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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
Further provisions relating to providers
105: Providers not to take unauthorised payments

Part 1:
Preliminary provisions

3Purpose of Act 4Interpretation 4ATransitional, savings, and related provisions 5Act binds the Crown

Part 2:
Legal aid

When legal aid may be granted

6Proceedings for which legal aid may be granted: criminal matters 7Proceedings for which legal aid may be granted: civil matters 8When legal aid may be granted: criminal matters 9Prescribed offences 10When legal aid may be granted: civil matters 11When legal aid may be granted: civil matters continued 12Other situations where legal aid refused or limited: civil matters 13Legal aid not available to insured or indemnified persons

Application and grant

14Application for grant of legal aid 15Special provisions relating to minors and mentally disordered persons 16Decision on application for legal aid 16AUse of automated electronic systems for certain grants of legal aid 17Commissioner must notify applicant when legal aid declined 18Conditions on grant of legal aid 18AUser charge payable by aided person 19Special provisions about conditions on grants to persons involved in proceedings under Family Violence Act 2018 20Interim repayments payable 21Amount of repayment payable 22Lead providers 23Maximum grant

After legal aid is granted

24Provider in civil proceedings to notify other parties 25Commissioner to be notified of change in circumstances 26Commissioner to keep aided person informed 27Private mediation 28Application for amendment to grant of legal aid 29Withdrawal of, or amendment to, grant of legal aid: criminal matters 30Withdrawal of, or amendment to, grant of legal aid: civil matters 31Withdrawal of grant 32Consequences of withdrawing legal aid

How Commissioner may enforce conditions of grant

33Amount payable by aided person to Commissioner 34Amounts payable in respect of grant are debts due to Commissioner 35Commissioner may adjust rate of payment of debt, etc 36Charges on proceeds of proceedings 37Commissioner may exempt property from charge 38Transfer of charge 39Enforcement of charge 40Interest on unpaid legal aid debt 41Aided person to enforce judgment or out-of-court settlement

Deduction notices

41AInterpretation 41BDeduction of overdue amounts 41CIssue of deduction notice to State sector employer 41DDischarge of obligation 41EDeduction notices issued to banks 41FMaking of deductions 41GOffences in relation to deduction notices 41HProtected earnings 41IPenalty for late deductions 41JNotices given to third parties

Decisions not to recover debt, write-offs, and refunds

42Commissioner may decide not to recover debt in certain circumstances 43Commissioner may write off amounts payable 44Commissioner to refund excess payments

Award of costs in civil proceedings

45Liability of aided person for costs 46Costs of successful opponent of aided person

Legal aid grants for Treaty of Waitangi claims

47Applications in respect of proceedings before Waitangi Tribunal 48Assessment of financial resources 49Commissioner to refer application to Waitangi Tribunal 50Repayment under grant of legal aid

Reconsideration, review, and appeals of legal aid decisions

Legal Aid Tribunal

62Legal Aid Tribunal established 63Functions of Tribunal 64Appointment of members of Tribunal 65Chairperson of Tribunal 66Delegation by chairperson of Tribunal 66AAppointment of temporary acting chairperson or member 67Further provisions that apply to Tribunal in Schedule 3

Part 3:
Administration of legal services system

Functions of Secretary for Justice and Legal Services Commissioner

Secretary for Justice

68Functions of Secretary for Justice 69Methods of delivery of legal services

Legal Services Commissioner

70Legal Services Commissioner 71Functions of Commissioner 72Commissioner may delegate powers, functions, or duties 73Powers of delegate

Quality assurance system for providers

Providers of legal services

74Application of this subpart 75No person may provide legal aid service or specified legal service unless approved 76Application for approval to provide legal aid services or specified legal services 77Approval 78Selection committees 79Performance review committee 80Further provisions relating to committees in Schedule 3 81Obligations relating to professional conduct 82Review of decisions of Secretary regarding approvals 83Judicial review

Review Authority

84Review Authority established 85Function of Review Authority 85AReview Authority may strike out review 86Decisions of Review Authority 86ASuppression orders 87Further provisions in Schedule 3 87ADeputy Review Authority 87BScope of functions of Deputy Review Authority 87CAppointment of temporary acting Review Authority or Deputy Review Authority

Practice notes, procedural information, and publication of decisions

87DPractice notes 87EOnline publication of information about procedures, time frames, and progress of decisions 87FOnline publication of final written decisions

Quality assurance checks

88Ministry may carry out quality assurance checks

Examination of claims made by providers

89Commissioner may examine claims 90Aided person may request examination of cost of services 91Secretary may audit providers 92Compliance with audits

Community law centres

93Definition of community law centres 94Secretary may enter into contracts with community law centres 95Reporting on funding of community law centres 96Secretary may audit community law centres

Payment for legal aid work, enforcement, and other matters relating to providers

Payment for legal aid work

97Lead provider to claim for payment 98Time frame for claiming for payment 99Secretary to refer claim to Commissioner for decision 100Secretary must pay approved claims

Enforcement

101Interim restrictions that may be imposed by Secretary 102Sanctions that may be imposed by Secretary 103Cancellation

Further provisions relating to providers

104Providers must comply with requirements of Act in prescribed manner 105Providers not to take unauthorised payments 106Providers to pay legal aid disbursements 107Providers to protect Commissioner's interests in relation to charges and proceeds of proceedings

Miscellaneous provisions

Disclosure of information

108Disclosure of information 109Disclosure of privileged communications under section 92 or 96 110Commissioner may require financial information

Offences

111Misrepresentation, etc 112Offence in relation to applications for approval 112AOffence of breaching suppression order 113Offences in relation to examination and audit

Regulations

114Regulations

Service

115Service of notices, etc

Effect of rights conferred by this Act

116Effect of rights conferred by this Act

Part 4:
Transitional and savings provisions, amendments to other enactments, and repeals

Transitional arrangements for transfer of Legal Services Agency to Ministry of Justice

117Legal Services Agency disestablished 118Public Advisory Committee disestablished 119Transfer of assets and liabilities of Legal Services Agency to Ministry 120Employees of Legal Services Agency 121Terms and conditions of transferred employees 122Continuity of employment 123Restriction of compensation for technical redundancy

Matters to be transferred to Commissioner

124Charges vested in Commissioner 125References to Legal Services Board and Legal Services Agency in enactments, instruments, and registers

Transition of matters commenced, approvals granted, and funding provided under former Act

Transition of applications for review under former Act

126Interpretation 127Review Panel continues until close of final transition day 128Review Panel disestablished 129Tribunal must deal with remaining applications 130Applications under section 54(3) of former Act may be made to Tribunal after final transition day 131Application of this Act and former Act to determination of remaining applications for review, and applications under section 54(3) of former Act

Legal aid granted and repayments made under former Act

132Legal aid granted and repayments made under former Act

Legal aid for certain types of legal assistance in respect of Waitangi Tribunal proceedings under former Act

133Legal aid for certain types of legal assistance in respect of Waitangi Tribunal proceedings

Community law centres

134Community law centres

Listed providers under former Act

135Listed providers under former Act

Transition of matters commenced under Legal Services Act 1991

Legal aid granted and repayments made under Legal Services Act 1991

136Legal aid granted under Legal Services Act 1991 137Repayments in respect of certain legal aid granted under Legal Services Act 1991

Amendments to other enactments

Lawyers and Conveyancers Act 2006

138Amendments to Lawyers and Conveyancers Act 2006 139Reference of complaint or matter to Disciplinary Tribunal 140Notice of determination 141Laying of charge with Disciplinary Tribunal 142Obligation to report outcomes and recommendations 143Order for striking off, cancellation of registration, restoration, or suspension to be filed in High Court

Consequential amendments to other enactments

144Consequential amendments to other enactments

Repeal and revocation

145Repeal of Legal Services Act 2000 146Revocation of Legal Services Regulations 2006

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Definition of income and disposable capital

Schedule 2:
Specified enactments

Schedule 3:
Further provisions that apply to Legal Aid Tribunal, selection committees, performance review committee, and Review Authority

Schedule 4:
Consequential amendments

Summary of changes

Legal Services Act 2011

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

105: Providers not to take unauthorised payments

You could also call this:

"Only take allowed payments for legal help"

Illustration for Legal Services Act 2011

You cannot take payments for legal aid services unless they are allowed by the Act. You can take payments if they are authorised by the Commissioner under the Act or regulations. The rules about payments are important to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142950.

This page was last updated on 25 December 2025 — View changes

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104: Providers must comply with requirements of Act in prescribed manner, or

"Follow the law in the right way"

106: Providers to pay legal aid disbursements, or

"Legal service providers must pay costs for legally aided cases"

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

105Providers not to take unauthorised payments

No provider may take payments from or in respect of a person to whom legal aid services or specified legal services are provided unless the payments are—
authorised by or under this Act; or
authorised by the Commissioner acting under the authority of this Act or the regulations.

Compare

2000 No 42 s 66

Notes