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Part 2Legal aid
Legal aid grants for Treaty of Waitangi claims

47Applications in respect of proceedings before Waitangi Tribunal

  1. This section and sections 48 to 50 apply to an application for legal aid made in respect of any proceedings before the Waitangi Tribunal where—

  2. the application is made by a Māori; and
    1. the claim to which the application relates is submitted, or is to be submitted, by that Māori for the benefit of a group of Māori of which the applicant is a member.

      1. The Commissioner may grant an application to which this section applies only if the Commissioner is satisfied—

      2. that the case is one that requires legal representation, having regard to the nature of the proceedings and to the interest of the group of Māori for whose benefit the claim is submitted or is to be submitted; and
        1. that the group of Māori would suffer substantial hardship if aid were not granted; and
          1. that the interest of that group of Māori is not sufficiently protected by any other claim.

            1. The Commissioner must take into account the information supplied by the Waitangi Tribunal under section 49 when determining whether or not to grant legal aid to the applicant and may, in the light of that information,—

            2. grant legal aid to the applicant subject to such conditions as he or she thinks fit relating to the purposes for which that aid is granted, or the period for which that aid is granted, or both; or
              1. defer his or her determination of the application for any period he or she thinks fit; or
                1. decline the application.

                  1. Nothing in this section prevents an applicant from making a further application for legal aid in respect of the proceedings to which the first application relates.

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