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Part 2Legal aid
Application and grant

18Conditions on grant of legal aid

  1. A grant of legal aid may be subject to a condition that the aided person must pay to the Commissioner an interim repayment of a specified amount determined in accordance with section 20.

  2. Every grant of legal aid is subject to the condition that the aided person must pay to the Commissioner a repayment determined in accordance with section 21.

  3. A grant of legal aid may be subject to the condition that the aided person must authorise a charge to be registered in favour of the Commissioner over specified property of the aided person as security for the interim repayment or the repayment, or both.

  4. The Commissioner may lodge a caveat under section 138 of the Land Transfer Act 2017 on property over which a charge could be registered in favour of the Commissioner, regardless of whether the aided person has complied with any condition imposed under subsection (3).

  5. Subsection (1), the provisions of subsection (3) relating to a charge as security for payment of an interim repayment required by a condition referred to in subsection (1), and subsection (4)—

  6. do not apply to the maximum grant under section 23(4) of legal aid in respect of victims' claims proceedings; but
    1. apply to an amendment under section 28(4) of the maximum grant under section 23(4) of legal aid in respect of proceedings of that kind.

      1. The condition in subsection (2) does not apply to a grant of legal aid made on an interim basis if the Commissioner considers that the grant should not be subject to that condition.

      2. This section does not apply to—

      3. applications for legal aid that come within any of paragraphs (a) to (e)(ii) of the definition of specified application in section 4(1); or
        1. applications for legal aid by a person of a class specified in regulations as exempted from the application of this section; or
          1. applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of this section; or
            1. a grant made in the manner authorised by section 16A(1).

                Compare
                Notes
                • Section 18(4): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 18(7): replaced, on , by section 9 of the Legal Services Amendment Act 2013 (2013 No 43).
                • Section 18(7)(e): repealed, on , by section 77 of the Statutes Amendment Act 2019 (2019 No 56).