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Legal Services Act 2011

Legal aid - How Commissioner may enforce conditions of grant

36: Charges on proceeds of proceedings

You could also call this:

"Paying back legal aid from money won in court"

Illustration for Legal Services Act 2011

When you get legal aid, the money you win from a court case is charged to help pay back the cost of the legal aid. This charge still applies even if your legal aid is stopped. You can still use the money you win to pay off other costs, like your lawyer's fees, in some cases. If you win money or property, the charge can be registered against that property. For land, this is done according to subpart 5 of Part 3 of the Land Transfer Act 2017. For other property, it is done according to the Personal Property Securities Act 1999, the Chattels Transfer Act 1924, or the Motor Vehicle Securities Act 1989, depending on what is appropriate. This charge does not apply to property that is returned or given to you as a result of a case with the Waitangi Tribunal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142855.

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Money and consumer rights > Consumer protectionCrime and justice > Courts and 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."

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37: Commissioner may exempt property from charge, or

"Asking the Commissioner to exclude your property from a charge if it's fair and reasonable"

Part 2Legal aid
How Commissioner may enforce conditions of grant

36Charges on proceeds of proceedings

  1. The proceeds of proceedings to which a grant of legal aid relates are subject to a charge in favour of the Commissioner for the amount of the repayment payable under the grant.

  2. Subsection (1) operates to create a charge even if the grant of legal aid in respect of the relevant proceedings has been withdrawn.

  3. A charge created by this section on any damages or costs does not prevent a court from allowing these to be set off against other damages or costs in a case where a solicitor's lien for costs would not prevent it.

  4. A charge created by this section may be registered,—

  5. in the case of land, against that land in accordance with subpart 5 of Part 3 of the Land Transfer Act 2017; or
    1. in the case of any other property, against that property in accordance with the Chattels Transfer Act 1924, the Personal Property Securities Act 1999, or the Motor Vehicle Securities Act 1989, as appropriate.

      1. Subsection (1) does not apply to property returned, transferred, or granted to an aided person as a result of proceedings before the Waitangi Tribunal.

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      Notes
      • Section 36(4)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).