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Legal Services Act 2011

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules to Help When the Law Changes"

Illustration for Legal Services Act 2011

You are looking at a part of the Legal Services Act 2011. It is about transitional, savings, and related provisions. This means it has rules to help when the law changes. It tells you what happens to some cases that were already underway when the law changed. You will see some terms like "2020 Act" and "2023 Act". These refer to other laws that changed the Legal Services Act 2011. The "2020 Act" is the Family Court (Supporting Families in Court) Legislation Act 2020. The "2023 Act" is the Legal Services Amendment Act 2023. There are also rules about legal aid. Legal aid is help with legal costs for people who cannot afford them. The rules say what happens to legal aid for cases that were already underway when the law changed. They also say what happens to debts people owe for legal aid. Some rules are about interest on unpaid legal aid debts. Interest is like a fee for not paying a debt back on time. The rules say what happens to interest on debts that were already owed when the law changed. There are more rules about other changes to the law. These changes were made by the Legal Services Amendment Act 2024. They are about things like reports and statements from experts in court cases. They also say what happens to claims for legal aid that were not finished when the law changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS373852.

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146: Revocation of Legal Services Regulations 2006, or

"Cancelling the 2006 Legal Services Regulations"

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Schedule 1: Definition of income and disposable capital, or

"How Your Money and Assets Affect Your Legal Aid"

1AATransitional, savings, and related provisions Empowered by s 4A

1Provisions relating to Family Court (Supporting Families in Court) Legislation Act 2020

1Interpretation

  1. In this Part,—

    2020 Act means the Family Court (Supporting Families in Court) Legislation Act 2020

      pending proceedings means any proceedings commenced under the Care of Children Act 2004 before 1 July 2020 but not completed by that date.

      Notes
      • Schedule 1AA clause 1: inserted, on , by section 10 of the Family Court (Supporting Families in Court) Legislation Act 2020 (2020 No 17).

      2Legal aid may be granted for pending proceedings

      1. Legal aid may be granted under section 7 in respect of pending proceedings even though before the repeal of section 7(3A), (3B), and (6) on 1 July 2020 (by section 9 of the 2020 Act) legal aid could not have been granted in respect of those proceedings.

      Notes
      • Schedule 1AA clause 2: inserted, on , by section 10 of the Family Court (Supporting Families in Court) Legislation Act 2020 (2020 No 17).

      2Provisions relating to Legal Services Amendment Act 2023

      3Interpretation

      1. In this Part,—

        2023 Act means the Legal Services Amendment Act 2023

          commencement date means the date on which the 2023 Act comes into force

            legal aid debt means a debt owed to the Commissioner in respect of a grant of legal aid.

            Notes
            • Schedule 1AA clause 3: inserted, on , by section 14(a) of the Legal Services Amendment Act 2023 (2023 No 61).

            4User charge

            1. This clause applies in respect of a grant of legal aid for a civil matter that immediately before the commencement date was subject to the condition in section 18A(1) (that the aided person pay a user charge of the prescribed amount to the lead provider).

            2. On and after the commencement date,—

            3. the grant of legal aid continues to be subject to the condition as if section 18A(1) had not been repealed by the 2023 Act; and
              1. the following provisions, as in force immediately before the commencement date, continue to apply as if the 2023 Act had not been enacted:
                1. section 18A(2) and (3):
                  1. section 97(2)(a):
                    1. section 99(4)(e):
                      1. regulation 9A of the Legal Services Regulations 2011.

                      Notes
                      • Schedule 1AA clause 4: inserted, on , by section 14(a) of the Legal Services Amendment Act 2023 (2023 No 61).

                      5Interest on unpaid legal aid debt

                      1. This clause applies in respect of any interest on a legal aid debt that immediately before the commencement date was payable by an aided person to the Commissioner under section 40.

                      2. On and after the commencement date,—

                      3. the interest continues to be payable by the aided person as if section 40 had not been repealed by the 2023 Act; and
                        1. the following provisions, as in force immediately before the commencement date, continue to apply as if the 2023 Act had not been enacted:
                          1. section 33(c):
                            1. section 43(1):
                              1. section 44(2):
                                1. regulations 14 and 14A of the Legal Services Regulations 2011.

                                Notes
                                • Schedule 1AA clause 5: inserted, on , by section 14(a) of the Legal Services Amendment Act 2023 (2023 No 61).

                                3Provisions relating to Legal Services Amendment Act 2024

                                6Interpretation

                                1. In this Part,—

                                  amendment Act means the Legal Services Amendment Act 2024

                                    commencement means the commencement of the amendment Act

                                      disbursement means a disbursement relating to a report or statement (whether oral or written) of a person called by an offender under section 27 of the Sentencing Act 2002.

                                      Notes
                                      • Schedule 1AA clause 6: inserted, on , by section 5(a) of the Legal Services Amendment Act 2024 (2024 No 7).

                                      7Grant for disbursement approved but claim not determined before commencement of amendment Act

                                      1. This clause applies if, before commencement,—

                                      2. the lead provider has obtained the Commissioner’s approval to incur a disbursement as part of a grant of legal aid; but
                                        1. the Commissioner has not approved, deferred, or declined payment of a claim for payment in respect of legal aid services or specified legal services that includes the disbursement.

                                          1. The Commissioner must approve, defer, or decline payment of the claim as if section 99(4)(ca) had not been enacted.

                                          Notes
                                          • Schedule 1AA clause 7: inserted, on , by section 5(a) of the Legal Services Amendment Act 2024 (2024 No 7).