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 for certain types of legal assistance in respect of Waitangi Tribunal proceedings under former Act

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

You could also call this:

"Help with legal costs for Waitangi Tribunal cases"

Illustration for Legal Services Act 2011

You can get legal aid for help with Waitangi Tribunal proceedings. This help can be for getting advice or representation to resolve a dispute without going to court. It can also be for taking steps before a proceeding or for reaching a settlement outside of court. You might have already applied for or been granted legal aid before this law started. If so, the Commissioner will deal with your application as if the old law still applied, until a certain day. The Commissioner will stop funding your legal aid on the expiry day, which is six months after this law started. When your legal aid expires, it does not mean your grant is withdrawn, and you still have to follow the conditions of your grant. The Commissioner can still make sure you follow these conditions and has to pay for services provided before the expiry day. The expiry day is defined as the day that is six months after this law commenced, according to the Legal Services Regulations 2006 and as mentioned in section 132 and section 31.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142996.

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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 for certain types of legal assistance in respect of Waitangi Tribunal proceedings under former Act

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

  1. This section applies to any application or grant of legal aid made before the commencement of this Act in respect of proceedings before the Waitangi Tribunal for the purposes of funding the provision of legal advice and representation to assist the applicant or group—

  2. with resolving the dispute other than by legal proceedings:
    1. with taking steps preliminary or incidental to any proceeding:
      1. in arriving at or giving effect to any out-of-court settlement that avoids or brings to an end any proceedings.
        1. Until the close of the expiry day, every application or grant to which this section applies must be dealt with by the Commissioner as if the applicable provisions of the former Act and the Legal Services Regulations 2006 had not been repealed or revoked.

        2. Despite section 132, the Commissioner must on the close of the expiry day cease funding any grant to which this section applies, or any grant arising out of an application to which this section applies.

        3. To avoid doubt, the expiry of a grant of legal aid under this section—

        4. is not a withdrawal of the grant under section 31; and
          1. does not affect—
            1. the aided person's obligations arising out of the conditions of the grant; or
              1. the Commissioner's rights to enforce those obligations; or
                1. the Commissioner's obligation to pay for the services provided under the grant before the expiry date.
                2. In this section, expiry day means the day that is 6 months after the commencement of this Act.