Legal Services Act 2011

Legal aid - How Commissioner may enforce conditions of grant - Deduction notices

41F: Making of deductions

You could also call this:

"Taking money owed to the government from someone's payment"

Illustration for Legal Services Act 2011

When you make a deduction under a deduction notice, you are acting on behalf of the person getting help and anyone else involved. You are also acting for the Commissioner. The amount you deduct is owed to the Commissioner and must be held in trust for them. If you are asked, you must give the person getting help a written statement of how much you deducted and why. You can check the original legislation for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5588344.

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41E: Deduction notices issued to banks, or

"What happens when a bank gets a notice to take money from someone's account"


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41G: Offences in relation to deduction notices, or

"Breaking the rules about taking and paying money as ordered by the law can lead to fines"

Part 2Legal aid
How Commissioner may enforce conditions of grant: Deduction notices

41FMaking of deductions

  1. Any person who makes a deduction under a deduction notice is deemed to be acting—

  2. on the authority of the aided person and any other person concerned; and neither the aided person nor that other person has any claim against the third party or the Commissioner or the Crown in respect of that deduction; and
    1. on behalf of the Commissioner; and, without prejudice to any other remedies against the aided person or any other person, any amount deducted must be held in trust for the Commissioner and is a debt due to the Commissioner and may be recovered in any court or tribunal of competent jurisdiction.
      1. A third party must, on request, give the aided person a statement in writing of any amount deducted, and of the purpose for which the deduction was made.

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      Notes
      • Section 41F: inserted, on , by section 14 of the Legal Services Amendment Act 2013 (2013 No 43).