Legal Services Act 2011

Legal aid - Application and grant

16: Decision on application for legal aid

You could also call this:

"The Commissioner decides if you get legal aid and what rules you must follow."

Illustration for Legal Services Act 2011

When you apply for legal aid, the Commissioner can decide to grant you legal aid for all or part of your case. The Commissioner can also grant legal aid for now until they make a final decision. They can ask you for more information or say no to your application. When the Commissioner says yes to your application, they must tell you what conditions you have to follow, as described in section 18. They must also choose a lead provider to help you and can set a maximum amount of money they will give you. If you get legal aid for now, the payments will stop when the Commissioner makes a final decision or if they think it is best to stop the payments. If the payments stop, section 31 does not apply, but section 32 does, with some changes. This rule does not apply if you are applying for legal aid for a special case with the Waitangi Tribunal, as described in section 47. It is also subject to section 16A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142830.

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"Computers can help give legal aid to people who need it and can't afford it"

Part 2Legal aid
Application and grant

16Decision on application for legal aid

  1. On an application for legal aid, the Commissioner may, in respect of the whole or any part of the proceedings or appeal,—

  2. grant legal aid to the applicant; or
    1. grant legal aid on an interim basis until a decision is made under paragraph (a) or (d); or
      1. request further information from the applicant or the proposed lead provider, or both; or
        1. decline the application.
          1. When granting legal aid under subsection (1)(a) or (b), the Commissioner—

          2. must specify the conditions, as described in section 18, attaching to the grant; and
            1. must identify the lead provider; and
              1. may specify a maximum grant.
                1. If the Commissioner grants legal aid on an interim basis to a person,—

                2. payments made under the grant cease—
                  1. when the Commissioner decides the application under subsection (1)(a) or (d); or
                    1. if the Commissioner considers it appropriate that the payments should cease; and
                    2. if payments made under the grant have ceased under paragraph (a),—
                      1. section 31 does not apply to it; and
                        1. 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.
                        2. This section does not apply to applications under section 47 for legal aid in respect of certain proceedings before the Waitangi Tribunal.

                        3. This section is subject to section 16A.

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                        Notes
                        • Section 16(5): inserted, on , by section 7 of the Legal Services Amendment Act 2013 (2013 No 43).