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Legal Services Act 2011

Administration of legal services system - Quality assurance system for providers - Providers of legal services

77: Approval

You could also call this:

"Getting approval to provide legal aid services"

Illustration for Legal Services Act 2011

The Secretary can approve you to provide legal aid services if you meet the criteria. You must meet the criteria set out in regulations. The Secretary can also impose conditions on your approval. The Secretary's approval must be in writing and state the conditions and duration of the approval. It must also state what services you are approved to provide. However, the approval does not mean you are entitled to provide those services. If you apply for approval, the Secretary must give you reasons for their decision. The Secretary can also give you temporary approval if you have applied and they think it is necessary. They must give a copy of the approval to the New Zealand Law Society. The Secretary can impose conditions on a temporary approval, just like a normal approval. They must follow the same rules for temporary approvals as for normal approvals.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142912.

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Part 3Administration of legal services system
Quality assurance system for providers: Providers of legal services

77Approval

  1. The Secretary may give a person approval to provide 1 or more legal aid services or specified legal services if the Secretary is satisfied that the person meets the criteria prescribed in regulations.

  2. The Secretary may impose conditions on the approval. The conditions that may be imposed are those prescribed in regulations.

  3. The approval—

  4. must be in writing:
    1. must state the conditions, if any, of the approval:
      1. must state the duration of the approval:
        1. must state the particular legal aid services or specified legal services that the provider is approved to provide:
          1. does not confer an entitlement on the provider to provide the services to which the approval relates.

            1. The Secretary must provide reasons for his or her decision to give or decline approval.

            2. The Secretary may give a person a temporary approval to provide 1 or more legal aid services or specified legal services if—

            3. the person has applied for approval to provide those services; and
              1. the Secretary considers that giving the temporary approval is necessary to meet a need for those services.

                1. Subsections (2) and (3) apply to a temporary approval as if it were an approval.

                2. The Secretary must, after giving an approval or temporary approval, give a copy of it to the New Zealand Law Society.

                Notes
                • Section 77(2): amended, on , by section 18 of the Legal Services Amendment Act 2013 (2013 No 43).