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Legal Services Act 2011

Administration of legal services system - Miscellaneous provisions - Offences

111: Misrepresentation, etc

You could also call this:

"Telling Lies or Hiding Truth to Get Legal Aid"

Illustration for Legal Services Act 2011

If you get legal aid, you must follow the rules. You commit an offence if you do not give information when asked, or if you give false information. You also commit an offence if you try to avoid paying back the money you owe. If you are found guilty, you can be fined up to $2,000. The Commissioner can also take back any money they paid for your legal aid. There is a time limit for charging you with this offence, which is 2 years from when you did something wrong, according to section 25 of the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142957.

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Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
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110: Commissioner may require financial information, or

"The Commissioner can ask for your money details to decide on legal aid."

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112: Offence in relation to applications for approval, or

"Lying on a legal aid application is a crime and can result in a $5,000 fine."

Part 3Administration of legal services system
Miscellaneous provisions: Offences

111Misrepresentation, etc

  1. Every aided person or applicant for legal aid commits an offence and is liable on conviction to a fine not exceeding $2,000 who—

  2. fails without reasonable excuse to comply with any provision of this Act, or the regulations requiring the person to furnish information or answer questions or produce any document or thing; or
    1. knowingly provides false or misleading information, or knowingly answers any question in a false or misleading way; or
      1. intentionally avoids payment of the Commissioner's interest in any proceeds of proceedings.

        1. If a person is convicted of an offence under subsection (1), the Commissioner may recover from that person, as a debt due to the Commissioner, any amount paid under a grant of legal aid.

        2. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence under this section ends on the date that is 2 years after the date on which the offence was committed.

        Compare
        Notes
        • Section 111(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 111(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).