Legal Services Act 2011

Legal aid - How Commissioner may enforce conditions of grant

34: Amounts payable in respect of grant are debts due to Commissioner

You could also call this:

"Paying back legal aid money is a debt to the Commissioner"

Illustration for Legal Services Act 2011

If you get legal aid, you may have to pay some money back to the Commissioner. The Commissioner can take you to court to get this money back. You can make arrangements with the Commissioner to pay back the money. The Commissioner will think about how you can pay back the money when making these arrangements. If you are paying back the money from your income, you should pay it back within five years. If you are paying back the money from your income and capital, you should pay it back within seven years. The Commissioner can make different arrangements if they think it is appropriate. You can look at the Legal Services Act 2000 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142853.

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33: Amount payable by aided person to Commissioner, or

"Paying back money to the Commissioner for legal help"


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35: Commissioner may adjust rate of payment of debt, etc, or

"The Commissioner can change how much you pay back for a debt and must tell you in writing."

Part 2Legal aid
How Commissioner may enforce conditions of grant

34Amounts payable in respect of grant are debts due to Commissioner

  1. An amount payable to the Commissioner as a condition of a grant of legal aid (whether as an interim repayment or a repayment) and any other amount payable to the Commissioner in respect of the grant may be recovered in any court or tribunal of competent jurisdiction as a debt due to the Commissioner.

  2. Repealed
  3. The Commissioner may, by agreement with the aided person, make whatever arrangements (including any adjustments to those arrangements) that the Commissioner considers appropriate for the payment by the aided person of any amount payable under a grant of legal aid, or any other debt payable to the Commissioner by the aided person.

  4. In making any arrangements under subsection (3), the Commissioner must have regard to the following principles:

  5. any debt that is to be paid from the aided person's income should be paid by the aided person within 5 years from when the debt arises:
    1. any debt that is to be paid from the aided person's income and capital should be paid by the aided person within 7 years from when the debt arises.
      1. Despite subsection (4), the Commissioner may, after having regard to the principles in that subsection, make whatever arrangements the Commissioner considers appropriate in the circumstances.

      Compare
      Notes
      • Section 34 heading: amended, on , by section 12(1) of the Legal Services Amendment Act 2013 (2013 No 43).
      • Section 34(1): replaced, on , by section 12(2) of the Legal Services Amendment Act 2013 (2013 No 43).
      • Section 34(2): repealed, on , by section 12(2) of the Legal Services Amendment Act 2013 (2013 No 43).