114Regulations

1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

2. determining the amount or amounts payable by an aided person (other than as a repayment under section 50) by—
   1. prescribing the amount or amounts, or a method of calculating an amount or amounts, payable by an aided person as an interim repayment:
   2. prescribing the amount or amounts, based on income and capital, payable by an aided person as a repayment:
   3. prescribing a method of calculating an amount or amounts, based on income and capital, payable by an aided person as a repayment:
3. prescribing a method or methods for calculating what maximum grant, if any, should be set under a grant of legal aid in respect of proceedings other than victims' claims proceedings:
4. prescribing for the purposes of section 23(4) the amount of the maximum grant to be specified for every grant of legal aid in respect of victims' claims proceedings:
5. prescribing fees, whether by specifying amounts or providing for 1 or more methods of calculating amounts, for items of work undertaken by providers for the purposes of proceedings (other than victims' claims proceedings) described in the regulations, which fees may differ depending on factors stated in the regulations, including, without limitation, 1 or more of the following:
   1. the subject matter of the proceeding:
   2. the court or tribunal in which the proceeding or an application or a matter in the proceeding is to be determined:
6. exempting, in accordance with subsection (8), any class of proceeding from any specified regulation made under paragraph (ca):
7. providing for the Commissioner to authorise fees that depart from the fees prescribed under paragraph (ca) if, and only if, criteria prescribed under paragraph (cd) apply:
8. prescribing criteria for the purposes of any authorisation that the Commissioner is empowered to give under paragraph (cc):
9. determining whether a person is eligible for legal aid by—
   1. prescribing maximum levels of income and disposable capital:
   2. prescribing a method of assessing financial means:
10. prescribing allowances for use in calculating a person's disposable capital:
12. prescribing deductions that may be made from the cost of services for the purpose of determining the repayment payable by an aided person under a grant of legal aid:
13. prescribing the manner in which applications for, and grants of, legal aid in respect of minors, and other people with special requirements, are to be dealt with:
14. making provision, in respect of the calculation of the income, disposable capital, or capital of an applicant for legal aid, for all or any of the following:
    1. taking into account fluctuations of income:
    2. determining the value of any property:
    3. including in the resources of the applicant any property that has been disposed of:
    4. excluding from the resources of the applicant any liabilities incurred by the applicant for no consideration, or for a grossly inadequate consideration:
    5. taking into account any benefit to which the applicant is entitled or that the applicant might receive in connection with property held on trust:
15. prescribing matters relating to the way in which the Commissioner administers charges, including prescribing maximum rates of interest that may be charged:
16. specifying kinds of expenses or payments for the purposes of section 33(d):
17. prescribing amounts or methods for calculating the cost of services:
19. increasing, or prescribing a method for increasing, the maximum amount of income or disposable capital for the purposes of determining a person's eligibility for legal aid:
20. adjusting, or prescribing a method for adjusting, the maximum amount of repayments for the purposes of section 20:
21. prescribing the information that must be contained in a report of the Waitangi Tribunal under section 49:
22. exempting, in accordance with subsection (8), any specified class or classes of person or proceeding from the application of—
    1. section 10(2) and (4)(a) and (b):
    2. section 18:
23. in relation to an approval to provide legal aid services or specified legal services,—
    1. prescribing the criteria that must be met by a person applying for approval:
    2. prescribing the conditions that the Secretary may impose on an approval:
24. prescribing the procedure for—
    1. a selection committee or 1 or more selection committees:
    2. the performance review committee:
    3. the Review Authority:
25. prescribing any act or thing necessary to supplement or render more effectual the provisions of this Act in relation to the operation of the Tribunal, such as its administration and the procedure for reviews conducted by the Tribunal:
29. prescribing transitional or savings provisions relating to the coming into force of this Act:
30. prescribing the time frame or time frames in which claims for payment for legal aid services or specified legal services may be made, and different time frames may be prescribed for different classes, stages, or levels of complexity of services provided:
31. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

32. When prescribing amounts, or methods of calculating amounts, regulations made under this section may—

33. distinguish between applicants for legal aid on any grounds, for example, the type of proceedings to which the application relates, or the level of income or disposable capital of the applicant; or
34. distinguish between aided persons on any grounds, for example, the type of proceedings to which the grant relates, or the level of income, disposable capital, or capital of the aided person.

35. When prescribing an amount or method of calculating the cost of services, regulations may distinguish between applicants for legal aid or aided persons on the basis of the contract held by the provider.

36. When prescribing maximum levels of income for the purpose of determining an applicant's eligibility for legal aid or when prescribing the maximum amount of repayments payable by an aided person, regulations may take into account whether the applicant or aided person has—

37. a spouse or partner:
38. any dependent children, and the number of dependent children.

39. Repealed

40. Repealed

41. Repealed

42. No regulations may be made for the purposes of subsection (1)(o) unless the Minister is satisfied that the proposed exemption is justified on 1 or more of the following grounds:

43. the proposed exemption is in the public interest:
44. the proposed exemption facilitates access to justice:
45. the proposed exemption is just and equitable in the circumstances.

46. Any transitional or savings provisions prescribed in regulations made under subsection (1)(v) are in addition to the provisions of sections 117 to 137.

47. All regulations made under subsection (1)(v) that are still in force on the day that is 3 years after the commencement of this section expire at the close of that day.

48. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).