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Legal Services Act 2011

Administration of legal services system - Payment for legal aid work, enforcement, and other matters relating to providers - Enforcement

101: Interim restrictions that may be imposed by Secretary

You could also call this:

"Temporary limits on legal aid providers during an investigation"

Illustration for Legal Services Act 2011

You are being investigated for something related to your work as a provider. The Secretary can stop payments to you if they think it is necessary. They can also tell the Commissioner about the investigation. If the Secretary tells the Commissioner, the Commissioner must stop sending you new clients. They will send those clients to another provider instead. What the Secretary or Commissioner does during the investigation does not change your approval to provide legal aid services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142945.

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100: Secretary must pay approved claims, or

"The Secretary pays for approved parts of your claim"

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102: Sanctions that may be imposed by Secretary, or

"What happens if the Secretary imposes sanctions on you for legal aid services"

Part 3Administration of legal services system
Payment for legal aid work, enforcement, and other matters relating to providers: Enforcement

101Interim restrictions that may be imposed by Secretary

  1. This section applies to any matter relating to a provider's performance being investigated by the performance review committee.

  2. The Secretary may—

  3. place a hold on any payments to be made to the provider that relate to the matter being investigated if the Secretary considers it necessary to do so; and
    1. notify the Commissioner of the pending investigation by the performance review committee if the Secretary considers it appropriate to do so.

      1. On receiving a notice under subsection (2)(b), the Commissioner must cease assigning the provider to aided persons and assign another provider to the aided persons that the provider is currently assigned to.

      2. A person’s approval to provide legal aid services or specified legal services is not affected by any act done under subsection (2) or (3).