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Legal Services Act 2011

Legal aid - Reconsideration, review, and appeals of legal aid decisions - Reviews

55B: Tribunal may strike out application for review

You could also call this:

"The Tribunal can reject an application if it's not a good case or a proper request."

Illustration for Legal Services Act 2011

The Tribunal can stop an application for review if they think it does not have a good reason to be made. You might not have a good case, or it might cause problems or delays. The Tribunal can also stop an application if they think it is not a serious request, or if it is not a proper use of the process. The Tribunal has the power to make this decision under the Tribunals Powers and Procedures Legislation Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS278448.

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Topics:
Crime and justice > Courts and legal help
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55A: Procedure, or

"How the Tribunal Makes Decisions"

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56: Determination of review, or

"The Tribunal reviews a decision and makes a final choice"

Part 2Legal aid
Reconsideration, review, and appeals of legal aid decisions: Reviews

55BTribunal may strike out application for review

  1. The Tribunal may strike out, in whole or in part, an application for review if satisfied that it—

  2. discloses no reasonable cause of action; or
    1. is likely to cause prejudice or delay; or
      1. is frivolous or vexatious; or
        1. is otherwise an abuse of process.

          Notes
          • Section 55B: inserted, on , by section 138 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).