Plain language law

New Zealand law explained for everyone

Legal Services Act 2011

Administration of legal services system - Miscellaneous provisions - Disclosure of information

108: Disclosure of information

You could also call this:

"Sharing Information When You Apply for Legal Aid"

Illustration for Legal Services Act 2011

When you apply for legal aid for a civil matter, you have the same rights as a witness in court. You do not have to give information or answer questions that you are not allowed to because of a law or rule. The Commissioner or Tribunal cannot make you break secrecy, unless it is about your legal aid application and you have given written consent. If you are asked to break secrecy, you must do what you are told. You can share communications between you and your lawyer with the Commissioner if it is about your legal aid for a civil matter. This is only allowed if the purpose is to help the Commissioner decide whether to withdraw or change your legal aid, as stated in section 30(2)(d). The Commissioner can tell you if your legal aid has been withdrawn or changed after you share a communication. You can also be told about the outcome if you shared information to help with the decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142954.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
Previous

107: Providers to protect Commissioner's interests in relation to charges and proceeds of proceedings, or

"Protecting the Commissioner's interests when providing legal aid services"

Next

109: Disclosure of privileged communications under section 92 or 96, or

"When Lawyers Must Share Private Information"

Part 3Administration of legal services system
Miscellaneous provisions: Disclosure of information

108Disclosure of information

  1. In relation to an application for legal aid for a civil matter, or for the payment of costs under section 46, every person has the same privileges in relation to giving information, answering questions, and producing documents, papers, and things, as witnesses have in any court.

  2. Except as provided in this section, neither the Commissioner nor the Tribunal may require any person who is bound or privileged by an enactment or a rule of law to maintain secrecy about a matter to breach secrecy by supplying information or answering questions about the matter or producing documents or things relating to it.

  3. Despite subsection (2), the Commissioner and the Tribunal are both allowed to require a person who is bound or privileged by an enactment or a rule of law to maintain secrecy to breach that secrecy if—

  4. the breach relates to an applicant for legal aid for a civil matter; and
    1. the applicant has given consent in writing to the breach.

      1. A person required to breach secrecy under subsection (3) must comply with the requirement made under that subsection.

      2. Despite subsection (2), a person may disclose to the Commissioner any communication between the aided person and his or her lawyer, or sent to or by the aided person or his or her lawyer (whether or not the communication is marked confidential or without prejudice), if—

      3. the aided person's grant of legal aid is in respect of a civil matter; and
        1. the purpose of the disclosure is to inform the Commissioner of matters relevant to the withdrawal or amendment of legal aid on the grounds set out in section 30(2)(d).

          1. The Commissioner may advise any person who disclosed a communication under subsection (5) whether the grant has been withdrawn or amended.

          Compare