Part 2Legal aid
After legal aid is granted
30Withdrawal of, or amendment to, grant of legal aid: civil matters
The Commissioner must withdraw legal aid granted in respect of a civil matter in any of the following circumstances:
- the grant of legal aid includes a condition that the aided person pay an interim repayment, and payment of that interim repayment is—
- more than 21 days in arrears; or
- unpaid by any date to which the Commissioner has extended the time for paying the interim repayment:
- more than 21 days in arrears; or
- the grant of legal aid is subject to a condition that the aided person authorise a charge to be registered over specified property, and the aided person has not so authorised the charge within 15 working days of the date on which the Commissioner asked the person to do so:
- the Commissioner becomes aware that the aided person was not entitled to legal aid because section 12(1) applies and section 12(2) does not.
In relation to a civil matter, the Commissioner may at any time withdraw legal aid from, or amend a grant of legal aid to, an aided person in any of the following circumstances:
- the aided person is no longer a person who would be entitled to that grant of legal aid, by virtue of any of the provisions of section 10, 11, 12, or 13:
- the Commissioner is satisfied that the proceedings in respect of which legal aid was granted have been disposed of:
- the Commissioner is satisfied that the aided person has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense to the Commissioner, or has required unreasonably that the proceedings be continued:
- the Commissioner considers that the aided person no longer has reasonable grounds for taking, defending, or being a party to the proceedings, or that it is unreasonable or undesirable in the particular circumstances for the person to continue to receive legal aid:
- the Commissioner is satisfied that the aided person has, in relation to any application by that person relating to legal aid,—
- intentionally or negligently made an untrue statement about that person's resources, or has failed to disclose any material fact concerning them, whether the statement was made or the failure occurred before or after the aid was granted; or
- intentionally contravened or failed to comply in any respect with this Act or regulations:
- intentionally or negligently made an untrue statement about that person's resources, or has failed to disclose any material fact concerning them, whether the statement was made or the failure occurred before or after the aid was granted; or
- the aided person requests that the grant of legal aid be withdrawn.
In relation to a civil matter, the Commissioner may at any time amend the conditions on a grant of legal aid (other than the condition referred to in section 18(2)) if the Commissioner considers that the conditions of the grant of legal aid are no longer appropriate.
Compare
- 2000 No 42 s 26

