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Legal Services Act 2011

Legal aid - How Commissioner may enforce conditions of grant

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

You could also call this:

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

Illustration for Legal Services Act 2011

The Commissioner can change how much you pay back for a debt. They can also ask you to start paying back a debt again. The Commissioner must tell you in writing before making any changes. The Commissioner must think it is fair to make a change after getting new information. They must also try to agree with you first. You will get a chance to say why you do not think the change is fair. If the Commissioner decides to make a change, they will tell you in writing. They will explain their decision and tell you about your right to ask for it to be looked at again under section 51 or reviewed under section 52. You will be told when the change will happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142854.

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Topics:
Money and consumer rights > Debt and bankruptcy
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34: Amounts payable in respect of grant are debts due to Commissioner, or

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

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36: Charges on proceeds of proceedings, or

"Paying back legal aid from money won in court"

Part 2Legal aid
How Commissioner may enforce conditions of grant

35Commissioner may adjust rate of payment of debt, etc

  1. The Commissioner may, in accordance with this section,—

  2. adjust the rate of payment of a debt by an aided person; or
    1. require an aided person to commence or recommence payment of a debt.

      1. The Commissioner must not make a decision under subsection (1)(a) or (b) unless—

      2. the Commissioner considers, in light of new information, that the decision is justified; and
        1. reasonable efforts to reach agreement with the aided person have failed.

          1. No adjustment to the rate of payment of a debt may be made until the Commissioner—

          2. notifies the aided person in writing of his or her intention to make the adjustment; and
            1. provides the aided person with reasons for the proposed adjustment; and
              1. gives the aided person a reasonable opportunity to make submissions on why the adjustment should not be made in the manner indicated; and
                1. considers any submissions by the aided person.

                  1. The Commissioner may not require an aided person to commence or recommence payment of a debt until the Commissioner—

                  2. notifies the aided person in writing of his or her intention to require the aided person to commence or recommence payment of the debt; and
                    1. provides the aided person with reasons why payment of the debt should commence or recommence; and
                      1. gives the aided person a reasonable opportunity to make submissions on why the person should not commence or recommence payment of the debt in the time indicated; and
                        1. considers any submissions by the aided person.

                          1. If the Commissioner decides to adjust the rate of payment of a debt or require an aided person to commence or recommence payment of a debt, the Commissioner must notify the aided person in writing of—

                          2. the Commissioner's decision; and
                            1. the aided person's right to seek a reconsideration under section 51 or a review under section 52; and
                              1. the date on which the decision takes place (which must be no earlier than the day after the date that the Commissioner reasonably believes the aided person will receive notice under this subsection).

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