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Legal Services Act 2011

Legal aid - After legal aid is granted

32: Consequences of withdrawing legal aid

You could also call this:

"What happens if your legal aid is stopped"

Illustration for Legal Services Act 2011

If your legal aid is withdrawn, you still have to meet the conditions of your grant. The Commissioner can still make you do what you agreed to do. The Commissioner must pay for services you got before your legal aid was withdrawn. If your legal aid is withdrawn because you earned more money, the Commissioner can get back the money they paid for your legal aid. This applies from the date your income increased and until your legal aid was withdrawn. You have to pay back this money like you would with a loan. If you were getting help from a provider, they can ask you to pay the difference between what the Commissioner paid and their full fees. The Commissioner does not have to pay for any services you get after your legal aid is withdrawn. You can compare this to section 28 of a previous law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142850.

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31: Withdrawal of grant, or

"When the Commissioner stops your legal aid help"

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33: Amount payable by aided person to Commissioner, or

"Paying back money to the Commissioner for legal help"

Part 2Legal aid
After legal aid is granted

32Consequences of withdrawing legal aid

  1. The withdrawal of legal aid does not affect—

  2. the aided person's obligations arising out of the conditions of the grant; or
    1. the Commissioner's rights to enforce those obligations; or
      1. the Commissioner's obligation to pay for the services provided under the grant before the date of its withdrawal.

        1. If legal aid is withdrawn from an aided person because of an increase in the person's income or disposable capital, the Commissioner may recover from the aided person any amount paid or payable by the Commissioner under the grant (less any interim repayment already paid by the person) in respect of—

        2. the period beginning on or after the date on which the person first received the increase to the person's income or disposable capital that has affected entitlement to legal aid; and
          1. the date of withdrawal of legal aid.

            1. Any amount recoverable by the Commissioner under subsection (2) is to be treated for all purposes as if it were a repayment payable by the aided person to the Commissioner.

            2. If legal aid is withdrawn from a person who was receiving aid from a provider, the provider has the right to recover from the aided person the difference between the amount paid or payable by the Commissioner under this Act and the full amount of that provider's fees and disbursements.

            3. The Commissioner is not obliged to pay for any services provided to an aided person after the date on which legal aid is withdrawn.

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