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Legal Services Act 2011

Legal aid - How Commissioner may enforce conditions of grant

38: Transfer of charge

You could also call this:

"Changing who owes money for a property"

Illustration for Legal Services Act 2011

You can get legal aid if you need help with a legal problem. If you have property with a charge on it, the Commissioner can make a deal with you. This deal can release some or all of your property from the charge if it is unfair to pay it back straight away. You can make an agreement to move the charge to a different property you own. This agreement can have conditions that you must follow. The agreement means some of your property is no longer charged, and some might be charged instead, as agreed. You can see how this rule is similar to a rule from the Public Trust Act 1986 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=DLM3142857.

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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"

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39: Enforcement of charge, or

"Paying back debt from legal aid"

Part 2Legal aid
How Commissioner may enforce conditions of grant

38Transfer of charge

  1. If any property of an aided person is subject to a charge, the Commissioner may, if he or she considers that it would be unjust or unreasonable to require immediate payment of the amount charged, enter into an agreement with the aided person for the release of all or part of the property from all or part of the charge.

  2. The agreement may provide for all or part of the charge to attach to any other property of the aided person, and may be subject to conditions.

  3. The agreement has the effect of—

  4. releasing from the charge any property agreed to be released from the charge; and
    1. subjecting any property agreed to be subject to a charge to the charge as agreed.

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