Legal Services Act 2011

Legal aid - After legal aid is granted

31: Withdrawal of grant

You could also call this:

"When the Commissioner stops your legal aid help"

Illustration for Legal Services Act 2011

You get legal aid to help with legal costs. The Commissioner can stop this aid. This happens when the Commissioner thinks you should not get the aid anymore. You will get a notice saying they want to stop the aid. The Commissioner must tell you and your lawyer before stopping the aid. You can say why you think the aid should not be stopped. The Commissioner must think about what you say. If the aid is stopped, the Commissioner will tell you when it stops and why. You will also be told you can ask for the decision to be looked at again under section 51 and section 52. This rule does not apply if you got the aid for a short time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142849.

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32: Consequences of withdrawing legal aid, or

"What happens if your legal aid is stopped"

Part 2Legal aid
After legal aid is granted

31Withdrawal of grant

  1. This section applies when the Commissioner proposes (other than with the agreement, or at the request, of the aided person) to withdraw a grant of legal aid, under section 29 or 30, in such a way that the aided person is likely to be detrimentally affected.

  2. A grant of legal aid must not be withdrawn until—

  3. notice of intention to withdraw the grant has been given to the aided person and the lead provider; and
    1. the aided person has been given a reasonable opportunity under the notice to make submissions on why the grant should not be withdrawn in the manner indicated; and
      1. the Commissioner has considered any submission by or on behalf of the aided person.
        1. If a grant is withdrawn, the Commissioner must immediately notify the aided person and the lead provider of—

        2. the date on which the withdrawal takes effect, which must be a date on or after the date on which the Commissioner reasonably believes the aided person will receive the notice; and
          1. the reasons for the withdrawal; and
            1. the aided person's rights to seek a reconsideration under section 51 and a review under section 52.
              1. This section does not apply to legal aid granted on an interim basis.

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