Legal Services Act 2011

Transitional and savings provisions, amendments to other enactments, and repeals - Transitional arrangements for transfer of Legal Services Agency to Ministry of Justice - Matters to be transferred to Commissioner

124: Charges vested in Commissioner

You could also call this:

"Charges now owned by the Commissioner"

Illustration for Legal Services Act 2011

You have charges that were created under some old laws, like the Legal Aid Act 1969, the Legal Services Act 1991, or the Legal Services Act 2000. These charges are now owned by the Commissioner. When you look at records or registers, you might still see the old owner's name, because this law does not require that name to be changed. If someone shows a document that says a charge belongs to the Commissioner, that is enough proof, unless someone can show that it is not true.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142977.

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Part 4Transitional and savings provisions, amendments to other enactments, and repeals
Transitional arrangements for transfer of Legal Services Agency to Ministry of Justice: Matters to be transferred to Commissioner

124Charges vested in Commissioner

  1. All charges created by or under the Legal Aid Act 1969, the Legal Services Act 1991, or the Legal Services Act 2000 are vested in the Commissioner.

  2. Neither the Registrar-General of Land nor any other person charged with keeping any records or registers is obliged, solely by reason of this section, to change the name in those records or registers or in any document.

  3. It is sufficient proof, in the absence of evidence to the contrary, that a charge is vested in the Commissioner if a person presents to a registrar or any other person a document purporting to be a charge or copy of a charge created by or under any of the Acts specified in subsection (1).

  4. A charge created by or under any of the Acts specified in subsection (1) must be treated as if it were a charge created by or under section 36 of this Act.

  5. The provisions of this Act, so far as they are applicable and with any necessary modifications, apply to the charge; and the Commissioner may, for the purposes of subsection (1),—

  6. transfer the charge in accordance with section 38; and
    1. enforce the charge in accordance with section 39; and
      1. write off the amounts secured by the charge in accordance with section 43.