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Legal Services Act 2011

Legal aid - How Commissioner may enforce conditions of grant

37: Commissioner may exempt property from charge

You could also call this:

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

Illustration for Legal Services Act 2011

You can ask the Commissioner to exempt your property from a charge. The Commissioner can do this if it is fair and reasonable. You must apply within 20 working days of getting the money. You need to tell the Commissioner about the property you want exempt. The Commissioner will decide what to do with your application. They will tell you their decision and explain your options. If you do not like the decision, you can ask for it to be looked at again under section 51 or reviewed under section 52. The Commissioner makes the decision based on the property's value and other important factors. They will consider what is just and equitable when making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142856.

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36: Charges on proceeds of proceedings, or

"Paying back legal aid from money won in court"

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Part 2Legal aid
How Commissioner may enforce conditions of grant

37Commissioner may exempt property from charge

  1. The Commissioner may, on application by an aided person, exempt any property that is part of the proceeds of proceedings from being subject to a charge under section 36.

  2. The Commissioner may exercise his or her power under subsection (1) if the Commissioner considers that, having regard to the value or nature of the property and all other relevant circumstances, it would be just and equitable to do so.

  3. Any application for exemption must be made within 20 working days (or such longer time as the Commissioner, on application, allows) of the date of the judgment or out-of-court settlement giving rise to the proceeds of proceedings.

  4. On receipt of an application for exemption, the Commissioner must—

  5. decide whether to exempt the whole or any part of the property specified in the application, or any other property; and
    1. advise the aided person of the decision, and of the aided person's right to apply for a reconsideration under section 51 and a review under section 52.

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