Legal Services Act 2011

Legal aid - How Commissioner may enforce conditions of grant

39: Enforcement of charge

You could also call this:

"Paying back debt from legal aid"

Illustration for Legal Services Act 2011

You can get legal aid to help with legal costs. If you get legal aid, you might have to pay some money back. The Commissioner can make you pay this debt. They can do this in the same way they would if you had agreed to pay the debt directly. This can happen if a charge is registered because of a condition of your legal aid, or if a charge is created automatically under section 36. If you try to avoid paying the debt, the Commissioner can still make you pay. However, if someone buys something from you without knowing about the debt, they do not have to pay it. You cannot avoid paying the debt by giving your things to someone else or doing something that stops the Commissioner from getting the money. The Commissioner follows rules to make sure you pay the debt. These rules are like the ones that apply when people agree to pay debts directly. You can find more information about this in section 18(3) and section 36.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142858.

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Part 2Legal aid
How Commissioner may enforce conditions of grant

39Enforcement of charge

  1. In order to recover a debt due under a grant of legal aid, the Commissioner may enforce, in any manner that would be available if the charge had been given between the parties, a charge—

  2. registered in compliance with a condition of the grant imposed under section 18(3); or
    1. arising by operation of section 36, whether it is registered or not.
      1. A transfer or act done with the intention, or having the effect, of defeating a charge referred to in subsection (1) is void as against the Commissioner, except where the transfer or act is to or in favour of a purchaser in good faith for value who, at the time of the transfer or act, had no notice of the charge.

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