Legal Services Act 2011

Legal aid - Reconsideration, review, and appeals of legal aid decisions - Reviews

52: Grounds for review

You could also call this:

"When can you ask for a review of a legal aid decision?"

Illustration for Legal Services Act 2011

You can ask for a review of a decision made by the Commissioner. You can do this if you think the decision is manifestly unreasonable or wrong in law. The decision might be about your application for legal aid. You can also ask for a review of decisions about conditions on your legal aid, or how much you have to pay back. This includes decisions about the maximum grant you can get, or fees that lawyers can charge. You might want to review a decision about withdrawing or changing your legal aid, or enforcing conditions on it. If you applied for costs under section 46, you can ask for a review of that decision too. A lead provider can also ask for a review of some decisions. In this section, a decision includes a failure or refusal to make or reconsider a decision. You can review decisions about applications for legal aid, or conditions imposed under section 18 or 47. This also includes decisions about amounts payable, or the maximum grant under a legal aid grant. Decisions to depart from prescribed fees under section 114(1)‎(cc) can be reviewed too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142879.

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51: Reconsideration, or

"Asking for a Reconsideration of a Decision Made by the Commissioner"


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53: Application for review, or

"Apply to Change a Decision"

Part 2Legal aid
Reconsideration, review, and appeals of legal aid decisions: Reviews

52Grounds for review

  1. 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—

  2. manifestly unreasonable; or
    1. wrong in law.
      1. The decisions that may be reviewed are decisions that affect the applicant for review, and relate to any 1 or more of the following:

      2. an application for legal aid:
        1. any conditions imposed under section 18 or 47 on a grant of legal aid:
          1. any amount payable by an aided person, whether as an interim repayment or a repayment, under a grant of legal aid:
            1. the maximum grant under a grant of a legal aid:
              1. any decision to depart from, or to refuse to depart from, fees prescribed by regulations under section 114(1)(cc):
                1. the withdrawal of, or amendment to, a grant of legal aid:
                  1. the enforcement of any condition imposed under section 18 or 47 on a grant of legal aid:
                    1. any changes to, or dealings with, a charge on property arising out of a grant of legal aid:
                      1. an application under section 46.
                        1. 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—

                        2. manifestly unreasonable; or
                          1. wrong in law.
                            1. 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—

                            2. manifestly unreasonable; or
                              1. wrong in law.
                                1. In this section, decision includes a failure or refusal to make or reconsider a decision.

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                                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).