Legal Services Act 2011

Legal aid - Legal aid grants for Treaty of Waitangi claims

50: Repayment under grant of legal aid

You could also call this:

"Paying back legal aid money"

Illustration for Legal Services Act 2011

You can get legal aid to help pay for a lawyer. If you get legal aid, you might have to pay some of it back. This repayment is based on what is fair and reasonable, considering your resources and the cost of the proceedings. You or someone whose resources are considered when you apply for legal aid might have to make this repayment. The repayment must not be more than what is fair, looking at your resources and the likely cost of the court case. If you have to make a repayment, it can be recovered like any other repayment under this Act, as stated in the grant of legal aid made under section 47. Your repayment is decided according to section 48(1), which looks at your resources and others' resources. The amount you pay back is recoverable, just like other repayments under this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142875.

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

50Repayment under grant of legal aid

  1. A condition requiring repayment of an amount under a grant of legal aid made under section 47 may be made only in accordance with this section.

  2. The applicant, or any person or body whose resources are taken into account for the purposes of making a determination referred to in section 48(1), or both, may be required to make a repayment towards the cost of legal services.

  3. The total of the repayment required to be paid under a grant of legal aid made under section 47 must not exceed an amount that is fair and reasonable, having regard to—

  4. the resources of the applicant and the financial resources of those persons and bodies whose resources are so taken into account; and
    1. the likely cost of the proceedings.
      1. Every repayment required in accordance with this section under a grant of legal aid is recoverable in the same way as any other repayment required to be paid under this Act.

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