Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698848330179.pdf (New Zealand)
Legal Assistance (Sustainability) Amendment Bill Government Bill Explanatory note General policy statement This Bill makes changes to the provision of legal services paid for by the Crown.

These services include legal aid, and lawyer for child and youth advocate services.

It amends the Legal Services Act 2011 to ensure that the legal aid system remains affordable in the future, and that legal aid services remain available to those who need them.
Expenditure on legal aid has grown substantially in the past decade, and the rate of growth accelerated between 2006/07 and 2009/10.

The current level of ex- penditure is unsustainable in the long term.

This Bill will ensure that legal aid is available for those who need it more by limiting the number of grants and increasing the amount legally aided people pay.
It adjusts eligibility for legal aid, reintro- duces a user charge for civil and family legal aid, and enables interest to be charged on legal aid debts.

The Bill also makes other improvements to the legal aid scheme and changes to lawyer for child and youth advocate services.
316—1 2 Legal Assistance (Sustainability) Amendment Bill Explanatory note Adjusting eligibility for legal aid The Bill restrains the growth in the number of people receiving legal aid by tightening the means and merits tests and reverses the changes which extended eligibility in 2007.

It also provides for greater flex- ibility to adjust eligibility in the future and for improvements in the assessment of eligibility.
The reforms include— • placing the civil matters for which legal aid can be granted in a schedule that can be amended by Order in Council following consultation; and tightening the merits tests for family cases by removing the criterion to take account of the interests of other vulnerable parties; and adjusting the special circumstances consideration in the means test for family and civil cases so that it focuses on expensive cases; and applying the means thresholds that apply to family and civil cases to cases in the criminal summary jurisdiction; and removing the requirement to index means thresholds to move- ments in the Consumer Price Index; and simplifying the administration of funding of legal aid for of- fenders for Parole Board appearances so that all such cases are classified as criminal legal aid; and removing the requirement to consider household furniture and other low-value assets as part of assessing disposable capital.
• • • • • • Payments by legally aided people This Bill will increase payments by legally aided people.

The changes will encourage legal aid applicants to consider whether they wish to proceed with litigation and provide incentives for repayment of legal aid.

The Bill reintroduces a user charge for family and civil cases.

The level of user charge will be set in regulations and some types of cases are excluded from the charge, for example, domestic violence and mental health cases.
The Bill allows for interest charges, set at the rate of the capital charge, to be applied to all legal aid debts.

Explanatory note Legal Assistance (Sustainability) Amendment Bill 3 Improvements to legal aid The Bill includes administrative improvements such as providing for the appointment of a Deputy Review Authority and clarifying the circumstances in which the office of the Authority can be vacated.
Lawyer for child and youth advocate services The Bill also makes changes to lawyer for child and youth advocate services to maintain parity between different forms of government- funded legal assistance.
The changes— • extend the quality assurance framework for legal aid providers to lawyers for the child in Family Court proceedings and youth advocates in Youth Court proceedings; and require parties to some types of Family Court proceedings to contribute to the costs of the court-appointed lawyer for the child.
• Regulatory impact statement The Ministry of Justice produced a regulatory impact statement on 7 December 2010 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

A copy of this regulatory impact statement can be found at— • http://www.justice.govt.nz/policy-and-consultation/regulato- ryimpactstatements http://www.treasury.govt.nz/publications/informationre- leases/ris • Clause by clause analysis Clause 1 is the Title clause.
Clause 2 provides for the commencement of the Act.

Clause 19(5), which repeals the current requirement to adjust eligibility amounts in line with inflation, comes into force on the day after the date on which the Act receives the Royal assent.

The other provisions come into force on a date or dates appointed by Order in Council.

This is due to administrative steps that must be taken before those provisions can take effect.
Any provision not in force 1 year after the Royal assent comes into force on the first anniversary of the Royal assent.

4 Legal Assistance (Sustainability) Amendment Bill Explanatory note The Bill is an omnibus Bill in terms of Standing Order 259(a).

It is intended that the Bill will be divided into separate Bills at the com- mittee of the whole House stage.

Part 1 Amendments to Legal Services Act 2011 Clause 3 states that Part 1 amends the Legal Services Act 2011 (the principal Act).
Clause 4 amends section 4 of the principal Act, which relates to inter- pretation.

Subclause (1) repeals the definition of civil proceedings.

The definition is no longer required as eligible civil proceedings will be specified in new Schedule 1A (see new section 7 set out in clause 6).

Subclause (2) corrects cross-references.

Subclause (3) inserts a new definition of user charge.

Clause 5 amends section 6 of the principal Act, which relates to crim- inal matters eligible for legal aid.
The effect of the amendment is to bring the representation of an offender in eligible proceedings before the New Zealand Parole Board within the class of criminal matters.

Clause 6 substitutes new sections 7, 8, and 8A.

New section 7 pro- vides that legal aid is available for a civil matter only if the matter is specified in new Schedule 1A and only in accordance with that sched- ule.
New sections 8 and 8A carry forward the eligibility criteria for criminal legal aid in existing section 8 of the principal Act, except that the current means test is modified in the case of offences that are not punishable by a maximum term of imprisonment above 3 years.
For offences of that type, the Legal Services Commissioner (the Com- missioner) must refuse to grant legal aid if the applicant’s income or the applicant’s disposable capital exceeds the relevant thresholds prescribed in regulations unless satisfied that there are special cir- cumstances having regard to the likely cost of the proceedings to the applicant and the applicant’s ability to fund the proceedings if legal aid is not granted.
Clause 7 amends section 10 of the principal Act, which relates to the eligibility criteria for civil legal aid.
Existing section 10 provides that the Commissioner must refuse to grant legal aid to an applicant whose income or disposable capital exceeds the relevant thresholds prescribed in regulations, unless the Commissioner is satisfied that there are special circumstances having regard to the likely cost of the Explanatory note Legal Assistance (Sustainability) Amendment Bill 5 proceedings to the applicant or the applicant’s ability to fund the pro- ceedings if legal aid is not granted.
The amendment limits the Com- missioner’s authority to grant legal aid to persons whose income or disposable capital is above the relevant thresholds to cases where he or she is satisfied of both matters.
However, the existing law under which the Commissioner may make an exception and make a grant if satisfied of either matter is preserved in the case of applications for aid for proceedings under Part 2 or 3A of the Children, Young Per- sons, and Their Families Act 1989, the Intellectual Disability (Com- pulsory Care and Rehabilitation) Act 2003, the Mental Health (Com- pulsory Assessment and Treatment) Act 1992, applications for aid by or on behalf of applicants for a protection order under Part 2, or an order relating to property under Part 3, of the Domestic Violence Act 1995, and for applications concerned with a person’s status as a refugee or a protected person.
Clause 8 amends section 12(2) of the principal Act, which specifies certain proceedings concerned with a person’s status as a refugee or a protected person as exceptions to situations where legal aid must be refused.

The amendment is consequential on new section 7 as substituted by clause 6.

Clause 9 inserts a new section 13A.


The new section provides that new Schedule 1A, which sets out the civil matters for which legal aid is available, may be amended by Order in Council on the recommen- dation of the Minister.

Before the Minister makes a recommenda- tion, the Minister must consult with representatives of groups who, in the opinion of the Minister, are likely to be affected by the recom- mendation.
If a recommendation would have the effect of excluding or restricting the grant of legal aid for any civil matter, the Minister must be satisfied that the proposed exclusion or restriction is desir- able in the interests of the future viability of the legal aid scheme or in the interests of the fairness of the legal aid scheme to applicants for grants and to the wider community.

Clause 10 inserts a new section 18A, which requires aided persons to pay a user charge to the lead provider.
The amount of the charge is to be set by regulations.

Certain recipients of grants are exempt from the requirement to pay a user charge.
The exempted recipients are certain claimants to the Waitangi Tribunal, parties to proceed- ings under Part 2 or 3A of the Children, Young Persons, and Their Families Act 1989, applicants for protection orders under Part 2, or 6 Legal Assistance (Sustainability) Amendment Bill Explanatory note orders relating to property under Part 3, of the Domestic Violence Act 1995, patients or proposed patients in proceedings under the Mental Health (Compulsory Assessment and Treatment) Act 1992, care re- cipients or proposed to care recipients in proceedings under the In- tellectual Disability (Compulsory Care and Rehabilitation) Act 2003, victims in respect of inquests or hearings before the New Zealand Pa- role Board, and applicants for recognition as a refugee or a protected person.
Clause 11 is consequential on clause 12.

Clause 12 substitutes a new section 40, which requires an aided per- son to pay interest, at a rate prescribed by regulations, on outstanding final repayments.

Interest will be payable on all grants made after the commencement of clause 12.

On prior grants, interest will be payable if the Commissioner asks the aided person, by written notice, to do so.

Existing obligations to pay interest are not affected.
Clause 13 amends section 44 of the principal Act, which entitles an aided person to a refund for amounts paid to the Commissioner that exceed the cost of services.

The amendment clarifies that, in calcu- lating the cost of services, any interest paid is disregarded.

Clause 14 provides for the appointment of 1 or more Deputy Review Authorities.

Clause 15 inserts new sections 87A and 87B.


New section 87A pro- vides that a Deputy Review Authority has the functions, powers, du- ties, and immunities of the Review Authority.

New section 87B sets out when a Deputy Review Authority may per- form the functions of a Review Authority.
This is when the Review Authority is absent, or there is a vacancy in the office, or when the Review Authority assigns a decision or class of decision to a Deputy Review Authority to avoid delay or the perception of a conflict of interest.

Where there is more than 1 Deputy Review Authority, a Deputy Review Authority must be nominated to assign decisions to the other deputies when the Review Authority is absent or when the office is vacant.
Clause 16 amends section 97 of the principal Act, which relates to the claims for payment to be made by lead providers to the Secretary.

The amendment requires lead providers to subtract from their claims the user charges that aided persons have to pay.

Explanatory note Legal Assistance (Sustainability) Amendment Bill 7 Clause 17 amends section 99(4) of the principal Act, which sets out the grounds for declining a claim.
The amendment adds to those grounds that the user charge has not been deducted from the claim.

Clause 18 amends section 103(1) of the principal Act, which sets out the grounds for cancelling a provider’s approval.

The amend- ment replaces existing paragraph (c), which states as a ground for cancellation that the provider takes unauthorised payments from a legally aided person in relation to a legal aid matter.
New paragraph (c) states that ground more comprehensively by including payments made on behalf of a legally aided person as well as payments made for specified legal services.

Clause 19 makes several amendments to section 114 of the principal Act, which empowers regulations to be made.

The first amendment empowers the amount of the user charge to be prescribed.
The sec- ond amendment enables regulations to provide for the calculation of interest payable by aided persons on outstanding repayments, in- cluding the setting of rates, and the circumstances in which interest is compounded.

The third amendment clarifies that regulations setting time frames for the making of claims may set different time frames for different claims.
The fourth amendment clarifies that the power of the Commissioner to set different amounts according to different categories also applies to the calculation of interest.

The fifth amend- ment repeals existing subsections (5) to (7).

The existing subsections require prescribed eligibility levels of income and disposable capital to be adjusted by the movement of the Consumers Price Index if that movement is 5% or above in a relevant period.
Clause 20 repeals clause 3(1)(c) of Schedule 1, which currently ex- cludes from the disposable capital level that is factored into deter- mining eligibility for legal aid the value of an applicant’s household furniture, household appliances, personal clothing, and tools of trade.

Clause 21 inserts a new Schedule 1A, which sets out the civil matters for which legal aid is available.

The matters listed are similar to those listed in existing section 7.
Clause 22 replaces clause 24 of Schedule 3, which concerns the ter- mination of the appointment of the Review Authority.

The current clause provides for the dismissal of the Review Authority for incap- acity affecting performance of duty, neglect of duty, or misconduct proved to the satisfaction of the Governor-General.
The new clause retains those grounds for dismissal but provides that the Minister of 8 Legal Assistance (Sustainability) Amendment Bill Explanatory note Justice, rather than the Governor-General, has to be satisfied that they are made out.

The new clause also permits the Review Authority to resign and provides that, in the event of bankruptcy, he or she ceases to hold office.

Clause 23 is a transitional provision.


Applications for legal aid re- ceived before an amendment of the principal Act takes effect must be considered and determined under the old law.

Also, grants of legal aid made before an amendment of the principal Act takes effect must be administered under the old law.

The only exception to that rule is the amendment made by clause 12 on the accrual of interest on amounts required to be repaid by aided persons.
Part 2 Amendments to other Acts Subpart 1—Care of Children Act 2004 Clause 24 states that this subpart amends the Care of Children Act 2004 (the principal Act).

Clause 25 amends section 7 of the principal Act, which provides for the appointment of lawyers to act for children who are affected by proceedings under the principal Act.

The amendment requires lawyers appointed by the court to represent children to be approved to provide that service under the Legal Services Act 2011.
Clause 26 amends section 131 of the principal Act, which relates to the determination, payment by the Crown, and possible reimburse- ment by the parties of fees of counsel appointed by the court.

The court may appoint counsel to assist the court and may also appoint lawyers to act for children.

The amendment substitutes new sub- sections (4) to (6) for existing subsection (4).
New subsection (4) concerns counsel assisting the court and continues the existing dis- cretion of the court to require the parties to proceedings to reimburse the Crown for fees paid by the Crown for counsel assisting the court.

The content of new subsection (5) is new.

If a lawyer acting for a child has been appointed, new subsection (5) requires the court to order the parties to contribute to the fees for that lawyer.
However, that requirement does not apply to cases under the Hague Convention on International Child Abduction.

Explanatory note Legal Assistance (Sustainability) Amendment Bill 9 Clause 27 inserts new sections 131A to 131C into the principal Act.

New section 131A provides for the content of the order requiring par- ties to contribute towards the fees of the lawyer for the child.

The parties will have to pay a proportion of the fees.

That proportion will be prescribed by regulations.


The court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.

The new section sets out definitions of serious hardship and dependent child.

Generally, the part-reimbursement of the fees of the lawyer for the child will be shared equally by the parties.
However, the court may set different amounts for a party, having regard to the circumstances of the case, including the conduct of the party.

New section 131B provides for the enforcement of orders requiring parties to refund the fees of counsel appointed by the court.

Such orders may be enforced in the same way as judgments of the court.

The provision discontinues the existing requirement for a further order under existing section 131(4) of the principal Act.
New section 131C authorises arrangement for time for payments by a party with an outstanding obligation to contribute towards the fees of court appointed counsel.

The Registrar may defer the date by which payment is to be made or provide for payment by instalments.

Clause 28 amends section 147 of the principal Act, which provides for the making of regulations.
A new power is inserted to make regu- lations prescribing the proportion of the fees of lawyers appointed to act for children that is to be paid by the parties.

Clause 29 sets out transitional provisions relating to the eligibility of lawyers appointed by the court to act for a child.
The requirement, introduced by clause 25, that such lawyers must be approved under the Legal Services Act 2011 will also apply when such a lawyer is appointed in a proceeding that commenced before the commence- ment of clause 25.
However, a lawyer who is currently eligible for appointment, in accordance with Family Court practice, remains eli- gible for a period of 6 months after clause 25 comes into force and, if at the end of that period that lawyer’s application for approval under the Legal Services Act 2011 is pending, until the application is de- cided.

Clause 30 sets out transitional provisions relating to the costs of court-appointed counsel.
In proceedings that commenced before the commencement of clause 26, orders requiring parties to pay the costs 10 Legal Assistance (Sustainability) Amendment Bill Explanatory note of court-appointed counsel will continue to be made under the previ- ous law; they will thus continue to be discretionary.
However, orders of that nature, made under the previous law, will generally be en- forceable under the provisions; there will thus be no need for a fur- ther order before enforcement and liable parties will be able to enter into time-payment agreements.

Subpart 2—Child Support Act 1991 The amendments made by this subpart to the Child Support Act 1991 are similar in subject matter and effect to those made by subpart 1 to the Care of Children Act 2004.
Subpart 3—Children, Young Persons, and Their Families Act 1989 The amendments made by this subpart to the Children, Young Per- sons, and Their Families Act 1989 correspond to the amendments made by subpart 1 insofar as they prescribe eligibility requirements for court-appointed lawyers.
The lawyers affected are counsel ap- pointed by the Family Court to represent children or young people in care and protection proceedings as well as counsel appointed by the Youth Court to represent children or young people who appear in that court charged with an offence.

The amendments require both kinds of lawyer to be approved to provide those services under the Legal Services Act 2011.
Transitional arrangements, similar to those in clause 29 are made for lawyers currently authorised to act in either capacity.

Subpart 4—Domestic Violence Act 1995 The amendments made by this subpart to the Domestic Violence Act 1995 require lawyers appointed by the court to represent children in proceedings under the Act to be approved to provide those services under the Legal Services Act 2011.
Transitional arrangements, sim- ilar to those in clause 29 are made for lawyers currently authorised to act in that capacity.

Explanatory note Legal Assistance (Sustainability) Amendment Bill 11 Subpart 5—Family Proceedings Act 1980 The amendments made by this subpart to the Family Proceedings Act 1980 are similar in subject matter and effect to those made by subpart 1 to the Care of Children Act 2004.
Subpart 6—Property (Relationships) Act 1976 The amendments made by this subpart to the Property (Relation- ships) Act 1976 (the principal Act) require lawyers appointed to represent children in proceedings under that Act to be approved to provide those services under the Legal Services Act 2011.
Existing section 37A of the principal Act provides that the fees and reason- able expenses of a court-appointed lawyer are determined in accord- ance with regulations and must be paid by 1 or more of the parties to the proceedings as ordered by the court.

Subsections (3) and (4) of that section provide that the court may order that the court-appointed lawyer be paid by the Crown and in that case the amount so paid is a debt due to the Crown by the liable parties.
These subsections are repealed by this subpart (clause 50(2)).

Transitional arrangements, similar to those in clause 29 in subpart 1, are made for lawyers who are currently appointed by the court to represent children in proceedings under the principal Act.

For pro- ceedings commenced before the change made by this subpart, clause 53 continues the power of the court to order the Crown to pay the fees and expenses of court-appointed lawyers.
Such payments may be recovered from the parties under existing section 37A(4) without, however, the need for a further court order.
Hon Simon Power Legal Assistance (Sustainability) Amendment Bill Government Bill Contents Title Commencement Part 1 Amendments to Legal Services Act 2011 Principal Act amended Interpretation Proceedings for which legal aid may be granted: criminal matters New sections 7, 8, and 8A substituted 7 Proceedings for which legal aid may be granted: civil matters When legal aid may be granted: criminal matters Means of applicant for legal aid in criminal matters 8 8A When legal aid may be granted: civil matters Other situations where legal aid refused or limited: civil matters New section 13A inserted 13A Schedules 1A and 2 may be amended by Order in Council New section 18A inserted User charge payable by aided person 18A Amount payable by aided person to Commissioner 316—1 Page 4 4 5 5 5 6 6 6 7 8 9 9 9 10 10 11 1 Legal Assistance (Sustainability) Amendment Bill Interest on unpaid legal aid debt Deputy Review Authority Scope of functions of Deputy Review Authority New section 40 substituted 40 Commissioner to refund excess payments Review Authority established New sections 87A and 87B inserted 87A 87B Lead provider to claim for payment Secretary to refer claim to Commissioner for decision Cancellation Regulations Schedule 1 amended New Schedule 1A inserted Schedule 3 amended Transitional provision Part 2 Amendments to other Acts Subpart 1—Care of Children Act 2004 Principal Act amended Lawyer to act for child Costs of court-appointed counsel New sections 131A to 131C inserted 131A Order
 requiring refund of payments in respect of lawyer acting for child 131B Enforcement of orders to refund fees and expenses of court-appointed lawyers 131C Time for payment of orders to refund fees and expenses of court-appointed lawyers may be extended Regulations Transitional provisions relating to eligibility of lawyers to act for child Transitional provisions relating to reimbursement of costs of court-appointed counsel Subpart 2—Child Support Act 1991 Principal Act amended Appointment of barrister or solicitor
 to assist court or represent children New sections 226A to 226E inserted Legal Assistance (Sustainability) Amendment Bill 226A Eligibility for appointment as lawyer to represent children 226B Costs of Court-appointed barrister or solicitor 226C Order requiring refund of payments in respect of barrister or solicitor representing child 226D Enforcement of orders to refund fees and expenses of court-appointed barristers or solicitors 226E Time for payment of orders to refund fees and expenses of court-appointed barristers or solicitors may be extended Costs Transitional provisions relating to eligibility of lawyers to represent children Transitional provisions relating to reimbursement of costs of court-appointed counsel Subpart 3—Children, Young Persons, and Their Families Act 1989 Principal Act amended Appointment of barrister or solicitor to represent child or young person Appointment of youth advocate to represent child or young person Transitional provisions relating to eligibility of barristers or solicitors to represent child or young person Subpart 4—Domestic Violence Act 1995 Principal Act amended Court may appoint lawyer Transitional provisions relating to eligibility of lawyers to represent children Subpart 5—Family Proceedings Act 1980 Principal Act amended Appointment of barrister or solicitor to assist
 Court or represent children New sections 162A to 162E inserted 162A Eligibility for appointment as barrister or solicitor to represent child 162B Costs of Court-appointed barrister or solicitor 162C Order requiring refund of payments in respect of barrister or solicitor representing child cl 1 Legal Assistance (Sustainability) Amendment Bill 162D Enforcement of orders to refund fees and expenses of
 Court-appointed barristers or solicitors 162E Time for payment of orders to refund fees and expenses of Court-appointed barristers or solicitors may be extended Transitional provisions relating to eligibility of barristers or solicitors to represent child Transitional provisions relating to reimbursement of costs of court-appointed counsel Subpart 6—Property (Relationships) Act 1976 Principal Act amended Court may appoint lawyer for children New section 37B inserted 37B Eligibility for appointment as lawyer to represent minor or dependent children Transitional provisions relating to eligibility of lawyers to represent minors or children Transitional provisions relating to reimbursement of costs of court-appointed counsel Schedule New Schedule 1A inserted 31 31 32 32 33 33 33 33 34 34 36 47 48 49 50 51 52 53 The Parliament of New Zealand enacts as follows: Title This Act is the Legal Assistance (Sustainability) Amendment Act 2011.
Commencement This Act, except section 19(5), comes into force on a date to 5 be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.

Section 19(5) comes into force on the day after the date on which this Act receives the Royal assent.
If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that 10 1 2 (1) (2) (3) 4 3 4 (1) (2) (3) 5 Legal Assistance (Sustainability) Amendment Bill Part 1 cl 5 is 1 year after the date on which this Act receives the Royal assent.

Part 1 Amendments to Legal Services Act 2011 Principal Act amended This Part amends the Legal Services Act 2011.

5 Interpretation The definition of civil proceedings in section 4(1) is repealed.
The definition of prescribed repayment amount is amended by omitting “sections 19(1) and 20” and substituting “sections 10 20(1) and 21”.

Section 4(1) is amended by inserting the following definition in its appropriate alphabetical order: “user charge means the amount that aided persons are re- quired to pay by section 18A”.
15 Proceedings for which legal aid may be granted: criminal matters Section 6 is amended by repealing paragraph (c) and substitut- ing the following paragraphs: “(c) proceedings before the New Zealand Parole Board 20 that— “(i) are held under section 27, 65, or 107 of the Parole Act 2002 (which relate to postponement orders, recall orders, and orders under section 107 of that Act); or 25 “(ii) otherwise concern an offender who is entitled, under section 49(3)(c) of the Parole Act 2002, to be represented by counsel in the proceeding: “(d) proceedings in the High Court on an application under section 68 of the Parole Act 2002 (which relates to ap- 30 peals against postponement orders, section 107 orders, and final recall orders).” 5 Part 1 cl 6 Legal Assistance (Sustainability) Amendment Bill 6 “7 New sections 7, 8, and 8A substituted Sections 7 and 8 are repealed and the following sections sub- stituted: Proceedings for which legal aid may be granted: civil matters 5 “(a) “(1) Legal aid may be granted in respect of a civil matter only if— the matter is specified in Schedule 1A as a matter for which legal aid is available; and any conditions stated in that schedule are met.
“(2) Legal aid is not available in respect of matters excluded by 10 “(b) Schedule 1A.
“8 When legal aid may be granted: criminal matters “(1) The Commissioner may grant legal aid, in respect of proceed- ings to which section 6 applies (criminal matters), if— “(a) the applicant is a natural person charged with or con- 15 victed of an offence; and either— “(i) “(b) the offence to which the application relates is punishable by a maximum term of imprisonment of 6 months or more; or it appears to the Commissioner that the interests of justice require that the applicant be granted legal aid; and 20 “(ii) “(c) the application for legal aid meets whichever of the re- quirements specified in section 8A(1), (3), or (5) is 25 applicable.
“(2) When considering whether the interests of justice require that the applicant be granted legal aid, the Commissioner— “(a) must have regard to— “(i) whether the applicant has any previous convic- 30 tion; and “(ii) whether the applicant is charged with or con- victed of an offence punishable by imprisonment; and “(iii) whether there is a real likelihood that the appli- 35 cant, if convicted, will be sentenced to imprison- ment; and 6 Legal Assistance (Sustainability) Amendment Bill Part 1 cl 6 “(iv) whether the proceedings involve a substantial question of law; and “(v) whether there are complex factual, legal, or evi- dential matters that require the determination of a court; and “(vi) whether the applicant is able to understand the proceedings or present his or her own case, whether orally or in writing; and “(vii) in any proceeding to which section 6(c) applies, 5 the consequences for the applicant if legal aid is 10 not granted; and “(viii) in respect of an appeal, the grounds of the ap- peal; and “(b) may have regard to any other circumstances that, in the opinion of the Commissioner, are relevant.
15 “(3) Subsection (1)(b)(i) does not apply in respect of— “(a) “(b) an appeal; or a proceeding to which section 6(c) or (d) applies.

“(4) Despite subsection (1), the Commissioner may not grant legal aid to a child or a young person (as those terms are de- 20 fined in section 2(1) of the Children, Young Persons, and Their Families Act 1989) in respect of any proceedings against that child or young person for an offence if those proceedings are heard in a Youth Court.
“8A Means of applicant for legal aid in criminal matters “(1) An application for legal aid that relates to proceedings for an offence punishable by a maximum term of imprisonment of more than 3 years meets the requirements of this subsection if the Commissioner is of the view that the applicant does not have sufficient means to enable him or her to obtain legal as- 30 sistance.
25 “(2) When determining whether an applicant has sufficient means to enable him or her to obtain legal assistance, the Commis- sioner must, except as provided under section 9(1), have re- gard to the applicant’s income and disposable capital as set 35 out in Schedule 1.
“(3) An application for legal aid that relates to proceedings that relate solely to offences punishable by a maximum term of 7 Part 1 cl 7 Legal Assistance (Sustainability) Amendment Bill imprisonment of 3 years or less meets the requirements of this subsection if neither the applicant’s income nor the applicant’s disposable capital exceeds the relevant thresholds prescribed in regulations.
“(4) The Commissioner must decline an application of the kind 5 described in subsection (3) if the applicant’s income or the applicant’s disposable capital exceeds the relevant thresholds prescribed in regulations.
“(5) However, despite subsection (4), an application of the kind described in subsection (3) meets the requirements of this 10 subsection, and the applicant may accordingly be granted legal aid, if the Commissioner is satisfied that there are special cir- cumstances, having regard to— “(a) “(b) the likely cost of the proceedings to the applicant; and the applicant’s ability to fund the proceedings if legal 15 aid is not granted.” 7 (1) When legal aid may be granted: civil matters Section 10 is amended by repealing subsection (2) and substi- tuting the following subsections: “(2) The Commissioner must refuse to grant legal aid to an appli- 20 cant whose income or disposable capital exceeds the relevant thresholds prescribed in regulations, unless the Commissioner is satisfied that there are special circumstances, having regard to,— “(a) in the case of a care and protection application, a domes- 25 tic violence application, or an asylum proceeding, either or both of the matters set out in subsection (2A): in any other case, both of the matters set out in subsec- tion (2A).
“(b) “(2A) The matters referred to in subsection (2) are: “(a) “(b) the likely cost of the proceedings to the applicant: the applicant’s ability to fund the proceedings if legal aid is not granted.” (2) (3) “(7) Section 10(6)(c) is repealed.
Section 10 is amended by adding the following subsection: In this section,— 30 35 8 Legal Assistance (Sustainability) Amendment Bill Part 1 cl 9 “asylum proceeding means a proceeding that involves, or is connected with, the recognition of a person as a refugee or pro- tected person, being a proceeding that is specified in Sched- ule 1A as a matter available for legal aid “care and protection application means an application in re- 5 spect of a proceeding under any of the following Acts: “(a) Part 2 or 3A of the Children, Young Persons, and Their “(b) “(c) Families Act 1989: the Intellectual Disability (Compulsory Care and Re- habilitation) Act 2003: the Mental Health (Compulsory Assessment and Treat- ment) Act 1992 10 “domestic violence application means an application made by or on behalf of person A, as described in section 19(1), in respect of a protection order under Part 2, or an order relating 15 to property under Part 3, of the Domestic Violence Act 1995.” 8 9 Other situations where legal aid refused or limited: civil matters Section 12(2) is amended by repealing paragraph (b) and sub- stituting the following paragraph: “(b) proceedings that involve, or are connected with, the recognition of a person as a refugee or protected per- son, being an application that is specified in Schedule 1A as a matter available for legal aid.” New section 13A inserted The following section is inserted after section 13: “(2) “13A Schedules 1A and 2 may be amended by Order in Council “(1) The Governor-General may, by Order in Council, in accord- ance with a recommendation of the Minister, amend Sched- ule 1A or 2.
If a recommendation under subsection (1) would have the effect of excluding or restricting the grant of legal aid for any civil matter, the Minister must be satisfied that the proposed exclusion or restriction is desirable in the interests of either or both of the following: “(a) the future viability of the legal aid scheme: 20 25 30 35 9 Part 1 cl 10 Legal Assistance (Sustainability) Amendment Bill “(b) the fairness of the legal aid scheme to applicants for legal aid and to the wider community.
“(3) Before the Minister makes a recommendation under subsec- tion (1), the Minister must consult with representatives of groups who, in the opinion of the Minister, are likely to be 5 affected by the recommendation.” 10 New section 18A inserted The following section is inserted after section 18: “18A User charge payable by aided person “(1) Every grant of legal aid for a civil matter, other than a grant to 10 which subsection (4) applies, is subject to the condition that the aided person pay a user charge of the prescribed amount to the lead provider.
“(2) The condition relating to the user charge is satisfied once the user charge is paid and no further user charges are payable in 15 respect of the grant to which the condition attaches.
“(3) The lead provider is authorised to receive the user charge from, or on behalf of, the aided person and may— “(a) decline to provide any services under the grant of legal aid until the user charge under subsection (1) is paid; 20 or if the user charge has not been paid but any services of that kind have been provided, recover the user charge from the aided person.
“(b) “(4) This section does not apply to a grant of legal aid made on an 25 application— “(a) “(b) “(ii) described in any of section 18(7)(a) to (d); or that relates to a proceeding under— “(i) Part 2 or 3A of the Children, Young Persons, and Their Families Act 1989; or the Prisoners’ and Victims’ Claims Act 2005; or “(c) made by or on behalf of person A, as described in sec- tion 19(1), in respect of a protection order under Part 2, or an order relating to property under Part 3, of the Do- mestic Violence Act 1995; or that relates to a proceeding that involves, or is connected with, the recognition of a person as a refugee or pro- “(d) 30 35 10 10 15 11 (1) (2) 12 Legal Assistance (Sustainability) Amendment Bill Part 1 cl 12 tected person, being a proceeding that is specified in Schedule 1A as a matter available for legal aid.
“(5) A grant of legal aid is also within subsection (4) if it is made on an application for matters referred to in that subsection as well as for other matters.” 5 Amount payable by aided person to Commissioner Section 33 is amended by omitting “under the conditions” and substituting “in respect”.
Section 33 is amended by adding “; and” and also by adding the following paragraph: “(c) any interest payable under section 40 in accordance with regulations.” New section 40 substituted Section 40 is repealed and the following section substituted: Interest on unpaid legal aid debt “40 “(1) Subsection (2) applies to any amount that is payable in respect of a grant of legal aid made on or after the commence- ment of this section (as substituted by the Legal Services Amendment Act 2011).
“(2) An aided person must pay the Commissioner interest, calcu- 20 lated in accordance with, and at the rate or rates prescribed by, the regulations on any amount that, during any period speci- fied in the regulations, is payable under section 33(b).

“(3) Subsection (4) applies to so much of an amount (the out- standing amount) as is payable by an aided person in respect 25 of a grant of legal aid made before the commencement of this section (as substituted by the Legal Services Amendment Act 2011).
“(4) The Commissioner may, by written notice, ask the aided person to pay interest in respect of the outstanding amount 30 (whether or not the person is in default), and then, as from the date stated in the notice for the purpose, subsection (2) applies to the person and to the outstanding amount.

Interest is not payable on any amount that an aided person is required to pay to the Commissioner under section 33(a).
35 “(5) 11 Part 1 cl 13 Legal Assistance (Sustainability) Amendment Bill “(6) The interest must be calculated and paid in accordance with the regulations.
“(7) Subsection (4) does not affect any subsisting requirement under section 40(1) (as in force before the commencement of section 12 of the Legal Services Amendment Act 2011).” 5 13 “(2) 14 (1) (2) Commissioner to refund excess payments Section 44 is amended by adding the following subsection as subsection (2): In assessing the cost of services for the purposes of subsec- tion (1)(b), any interest paid under section 40 must be disre- 10 garded.” Review Authority established Section 84(2) is amended by adding “and may appoint 1 or more Deputy Review Authorities”.
Section 84(3) is amended by omitting “The person appointed 15 as the Review Authority” and substituting “A person ap- pointed under this section”.
15 New sections 87A and 87B inserted The following sections are inserted after section 87: “87A Deputy Review Authority “(1) A Deputy Review Authority appointed under section 84(2) has the functions, powers, duties, and immunities of the Review Authority and every reference to the Review Authority in sec- tions 85 to 87 and in Part 3 of Schedule 3 is taken to include a reference to a Deputy Review Authority.

“(2) This section is subject to section 87B.
“(a) “87B Scope of functions of Deputy Review Authority “(1) A Deputy Review Authority may review decisions only if— the Review Authority is absent from duty for any rea- son; or there is a vacancy in the office of Review Authority; or the Review Authority has assigned a decision or a class of decision to the Deputy Review Authority in the inter- ests of avoiding— “(b) “(c) 20 25 30 12 Legal Assistance (Sustainability) Amendment Bill Part 1 cl 16 “(i) “(ii) delay; or the perception of, or any actual, conflict of inter- est or other impropriety.
“(2) If there are 2 or more Deputy Review Authorities, the Re- view Authority must nominate 1 Deputy Review Authority 5 (the nominated deputy) to exercise the power under subsec- tion (1)(c) and that nominated deputy may then exercise that power when the Review Authority is absent from duty (for any reason) or when there is a vacancy in the office of the Review Authority.
“(3) A nomination— 10 “(a) must be in writing; and “(b) “(c) is revocable at any time, in writing, by the person who made it or by his or her successor in office; and until revoked, continues in force according to its terms 15 even if the person who made it has ceased to hold the office of Review Authority.
“(4) Despite subsection (1), if, during the absence of the Review Authority from duty (for any reason) or a vacancy in the office of the Review Authority, there are 2 or more Deputy Review 20 Authorities, a Deputy Review Authority may review a deci- sion in accordance with subsection (1) only if— “(a) that Deputy Review Authority is the nominated deputy; or the decision has been, or is part of a class of decision 25 that has been, assigned to that Deputy Review Authority under subsection (1)(c).
“(b) “(5) The fact that a Deputy Review Authority purports to exercise or perform, or to have exercised or performed, any function, duty, or power under this section or under an assignment under 30 subsection (1)(c) or under a nomination under subsection (2) is, in the absence of proof to the contrary, sufficient evi- dence of the person’s authority to do so.” 16 Lead provider to claim for payment Section 97(2)(a) is amended by inserting “, less the user charge 35 required to be paid by the aided person” after “provider”.
13 Part 1 cl 17 Legal Assistance (Sustainability) Amendment Bill Secretary to refer claim to Commissioner for decision Section 99(4) is amended by inserting the following paragraph after paragraph (c): “(ca) the user charge required to be paid by the aided person has not been deducted from the claim:”.
5 Cancellation Section 103(1) is amended by repealing paragraph (c) and sub- stituting the following paragraph: “(c) the provider takes an unauthorised payment from or in respect of a person in relation to any legal aid service or 10 specified legal service provided to that person:”.
Regulations Section 114(1) is amended by inserting the following para- graph after paragraph (e): “(ea) prescribing the amount of the user charge, including 15 different amounts for user charges relating to different classes of proceeding:”.
Section 114(1) is amended by repealing paragraph (k) and sub- stituting the following paragraph: “(k) prescribing the way or ways in which the interest under 20 section 40 is to be calculated and, in particular and without limitation, the periods during which interest accrues, and the circum- stances in which, and the intervals at which, interest is compounded:”.
the rate or rates of interest, 25 Section 114(1) is amended by repealing paragraph (w) and substituting the following paragraph: “(w) prescribing the time frame or time frames in which claims for payment for legal aid services or specified legal services may be made, and different time frames 30 may be prescribed for different classes, stages, or levels of complexity of services provided:”.

Section 114(2) is amended by inserting “including the calcu- lation of interest,” after “calculating amounts,”.
Section 114(5) to (7) are repealed.

35 17 18 19 (1) (2) (3) (4) (5) 14 Legal Assistance (Sustainability) Amendment Bill Part 1 cl 23 20 21 22 Schedule 1 amended Clause 3(1)(c) of Schedule 1 is repealed.

New Schedule 1A inserted The Schedule 1A set out in the Schedule of this Act is inserted after Schedule 1.
5 Schedule 3 amended Schedule 3 is amended by repealing clause 24 and substituting the following clause: “24 Vacation of office “(1) The Review Authority may at any time be removed from office 10 by the Minister for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister.

“(2) The Review Authority may at any time resign by written notice to the Minister.
15 “(3) The Review Authority ceases to hold office if he or she is ad- judged bankrupt under the Insolvency Act 2006.” 23 (1) Transitional provision In this section, amendment includes a textual change to a pro- vision, the substitution or insertion of a new provision, or the 20 repeal of a provision.

(2) An application for legal aid received by the Commissioner be- fore an amendment to the principal Act by this Act comes into force must be considered and determined as if the amendment had not been made.
25 (3) An amendment to the principal Act by this Act does not af- fect the administration of a grant of legal aid made before the amendment comes into force and the grant must be adminis- tered as if the amendment had not been made.

(4) Despite subsection (3), the amendment made by section 12 30 applies to grants of legal aid made before the commencement of that section.
15 Part 2 cl 24 Legal Assistance (Sustainability) Amendment Bill Part 2 Amendments to other Acts Subpart 1—Care of Children Act 2004 24 Principal Act amended This subpart amends the Care of Children Act 2004.

5 25 (1) Lawyer to act for child Section 7(1) is amended by inserting “who is eligible for ap- pointment” after “lawyer”.
(2) Section 7 is amended by adding the following subsections: “(5) For the purposes of subsection (1), a lawyer is eligible for ap- 10 pointment if the lawyer is approved under section 77(1) of the Legal Services Act 2011 (as applied by subsection (6)) to provide the service of acting for a child under this section.
“(6) Sections 75 to 88, 91, 101 to 105, and 112 of the Legal Ser- vices Act 2011 apply, with all necessary modifications, to any 15 lawyer who is, or is to be, appointed under subsection (1) as if references in any of those sections— “(a) to a specified legal service included a reference to acting for a child under subsection (1); and to a provider included a reference to a lawyer acting for 20 a child under subsection (1).” “(b) 26 Costs of court-appointed counsel Section 131 is amended by repealing subsection (4) and sub- stituting the following subsections: “(4) Despite subsection (1), the court may, if it thinks it is appropri- 25 ate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of any fees and expenses that relate to an appointment under section 130(1) and have been paid under that subsection.
“(5) Despite subsection (1), where in any proceedings, other than 30 an application under section 105 or 111, a lawyer has been appointed under section 7(1) and the fees and expenses relat- ing to that appointment have been paid under subsection (1), the court must make an order under section 131A, unless the court declines to do so in accordance with that section.
35 16 Legal Assistance (Sustainability) Amendment Bill Part 2 cl 27 “(6) However, no order under section 131A may be made against the Crown, whether acting through the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 or otherwise.” 27 New sections 131A to 131C inserted The following sections are inserted after section 131: “131A Order requiring refund of payments in respect of lawyer 5 acting for child “(1) An order referred to in section 131(5) must order the parties to refund to the Crown the prescribed proportion of the amount 10 paid by the Crown, under section 131(1)(b), in respect of the appointment of a lawyer appointed under section 7(1).
“(2) Each party must pay an equal share of the prescribed propor- tion.

“(3) Despite subsection (1), the court may decline to make an 15 order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.
“(4) Despite subsection (2), if the court is satisfied that, in view “(5) “(6) of the circumstances of the case, including the conduct of any 20 party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.

If the court substitutes another amount under subsection (4), 25 the court must give written reasons for doing so.
In this section,— “dependent child, in relation to a party, means a child— “(a) whose care is primarily the responsibility of the party; and 30 “(b) who is maintained as a member of that party’s family; and “(c) who is financially dependent on that party “prescribed proportion means the proportion that is pre- scribed by regulations made under section 147 for the 35 purposes of this section 17 Part 2 cl 27 Legal Assistance (Sustainability) Amendment Bill “serious hardship, in relation to a party or a dependent child of a party,— “(a) includes significant financial difficulties that arise be- cause of— “(i) the party’s inability to meet minimum living ex- 5 penses according to normal community stand- ards; or the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or 10 “(ii) “(iii) a serious illness suffered by the party or by a “(iv) dependent child of the party; or the cost of education for a dependent child of the party: “(b) does not include significant financial difficulties that 15 arise because— “(i) the social activities and entertainment of the party or those of a dependent child of the party may be limited; or the party is unable to afford goods or services 20 that are expensive or of a high quality or standard according to normal community standards.
“(ii) “131B Enforcement of orders to refund fees and expenses of court-appointed lawyers “(1) The amount that a party is ordered to refund under section 25 131(4) or 131A is a debt due to the Crown by that party and may be enforced in a District Court or the High Court, as the case may require, in the same manner as a judgment of that court.
“(2) Despite section 113 or 123 of the District Courts Act 1947 30 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable— “(a) “(b) must be paid to the Registrar of the court out of any is to be added to the amount sought to be enforced ; and 35 proceeds that result from the enforcement.
18 Legal Assistance (Sustainability) Amendment Bill Part 2 cl 29 “131C Time for payment of orders to refund fees and expenses “(1) of court-appointed lawyers may be extended If an amount that a party is ordered to refund under section 131(4) or 131A is outstanding, the Registrar may enter into an arrangement with the party to allow for either or both of 5 the following: “(a) a greater time for payment: “(b) payment to be made by instalments.
“(2) No arrangement under subsection (1) may permit an amount to remain unpaid for more than 5 years after the date on which 10 the arrangement is entered into.

“(3) No action to enforce an amount that is the subject of an ar- rangement under this section may be taken as long as the ar- rangement continues in force and is duly observed.
If an amount may be paid by instalments and default is made 15 in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.” “(4) 28 29 (1) Regulations Section 147(2) is amended by inserting the following para- 20 graph after paragraph (c): “(ca) prescribing, for the purposes of section 131A, the pro- portion of any amount paid by the Crown under section 131(1)(b):”.
Transitional provisions relating to eligibility of lawyers to act for child Section 7 of the principal Act, as amended by section 25 of this Act, applies to proceedings commenced before or after the commencement of section 25.
25 (2) A lawyer who, immediately before the commencement of sec- 30 tion 25 was, in accordance with the practice of the Family Court, eligible for appointment under section 7(1) of the prin- cipal Act continues to be so eligible for a period of 6 months after that commencement, even though the lawyer has not been approved under section 77(1) of the Legal Services Act 2011.
35 19 Part 2 cl 30 Legal Assistance (Sustainability) Amendment Bill (3) 30 (1) (2) If a person to whom subsection (2) applies makes an applica- tion, within the 6-month period referred to in that subsection, for approval to provide the service of acting for a child under section 7 of the principal Act, the eligibility conferred by sub- section (2) continues until the Secretary for Justice decides 5 the application.
Transitional provisions relating to reimbursement of costs of court-appointed counsel Section 131(4) of the principal Act, as in force before the com- mencement of section 26 of this Act, continues to apply to 10 proceedings commenced before the commencement of sec- tion 26.
This subsection applies to— (a) any order made under section 131(4) of the principal Act as in force before the commencement of section 15 26 of this Act, but only if, before that commencement, no steps had been taken to enforce that order; and any order made, after that commencement, under sec- tion 131(4) of the principal Act as continued by sub- section (1).
(b) 20 (3) Despite subsection (1), in relation to any orders to which subsection (2) applies, section 131(4) of the principal Act, as continued by subsection (1), must be read as if for the words “, by order of a District Court or the High Court as the case may require, in the same manner as a judgment of that 25 Court” there were substituted the words “in a District Court or the High Court, as the case may require, in the same manner as a judgment of that court”.
Sections 131A and 131B(1) of the principal Act, as inserted by section 27 of this Act do not apply to proceedings com- 30 menced before the commencement of section 27.

Sections 131B(2) and 131C, as inserted by section 27 of this Act, apply, with any necessary modifications, to any orders to which subsection (2) applies.
(5) (4) 20 Legal Assistance (Sustainability) Amendment Bill Part 2 cl 33 31 32 (1) “(1) Subpart 2—Child Support Act 1991 Principal Act amended This subpart amends the Child Support Act 1991.
Appointment of barrister or solicitor to assist court or represent children Section 226 is amended by repealing subsection (1) and sub- stituting the following subsection: In any proceeding under this Act (not being criminal proceed- ings) a court may, if the court is satisfied that it is necessary or desirable to do so,— “(a) “(b) appoint a barrister or solicitor to assist the court; or appoint a barrister or solicitor who is eligible for ap- pointment to represent any child who is the subject of or who is otherwise a party to the proceeding.” (2) Section 226(6) is repealed.
5 10 15 33 New sections 226A to 226E inserted The following sections are inserted after section 226: “226A Eligibility for appointment as lawyer to represent children “(1) For the purposes of section 226(1)(b), a barrister or solicitor 20 is eligible for appointment if the barrister or solicitor is ap- proved under section 77(1) of the Legal Services Act 2011 (as applied by subsection (2) of this section) to provide the ser- vice of representing a child under this section.
“(2) Sections 75 to 88, 91, 101 to 105, and 112 of the Legal Ser- 25 vices Act 2011 apply, with all necessary modifications, to any lawyer who is, or is to be, appointed under section 226(1) of this Act as if references in any of those sections— “(a) to a specified legal service included a reference to rep- resenting a child under section 226(1); and to a provider included a reference to a barrister or so- licitor representing a child under section 226(1).
“(b) 30 “226B Costs of Court-appointed barrister or solicitor “(1) Despite section 226(3), where any fees and expenses have been paid under that subsection that relate to an appointment 35 21 Part 2 cl 33 Legal Assistance (Sustainability) Amendment Bill under section 226(1)(a), the court may, if it thinks it is appro- priate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of those fees and ex- penses.
“(2) Despite section 226(3), where any fees and expenses have 5 been paid under that subsection that relate to an appointment under section 226(1)(b), the court must make an order under section 226C, unless the court declines to do so in accord- ance with that section.

“(3) However, no order under section 226C may be made against 10 the Crown, whether acting through the department for the time being responsible for the administration of this Act or other- wise.
“226C Order requiring refund of payments in respect of barrister or solicitor representing child “(1) An order referred to in section 226B(2) must order the par- ties to refund to the Crown the prescribed proportion of the amount paid by the Crown, under section 226(3), in respect of the appointment of the barrister or solicitor under section 226(1)(b).

“(2) Each party must pay an equal share of the prescribed propor- 15 20 tion.
“(3) Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the 25 party.
“(4) Despite subsection (2), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court 30 may substitute, for that party, a different amount not exceeding the prescribed proportion.

If the court substitutes another amount under subsection (4), the court must give written reasons for doing so.
In this section,— “(5) “(6) 35 22 Legal Assistance (Sustainability) Amendment Bill Part 2 cl 33 “dependent child, in relation to a party, means a child— “(a) whose care is primarily the responsibility of the party; and “(b) who is maintained as a member of that party’s family; and “(c) who is financially dependent on that party “prescribed proportion means the same proportion that is prescribed by regulations made under section 147 of the Care of Children Act 2004 for the purposes of section 131A of that Act “serious hardship, in relation to a party or a dependent child of a party, has the same meaning as in section 135G(3).
5 10 “226D Enforcement of orders to refund fees and expenses of court-appointed barristers or solicitors “(1) The amount that a party is ordered to refund under section 15 226B(1) or 226C is a debt due to the Crown by that party and may be enforced in the same manner as a judgment given by the District Court in any civil proceeding.
“(2) Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is 20 payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1), but the fee that would otherwise be payable— “(a) is to be added to the amount sought to be enforced; and “(b) must be paid to the Registrar of the court out of any 25 proceeds that result from the enforcement.
“(1) “226E Time for payment of orders to refund fees and expenses of court-appointed barristers or solicitors may be extended If an amount that a party is ordered to refund under section 30 226B(1) or 226C is outstanding, the Registrar may enter into an arrangement with the party to allow for either or both of the following: “(a) a greater time for payment: “(b) payment to be made by instalments.
35 23 Part 2 cl 34 Legal Assistance (Sustainability) Amendment Bill “(2) No arrangement under subsection (1) may permit an amount to remain unpaid for more than 5 years after the date on which the arrangement is entered into.

“(3) No action to enforce an amount that is the subject of an ar- “(4) rangement under this section may be taken as long as the ar- 5 rangement continues in force and is duly observed.
If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.” 10 34 Costs Section 232 is amended by adding the following subsection as subsection (2): “(2) This section is subject to sections 226A(1) and 226B.” 35 (1) Transitional provisions relating to eligibility of lawyers to represent children Section 226(1) of the principal Act, as substituted by sec- tion 32 of this Act, applies to proceedings commenced before or after the commencement of section 32.
15 (2) A barrister or solicitor who, immediately before the com- 20 mencement of section 32 of this Act was, in accordance with the practice of the Family Court, eligible for appointment under section 226(1)(b) of the principal Act continues to be so eligible for a period of 6 months after that commencement, even though the lawyer has not been approved under section 25 77(1) of the Legal Services Act 2011.
If a person to whom subsection (2) applies makes an applica- tion, within the 6-month period referred to in that subsection, for approval to provide the service of representing children under section 226(1)(b) of the principal Act, the eligibility 30 conferred by subsection (2) continues until the Secretary for Justice decides the application.
(3) 24 Legal Assistance (Sustainability) Amendment Bill Part 2 cl 38 36 (1) (2) (3) Transitional provisions relating to reimbursement of costs of court-appointed counsel Section 226(6) of the principal Act, as in force before the com- mencement of section 32 of this Act, continues to apply to proceedings commenced before the commencement of sec- 5 tion 32.
Sections 226B to 226D(1) of the principal Act, as inserted by section 33 of this Act do not apply to proceedings com- menced before the commencement of section 33.

Sections 226D(2) and 226E of the principal Act, as inserted 10 by section 33 of this Act, apply, with any necessary modifica- tions, to proceedings commenced before the commencement of section 33.
Subpart 3—Children, Young Persons, and Their Families Act 1989 37 Principal Act amended This subpart amends the Children, Young Persons, and Their Families Act 1989.

38 (1) (2) Appointment of barrister or solicitor to represent child or young person Section 159(1) is amended by inserting “who is eligible for appointment” after “appoint a barrister or solicitor”.
Section 159(2) is amended by omitting “appoints a barrister or solicitor” and substituting “appoints from the barristers and solicitors eligible for appointment appoint one”.

Section 159(3)(b) is amended by inserting “who is eligible for appointment” after “other barrister or solicitor”.
(4) Section 159 is amended by adding the following subsections: “(4) For the purposes of this section, a barrister or solicitor is eli- (3) 15 20 25 gible for appointment if the barrister or solicitor is approved 30 under section 77(1) of the Legal Services Act 2011 (as applied by subsection (5)) to provide the service of representing a child or young person under this section.
“(5) Sections 75 to 88, 91, 101 to 105, and 112 of the Legal Ser- vices Act 2011 apply, with all necessary modifications, to any 35 25 Part 2 cl 39 Legal Assistance (Sustainability) Amendment Bill barrister or solicitor who is, or is to be, appointed under this section as if references in any of those sections— “(a) to a specified legal service included a reference to repre- senting a child or young person under this section; and to a provider included a reference to a barrister or so- 5 licitor representing a child or young person under this section.” “(b) 39 (3) (1) (2) Appointment of youth advocate to represent child or young person Section 323(1) is amended by inserting “who is eligible for 10 appointment” after “appoint a barrister or solicitor”.
Section 323(2) is amended by omitting “appoint a barrister or solicitor” and substituting “from the barristers and solicitors eligible for appointment appoint one” Section 323(3) is amended by inserting “, if he or she is eligible 15 for appointment,” after “appoint that Youth Advocate”.
(4) Section 323 is amended by adding the following subsections: “(4) For the purposes of this section, a barrister or solicitor is eli- gible for appointment if the barrister or solicitor is approved under section 77(1) of the Legal Services Act 2011 (as applied 20 by subsection (5)) to provide the service of representing a child or young person under this section.
“(5) Sections 75 to 88, 91, 101 to 105, and 112 of the Legal Ser- vices Act 2011 apply, with all necessary modifications, to any barrister or solicitor who is, or is to be, appointed under this 25 section as if references in any of those sections— “(a) to a specified legal service included a reference to repre- senting a child or young person under this section; and to a provider included a reference to a barrister or so- licitor representing a child or young person under this 30 section.” “(b) Transitional provisions relating to eligibility of barristers or solicitors to represent child or young person Section 159 of the principal Act, as amended by section 38 of this Act, applies to proceedings commenced before or after 35 the commencement of section 38.
40 (1) 26 (4) 41 42 (1) Legal Assistance (Sustainability) Amendment Bill Part 2 cl 42 (2) Section 323 of the principal Act, as amended by section 39 of this Act, applies to proceedings commenced before or after the commencement of section 39 of this Act.
(3) A barrister or solicitor who, immediately before the com- in accordance with the 5 mencement of section 38 was, practice of the Family Court or the Youth Court, as the case requires, eligible for appointment under section 159 or 323 of the principal Act continues to be so eligible for a period of 6 months after that commencement, even though the barrister or solicitor has not been approved under section 77(1) of the 10 Legal Services Act 2011.
If a person to whom subsection (3) applies makes an applica- tion, within the 6-month period referred to in that subsection, for approval to provide the service of representing children or young persons under section 159 or 323 of the principal Act, 15 the eligibility conferred by subsection (3) continues until the Secretary for Justice decides the application.

Subpart 4—Domestic Violence Act 1995 Principal Act amended This subpart amends the Domestic Violence Act 1995.
Court may appoint lawyer Section 81 is amended by inserting the following subsection after subsection (1): “(1A) A lawyer appointed, under subsection (1)(b), to represent a child must be eligible for appointment.” Section 81 is amended by adding the following subsections: (2) “(6) For the purposes of subsection (1A), a lawyer is eligible for appointment if the lawyer is approved under section 77(1) of the Legal Services Act 2011 (as applied by subsection (7)) to provide the service of representing a child under this section.
“(7) Sections 75 to 88, 91, 101 to 105, and 112 of the Legal Ser- vices Act 2011 apply, with all necessary modifications, to any lawyer who is, or is to be, appointed under this section as if references in any of those sections— “(a) to a specified legal service included a reference to rep- 35 resenting a child under this section; and 20 25 30 27 Part 2 cl 43 Legal Assistance (Sustainability) Amendment Bill “(b) to a provider included a reference to a lawyer represent- ing a child under this section.” 43 (1) Transitional provisions relating to eligibility of lawyers to represent children Section 81 of the principal Act, as amended by section 42 5 of this Act, applies to proceedings commenced before or after the commencement of section 42 of this Act.
(2) A lawyer who, immediately before the commencement of sec- tion 42 was, in accordance with the practice of the Fam- ily Court, eligible for appointment under section 81(1)(b) of 10 the principal Act continues to be so eligible for a period of 6 months after that commencement, even though the lawyer has not been approved under section 77(1) of the Legal Services Act 2011.
If a person to whom subsection (2) applies makes an appli- 15 cation, within the 6-month period referred to in that subsec- tion, for approval to provide the service of representing chil- dren under section 81(1)(b) of the principal Act, the eligibility conferred by subsection (2) continues until the Secretary for Justice decides the application.

(3) 20 44 45 (1) “(1) Subpart 5—Family Proceedings Act 1980 Principal Act amended This subpart amends the Family Proceedings Act 1980.
Appointment of barrister or solicitor to assist Court or represent children Section 162 is amended by repealing subsection (1) and sub- stituting the following subsection: In any proceeding under this Act (not being criminal proceed- ings) a Court may, if the Court is satisfied that it is necessary or desirable to do so,— “(a) “(b) appoint a barrister or solicitor to assist the Court; or appoint a barrister or solicitor who is eligible for ap- pointment to represent any child who is the subject of or who is otherwise a party to the proceeding.” (2) Section 162(6) is repealed.
28 25 30 35 Legal Assistance (Sustainability) Amendment Bill Part 2 cl 46 46 New sections 162A to 162E inserted The following sections are inserted after section 162: “162A Eligibility for appointment as barrister or solicitor to represent child “(1) For the purposes of section 162(1)(b), a barrister or solicitor 5 is eligible for appointment if the barrister or solicitor is ap- proved under section 77(1) of the Legal Services Act 2011 (as applied by subsection (2) of this section) to provide the ser- vice of representing a child under this section.
“(2) Sections 75 to 88, 91, 101 to 105, and 112 of the Legal Services 10 Act 2011 apply, with all necessary modifications, to any bar- rister or solicitor who is, or is to be, appointed under section 162(1) of this Act as if references in any of those sections— to a specified legal service included a reference to rep- “(a) resenting a child under subsection (1); and to a provider included a reference to a barrister or so- licitor representing a child under subsection (1).
“(b) 15 “162B Costs of Court-appointed barrister or solicitor “(1) Despite section 162(3), where any fees and expenses have been paid under that subsection that relate to an appointment 20 under section 162(1)(a), the Court may, if it thinks it is ap- propriate, order a party to the proceedings to refund to the Crown an amount the Court specifies in respect of those fees and expenses.
“(2) Despite section 162(3), where any fees and expenses have 25 been paid under that subsection that relate to an appointment under section 162(1)(b), the Court must make an order under section 162B, unless the Court declines to do so in accord- ance with that section.
“162C Order requiring refund of payments in respect of 30 barrister or solicitor representing child “(1) An order referred to in section 162B(2) must order the par- ties to refund to the Crown the prescribed proportion of the amount paid by the Crown, under section 162(3), in respect of the appointment of the barrister or solicitor under section 35 162(1)(b).

29 Part 2 cl 46 Legal Assistance (Sustainability) Amendment Bill “(2) Each party must pay an equal share of the prescribed propor- tion.
“(3) Despite subsection (1), the Court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the 5 party.
“(4) Despite subsection (2), if the Court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the Court 10 may substitute, for that party, a different amount not exceeding the prescribed proportion.

If the Court substitutes another amount under subsection (4), the Court must give written reasons for doing so.
In this section,— “dependent child, in relation to a party, means a child— “(a) whose care is primarily the responsibility of the party; “(5) “(6) 15 20 25 and “(b) who is maintained as a member of that party’s family; and “(c) who is financially dependent on that party “prescribed proportion means the same proportion that is prescribed by regulations made under section 147 of the Care of Children Act 2004 for the purposes of section 131A of that Act “serious hardship, in relation to a party or a dependent child of the party,— “(a) includes significant financial difficulties that arise be- cause of— “(i) the party’s inability to meet minimum living ex- 30 penses according to normal community stand- ards; or the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or 35 “(ii) “(iii) a serious illness suffered by the party or by a dependent child of the party; or 30 Legal Assistance (Sustainability) Amendment Bill Part 2 cl 46 “(iv) the cost of education for a dependent child of the party: “(b) does not include significant financial difficulties that arise because— “(i) the social activities and entertainment of the 5 party or those of a dependent child of the party may be limited; or the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
10 “(ii) “162D Enforcement of orders to refund fees and expenses of Court-appointed barristers or solicitors “(1) The amount that a party is ordered to refund under section 162B(1) or 162C is a debt due to the Crown by that party and may be enforced in a District Court or the High Court, as the 15 case may require, in the same manner as a judgment of that Court.
“(2) Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no Court fee is payable by a person who seeks to enforce, on behalf of the 20 Crown, an order referred to in subsection (1), but the fee that would otherwise be payable— “(a) is to be added to the amount sought to be enforced; and “(b) must be paid to the Registrar of the Court out of any proceeds that result from the enforcement.
25 “(1) “162E Time for payment of orders to refund fees and expenses of Court-appointed barristers or solicitors may be extended If an amount that a party is ordered to refund under section 162B(1) or 162C is outstanding, the Registrar may enter into 30 an arrangement with the party to allow for either or both of the following: “(a) a greater time for payment: “(b) payment to be made by instalments.
“(2) No arrangement under subsection (1) may permit an amount 35 to remain unpaid for more than 5 years after the date on which the arrangement is entered into.

31 Part 2 cl 47 Legal Assistance (Sustainability) Amendment Bill “(3) No action to enforce an amount that is the subject of an ar- rangement under this section may be taken as long as the ar- rangement continues in force and is duly observed.
If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken 5 against the person in default as if default had been made in the payment of all instalments then remaining unpaid.” “(4) 47 (1) Transitional provisions relating to eligibility of barristers or solicitors to represent child Section 162(1)(b) of the principal Act, as substituted by sec- 10 tion 45 of this Act, applies to proceedings commenced before or after the commencement of section 45 of this Act.
(2) A barrister or solicitor who, immediately before the com- mencement of section 45 of this Act was, in accordance with the practice of the Family Court, eligible for appointment 15 under section 162(1)(b) of the principal Act continues to be so eligible for a period of 6 months after that commencement, even though the barrister or solicitor has not been approved under section 77(1) of the Legal Services Act 2011.
If a person to whom subsection (2) applies makes an applica- 20 tion, within the 6-month period referred to in that subsection, for approval to provide the service of representing children under section 162(1)(b) of the principal Act, as substituted by section 45 of this Act, the eligibility conferred by sub- section (2) continues until the Secretary for Justice decides 25 the application.
(3) Transitional provisions relating to reimbursement of costs of court-appointed counsel Section 162(6) of the principal Act, as in force immediately be- fore the commencement of section 45 of this Act, continues 30 to apply to proceedings commenced before that commence- ment.
This subsection applies to— (a) any order made under section 162(6) of the principal Act as in force before the commencement of section 35 48 (1) (2) 32 Legal Assistance (Sustainability) Amendment Bill Part 2 cl 51 (b) 45 of this Act, but only if, before that commencement, no steps had been taken to enforce that order; and any order made, after that commencement, under sec- tion 162(6) of the principal Act as continued by sub- section (1).
5 (3) Despite subsection (1), in relation to any orders to which subsection (2) applies, section 162(6) of the principal Act, as continued by subsection (1), must be read as if for the words “, by order of a District Court or the High Court as the case may require, in the same manner as a judgment of that 10 Court” there were substituted the words “in a District Court or the High Court, as the case may require, in the same manner as a judgment of that Court”.
Sections 162B, 162C, and 162D(1) of the principal Act as enacted by section 46 of this Act do not apply to proceedings 15 commenced before the commencement of section 46.

Sections 162D(2) and 162E of the principal Act, as enacted by section 46 of this Act, apply, with any necessary modifi- cations, to any orders to which subsection (2) applies.

(4) (5) Subpart 6—Property (Relationships) Act 1976 20 Principal Act amended This subpart amends the Property (Relationships) Act 1976.
Court may appoint lawyer for children Section 37A(1) is amended by inserting “who is eligible for 25 appointment” after “appoint a lawyer.” Section 37A(3) and (4) are repealed.
49 50 (1) (2) 51 New section 37B inserted The following section is inserted after section 37A: “37B Eligibility for appointment as lawyer to represent minor 30 or dependent children “(1) For the purposes of section 37A(1), a lawyer is eligible for appointment if the lawyer is approved under section 77(1) of the Legal Services Act 2011 (as applied by subsection (2) of 33 Part 2 cl 52 Legal Assistance (Sustainability) Amendment Bill this section) to provide the service of representing any minor or dependent children under this section.
“(2) Sections 75 to 88, 91, 101 to 105, and 112 of the Legal Ser- vices Act 2011 apply, with all necessary modifications, to any lawyer who is, or is to be, appointed under section 37A(1) as 5 if references in any of those sections— “(a) to a specified legal service included a reference to repre- senting any minor or dependent children under section 37A; and to a provider included a reference to a lawyer repre- 10 senting any minor or dependent children under section 37A.” “(b) 52 (1) Transitional provisions relating to eligibility of lawyers to represent minors or children Section 37A(1) of the principal Act, as amended by section 15 50 of this Act, applies to proceedings commenced before or after the commencement of section 50 of this Act.
(2) A lawyer who, immediately before the commencement of sec- tion 50 of this Act was, in accordance with the practice of the Family Court, eligible for appointment under section 37A(1) 20 of the principal Act continues to be so eligible for a period of 6 months after that commencement, even though the lawyer has not been approved under section 77(1) of the Legal Services Act 2011.
If a person to whom subsection (2) applies makes an applica- 25 tion, within the 6-month period referred to in that subsection, for approval to provide the service of representing minors or children under section 37A(1) of the principal Act, the eligibil- ity conferred by subsection (2) continues until the Secretary for Justice decides the application.
(3) 30 Transitional provisions relating to reimbursement of costs of court-appointed counsel Section 37A(3) and (4) of the principal Act, as in force before the commencement of section 50 of this Act, continue to apply to proceedings commenced before the commencement 35 of section 50.
53 (1) 34 Legal Assistance (Sustainability) Amendment Bill Part 2 cl 53 (2) This subsection applies to— (a) any order made under section 37A(3) of the principal Act as in force before the commencement of section 50, but only if, before that commencement, no steps had been taken to enforce that order; and any order made, after that commencement, under sec- tion 37A(3) of the principal Act as continued by sub- section (1).
5 (b) (3) Despite subsection (1), in relation to any orders to which subsection (2) applies, section 37A(4) of the principal Act, 10 as continued by subsection (1), must be read as if for the words “by order of the Court in the same manner as a judgment of that Court” there were substituted the words “in the same manner as a judgment of the Court”.
35 Schedule Legal Assistance (Sustainability) Amendment Bill Schedule New Schedule 1A inserted Schedule 1A Civil matters in respect of which legal aid is available, conditionally available, or excluded Available matters s 21 s 7 5 15 10 (c) (f) (g) (d) (e) Legal aid is available in respect of the following civil matters: civil proceedings in a District Court or a Family Court: (a) civil proceedings in the High Court, the Court of Ap- (b) peal, or the Supreme Court: proceedings commenced by way of application in a Youth Court under Part 7 of the Children, Young Per- sons, and Their Families Act 1989 or in respect of any review of any determination of, or any order made in, a Youth Court in any such proceedings: proceedings before the Waitangi Tribunal: proceedings before the Social Security Appeal Author- ity: proceedings before the Tenancy Tribunal: proceedings before a body established under section 20 63(1)(a)(i) of the Housing Restructuring and Tenancy Matters Act 1992 to hear appeals under section 62 of that Act: proceedings before the Immigration and Protection Tri- bunal, as established by the Immigration Act 2009, in 25 respect of appeals against decisions to decline to grant recognition as a refugee or a protected person, or de- cisions to cease to recognise a person as a refugee or a protected person, as provided in sections 194(1) and 195 of that Act, or against liability for deportation aris- 30 ing under section 162 of that Act: the processing, under Part 5 of the Immigration Act 2009, of any claim
 for recognition as a refugee or a pro- tected person: any proceedings before the District Court or the High 35 Court following an application made under section 316 or 324 of the Immigration Act 2009: (h) (i) (j) 1 36 Legal Assistance (Sustainability) Amendment Bill Schedule Schedule 1A—continued (k) (l) any appeal or review proceedings (as defined in section 4 of the Immigration Act 2009) in respect of proceed- ings or matters to which paragraph (h) or (i) applies: any proceedings or application under or
 in relation to the Immigration Act 1987 for which legal aid could 5 have been granted under any of paragraphs (j), (k), (l), and (m) of section 7(1) of the Legal Services Act 2000 as in force before their repeal by the Immigration Act 2009: (m) without prejudice to any other provision of this sched- 10 ule, all applications, submissions, and appeals under the Resource Management Act 1991 or to the Environment Court under any other Act: (n) without prejudice to any other provision of this sched- ule, all applications, submissions, and appeals to any 15 council or body in any case where an appeal in relation to its decision lies to the Environment Court: proceedings before the tribunal under the Weathertight Homes Resolution Services Act 2006: proceedings before a Tribunal under subpart 2 of Part 20 2 of the Prisoners’ and Victims’ Claims Act 2005 in respect of 1 or more victims’ claims under that subpart.
(o) (p) Conditionally available matters or excluded matters Despite clause 1, but subject to clause 5(e), legal aid is not 25 available in proceedings under Part 4 of the Family Proceed- ings Act 1980 (which relates to proceedings relating to the sta- tus of marriage or civil union) unless the Commissioner is of the opinion— (a) that the unusual complexity of the case requires that the 30 applicant be legally represented; or that the applicant would suffer substantial hardship if aid were not granted.
(b) 2 3 In any case where the Commissioner considers that the case is one that requires legal representation (having regard to the 35 37 Schedule Legal Assistance (Sustainability) Amendment Bill Schedule 1A—continued nature of the proceedings and to the applicant’s personal inter- est) and considers that the applicant would suffer substantial hardship if legal aid were not granted, legal aid is available in respect of proceedings in— (a) (b) (c) (d) (e) the Māori Land Court: the Māori Appellate Court: the Employment Court: the Employment Relations Authority: an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)) but only if the grant of legal aid is for the representation of a victim who may appear as of right or with the board’s leave: any other administrative tribunal or judicial authority (not being a tribunal or an authority from which an ap- peal lies to any body referred to in any of clause 1(d) to (h)).
(f) (g) 5 10 15 Legal aid is available in respect of appeals to the Judicial Com- 20 mittee of the Privy Council in civil proceedings in any case where— (a) the applicant has succeeded in the Court of Appeal and is the respondent in the appeal to the Privy Council, if the grant of aid is approved by the Minister; or the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of aid is desirable in the public interest.
(b) Despite clause 1, legal aid is not available in any of the fol- lowing proceedings: relator actions: (a) election petitions under the Electoral Act 1993: (b) petitions for inquiry under the Local Electoral Act 2001: (c) proceedings incidental to any proceedings mentioned in (d) any of paragraphs (a) to (c): 25 30 35 4 5 38 Legal Assistance (Sustainability) Amendment Bill Schedule Schedule 1A—continued proceedings under section 37 of the Family Proceedings Act 1980 (which relates to the dissolution of marriage or civil union) or appeals in proceedings under that sec- tion: any appeal to the Immigration and Protection Tribunal 5 against a decision concerning a residence class visa under section 187 of the Immigration Act 2009 (or any appeal to the Residence Review Board under section 18C of the Immigration Act 1987): any appeal to the Immigration and Protection Tribunal 10 on humanitarian grounds against liability for deport- ation by a person liable for deportation under section 154 of the Immigration Act 2009 (or any appeal to the Removal Review Authority under Part 2 of the Immi- gration Act 1987): proceedings before a Commission of Inquiry under the Commissions of Inquiry Act 1908 (other than a Com- mission of Inquiry established or appointed by or under another enactment but deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908).
15 20 (e) (f) (g) (h) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2011 39