Part 2Legal aid
Reconsideration, review, and appeals of legal aid decisions: Reviews
52Grounds for review
An aided person or an applicant for legal aid may apply to the Tribunal for a review of the Commissioner's reconsideration of a decision referred to in subsection (2) on the grounds that it is—
- manifestly unreasonable; or
- wrong in law.
The decisions that may be reviewed are decisions that affect the applicant for review, and relate to any 1 or more of the following:
- an application for legal aid:
- any conditions imposed under section 18 or 47 on a grant of legal aid:
- any amount payable by an aided person, whether as an interim repayment or a repayment, under a grant of legal aid:
- the maximum grant under a grant of a legal aid:
- any decision to depart from, or to refuse to depart from, fees prescribed by regulations under section 114(1)(cc):
- the withdrawal of, or amendment to, a grant of legal aid:
- the enforcement of any condition imposed under section 18 or 47 on a grant of legal aid:
- any changes to, or dealings with, a charge on property arising out of a grant of legal aid:
- an application under section 46.
A party who has applied to the Commissioner for payment of costs under section 46 may apply to the Tribunal for a review of the Commissioner's decision under that section on the grounds that the decision is—
- manifestly unreasonable; or
- wrong in law.
A lead provider may apply to the Tribunal for a review of the Commissioner's reconsideration of a decision referred to in section 51(1A) on the ground that it is—
- manifestly unreasonable; or
- wrong in law.
In this section, decision includes a failure or refusal to make or reconsider a decision.
Compare
- 2000 No 42 s 54
Notes
- Section 52(2)(da): inserted, on , by section 17(1) of the Legal Services Amendment Act 2013 (2013 No 43).
- Section 52(3A): inserted, on , by section 17(2) of the Legal Services Amendment Act 2013 (2013 No 43).


