Plain language law

New Zealand law explained for everyone

Legal Services Act 2011

Legal aid - After legal aid is granted

28: Application for amendment to grant of legal aid

You could also call this:

"Apply to Change Your Legal Aid"

Illustration for Legal Services Act 2011

You can apply to change a legal aid grant. You or your legal aid provider must make the application. The application must be made to the Commissioner in the correct way. You usually need to make the application before the final decision in your case. But you can make it after if you do so within 15 working days. The Commissioner must be satisfied that you were delayed because of things beyond your control. The Commissioner can then decide to keep the grant the same or change it. They can change the maximum amount of legal aid you can get in some cases. But they might refuse to change it if they cannot get all the information they need about your finances. The Commissioner might also refuse if they think you will have to pay back more than the cost of the case. A final disposition is when your case is finished, either by a court or some other way.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142845.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
Previous

27: Private mediation, or

"Help to solve problems by talking it out with a private mediator"

Next

29: Withdrawal of, or amendment to, grant of legal aid: criminal matters, or

"Stopping or Changing Legal Aid for Criminal Cases"

Part 2Legal aid
After legal aid is granted

28Application for amendment to grant of legal aid

  1. An application for an amendment to a grant of legal aid—

  2. must be made by either the aided person or the provider; and
    1. must be made in the prescribed manner to the Commissioner; and
      1. must, subject to subsection (2), be made before the final disposition.

        1. An application for an amendment to a grant of legal aid may be made after the final disposition only if—

        2. the Commissioner receives the application within 15 working days from the date of the final disposition; and
          1. the Commissioner is satisfied that—
            1. the application was delayed because of circumstances beyond the control of the applicant and the provider, and those circumstances could not have been reasonably anticipated; and
              1. the applicant and the provider took all reasonable steps to apply before the final disposition.

              2. Following an application for amendment to a grant of legal aid, the Commissioner may confirm the grant or amend it in a manner consistent with this Act and any regulations.

              3. However, the Commissioner may, on an application under this section, amend the maximum grant under section 23(4) of legal aid in respect of victims' claims proceedings only if satisfied that the aided person would, if section 11(2) applied to his or her application for legal aid in respect of those proceedings, be granted legal aid.

              4. The Commissioner may, in either or both of the following circumstances, refuse to amend under subsection (4) the maximum grant under section 23(4) of legal aid in respect of victims' claims proceedings:

              5. if the Commissioner is unable to obtain full information concerning the applicant's financial affairs, because of the default or failure of the applicant:
                1. if, in the opinion of the Commissioner, the prescribed repayment amount will exceed the likely cost of the proceedings.

                  1. In this section, final disposition means the final disposition of the matter to which the application relates, by a court, tribunal, or any other means.

                  Compare