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Part 2Legal aid
When legal aid may be granted

11When legal aid may be granted: civil matters continued

  1. 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.

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

  3. applications for legal aid in respect of victims' claims proceedings; or
    1. applications for legal aid 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
        1. 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
        2. applications for legal aid by a person of a class specified in regulations as exempted from the application of section 10(2) and (4)(a) and (b); or
          1. applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of section 10(2) and (4)(a) and (b).

            1. 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.

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

            3. 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.

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

            5. whether there are any serious consequences for the applicant if legal aid is not granted; and
              1. whether there are any complex factual, legal, or evidential matters in the proceeding that require the applicant to be legally represented.

                1. 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.