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Part 2Legal aid
When legal aid may be granted

12Other situations where legal aid refused or limited: civil matters

  1. Subject to subsection (2), the Commissioner may not grant legal aid in respect of—

  2. proceedings involving a decision under the Immigration Act 2009 in relation to a person who—
    1. is unlawfully in New Zealand in terms of that Act; or
      1. is lawfully in New Zealand only by being the holder of a temporary entry class visa granted under that Act; or
        1. is not in New Zealand and—
          1. is not a New Zealand citizen; or
            1. does not hold a residence class visa granted under that Act:
          2. proceedings involving a decision or matter under the Immigration Act 1987 in relation to a person who—
            1. was unlawfully in New Zealand in terms of that Act; or
              1. not having been granted legal aid for the purpose of any particular proceedings in New Zealand before the person arrived in New Zealand, was lawfully in New Zealand only by virtue of being the holder of a temporary permit or a limited purposes permit.

              2. Subsection (1) does not apply in respect of—

              3. proceedings referred to in subsection (1)(b) for which a person was granted legal aid before the date fixed under section 2(1) of the Immigration Act 2009 for the coming into force of that Act; or
                1. proceedings specified in section 7(1)(j) to (n) of this Act.

                  1. The Commissioner must refuse to grant legal aid to an applicant who applies for legal aid in connection with a civil proceeding in which he or she is concerned in a representative, fiduciary, or official capacity, unless it appears to the Commissioner that,—

                  2. if proceedings were brought, the court would be likely to order that the cost of the proceedings be paid out of any property, estate, or fund; and
                    1. if that happened, the property, estate, or fund would be diminished or extinguished by the order and any person beneficially interested would suffer hardship as a result.

                      1. If an applicant applies for legal aid in connection with a matter in which numerous persons have the same interest, and the rules of court permit the applicant to sue or be sued on behalf of all those persons, then the Commissioner must refuse to grant legal aid if satisfied that—

                      2. the refusal of legal aid to the applicant would not seriously prejudice the rights of the applicant; or
                        1. it would be proper for the other persons having the same interest to pay for the proceedings.

                          1. If an applicant has the right, according to the rules of court, to be joined with others as plaintiff in 1 action because a common question of law or fact arises, then the Commissioner may grant legal aid to the applicant that is limited to the proceedings necessary to preserve the applicant's right to relief.

                          2. In this section, rules of court includes the rules governing the procedure of any court, tribunal, authority, or other body before whom the proceedings are heard.

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