Legal Services Act 2011

Legal aid - Application and grant

16A: Use of automated electronic systems for certain grants of legal aid

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"Computers can help give legal aid to people who need it and can't afford it"

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The Commissioner can use a computer system to give you legal aid if you need it for a serious crime and you do not have too much money. The Commissioner is responsible for the legal aid given by the computer system. If there is a mistake in the legal aid given by the computer system, the Commissioner can fix it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5588300.

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Part 2Legal aid
Application and grant

16AUse of automated electronic systems for certain grants of legal aid

  1. The Commissioner may use an automated electronic system to grant legal aid to a natural person if—

  2. the person requires the grant for proceedings in respect of an offence punishable by a maximum term of imprisonment of not less than 6 months; and
    1. neither the income nor the disposable capital of that person exceeds the relevant maximum level prescribed in the regulations.
      1. A grant made in the manner authorised by subsection (1) is, for the purposes of this Act, taken to have been made by the Commissioner.

      2. Where an error is made in a grant of legal aid made in the manner authorised by subsection (1), the Commissioner may cancel or correct the grant.

      3. Subsection (2) is subject to subsection (3).

      4. A grant made in the manner authorised by subsection (1) is not subject to any of the conditions referred to in section 18.

      5. Every grant made in the manner authorised by subsection (1) must state a maximum grant, which must be the amount prescribed under subsection (7).

      6. The Commissioner may from time to time, by notice, specify the amount of the maximum grant for any grant made in the manner authorised by subsection (1).

      7. A notice under subsection (7) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 16A: inserted, on , by section 8 of the Legal Services Amendment Act 2013 (2013 No 43).
      • Section 16A(7): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 16A(8): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).