protection order under Part 4 of the Family Violence Act 2018, or an order relating to property under Part 5 of that Act; or
      2. a person who has applied for an order described in subparagraph (i) to appeal, or respond to an appeal, against the determination of the person's application; or
   10. in respect of a proceeding under Part 2 or 3A of the Oranga Tamariki Act 1989; or
   11. in respect of a proceeding that is specified in section 7(1)(j) to (n) and that involves, or is connected with, the recognition of a person as a refugee or protected person

   specified legal services means legal services specified by the Secretary under section 68(2)(b)

   Tribunal means the Legal Aid Tribunal established under section 62

   victim—

   1. means—
      1. a person against whom an offence is committed by another person; and
      2. a person who, through, or by means of, an offence committed by another person, suffers physical injury or loss of, or damage to, property; and
      3. a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
      4. a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
   2. despite paragraph (a), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
      1. that offence; or
      2. an offence relating to the same incident or series of incidents as that crime or offence

   victims' claims proceedings means proceedings of the kind specified in section 7(1)(r).

2. The assistance described in subparagraphs (i), (iii), and (iv) of paragraph (a) of the definition of legal services in subsection (1) does not apply to legal aid for proceedings before the Waitangi Tribunal.

3. For the purposes of the definitions of offender and victim in subsection (1), the terms child, immediate family, incapable, offence, and young person have the meanings given to them in section 4 of the Victims' Rights Act 2002.

4. In this Act, a reference to an application by a person or a grant to a person includes a reference to an application made by one person on behalf of another, or a grant made in respect of a person other than the person to whom the grant is made.

5. In this Act, and in any regulations made under it, references to such things as fees, charges, disbursements, grants, and rates are references to those things exclusive of GST.