Part 2Legal aid
Application and grant
16Decision on application for legal aid
On an application for legal aid, the Commissioner may, in respect of the whole or any part of the proceedings or appeal,—
- grant legal aid to the applicant; or
- grant legal aid on an interim basis until a decision is made under paragraph (a) or (d); or
- request further information from the applicant or the proposed lead provider, or both; or
- decline the application.
When granting legal aid under subsection (1)(a) or (b), the Commissioner—
- must specify the conditions, as described in section 18, attaching to the grant; and
- must identify the lead provider; and
- may specify a maximum grant.
If the Commissioner grants legal aid on an interim basis to a person,—
- payments made under the grant cease—
- when the Commissioner decides the application under subsection (1)(a) or (d); or
- if the Commissioner considers it appropriate that the payments should cease; and
- when the Commissioner decides the application under subsection (1)(a) or (d); or
- if payments made under the grant have ceased under paragraph (a),—
- section 31 does not apply to it; and
- section 32 applies to it with any necessary modifications and a reference to withdrawal of legal aid under that section must be read as a reference to the grant ceasing.
- section 31 does not apply to it; and
This section does not apply to applications under section 47 for legal aid in respect of certain proceedings before the Waitangi Tribunal.
This section is subject to section 16A.
Compare
- 2000 No 42 s 14
Notes
- Section 16(5): inserted, on , by section 7 of the Legal Services Amendment Act 2013 (2013 No 43).


