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Legal Services Act 2011

Transitional and savings provisions, amendments to other enactments, and repeals - Transition of matters commenced, approvals granted, and funding provided under former Act - Legal aid granted and repayments made under former Act

132: Legal aid granted and repayments made under former Act

You could also call this:

"Legal aid from the old law still applies under the new law"

Illustration for Legal Services Act 2011

You get legal aid under the old Act, it still applies. The new Act now applies to your aid as if it was given under the new Act. If you applied for legal aid under the old Act, your application is treated as if you applied under the new Act. You have to repay legal aid under the old Act, you still have to repay it. The new Act applies to your repayment as if the aid was given under the new Act. There is one exception, if your legal aid is being reviewed under section 126, the new rules do not apply until the review is finished. The old rules about legal aid do not change just because the new Act started. You can find similar rules in the old Act, like section 117 of the 2000 Act. The new Act takes over and applies to your legal aid and repayments.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142994.

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Topics:
Crime and justice > Courts and legal help
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131: Application of this Act and former Act to determination of remaining applications for review, and applications under section 54(3) of former Act, or

"Rules for deciding leftover review applications"

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

"Help with legal costs for Waitangi Tribunal cases"

Part 4Transitional and savings provisions, amendments to other enactments, and repeals
Transition of matters commenced, approvals granted, and funding provided under former Act: Legal aid granted and repayments made under former Act

132Legal aid granted and repayments made under former Act

  1. Legal aid granted under the former Act is not affected by the repeal of that Act; but after the commencement of this Act, this Act applies to that aid as if it had been granted under this Act.

  2. On and after the commencement of this Act, an application that was properly made before that date under the former Act must, to the extent that it was not dealt with before that date, be dealt with as if the application had been properly made under this Act.

  3. A repayment obligation (including any requirement to pay an interim repayment) under a grant of legal aid made under the former Act must be treated as if it were a repayment obligation under a grant of legal aid made under this Act.

  4. This section does not apply to a grant of legal aid that is the subject of a remaining application for review within the meaning of section 126, until after that application has been determined.

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