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Legal Services Act 2011

Transitional and savings provisions, amendments to other enactments, and repeals - Transition of matters commenced under Legal Services Act 1991 - Legal aid granted and repayments made under Legal Services Act 1991

137: Repayments in respect of certain legal aid granted under Legal Services Act 1991

You could also call this:

"Paying back legal aid money for unfinished cases"

Illustration for Legal Services Act 2011

You get legal aid under the Legal Services Act 1991 for a civil case. If the case does not start, or it starts but does not finish, or there is no money from the case, or not enough money to pay back the legal aid, then this section applies. The Commissioner can ask you to pay more money if this section applies and you could have been asked to pay more under the Legal Services Act 1991. You cannot be asked to pay more than you could have been asked to pay under the Legal Services Act 1991. This Act treats the extra money you have to pay as an interim repayment. This section applies to cases that have finished, no matter when they finished or if you had to pay back money before. The Commissioner follows the rules in section 18(2) and section 21 to work out how much you have to pay back. You can look at s 117A to compare with this section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3143005.

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Part 4Transitional and savings provisions, amendments to other enactments, and repeals
Transition of matters commenced under Legal Services Act 1991: Legal aid granted and repayments made under Legal Services Act 1991

137Repayments in respect of certain legal aid granted under Legal Services Act 1991

  1. This section applies if legal aid was granted under the Legal Services Act 1991 in respect of civil proceedings, but—

  2. the proceedings were not commenced; or
    1. the proceedings were commenced but not completed; or
      1. there are no proceeds of the proceedings; or
        1. the proceeds of the proceedings are not enough to cover the repayment payable (by virtue of section 18(2)) calculated under section 21.

          1. The Commissioner may give the applicant concerned notice requiring the applicant to contribute a further amount if—

          2. this section applies; and
            1. a further contribution could have been required under the Legal Services Act 1991.

              1. The further amount required to be contributed under subsection (2) must be no greater than the further contribution that could have been required under the Legal Services Act 1991.

              2. This Act applies to a further amount required to be contributed under subsection (2) as if it were an interim repayment under this Act.

              3. This section applies in respect of completed proceedings—

              4. whether they were completed before or after the commencement of this Act; and
                1. whether or not a repayment has previously been made or was required to be made (before or after the commencement of this Act) under the former Act.

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