Legal Services Amendment Act 2009

1: Title
This Act is the Legal Services Amendment Act 2009.
2: Commencement
This Act comes into force on the date immediately after the expiry of the period of 2 months that commences on the day on which this Act receives the Royal assent.
3: Principal Act amended
This Act amends the Legal Services Act 2000 2010-02-17 Legal Services Act 2000
1: Amendments to principal Act
4: Interpretation
1: Section 4(1) offender victim
a: means—
i: a person against whom an offence is committed by another person; and
ii: a person who, through, or by means of, an offence committed by another person, suffers physical injury or loss of, or damage to, property; and
iii: a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
iv: a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
b: despite paragraph (a), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
i: that offence; or
ii: an offence relating to the same incident or series of incidents as that crime or offence .
2: Section 4
4: For the purposes of the definitions of offender victim child immediate family incapable offence young person
5: Proceedings for which legal aid may be granted: civil matters
Section 7
1A: To avoid any doubt, subsection (1)(e)(v) applies, without limitation, to the following proceedings:
a: an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; and
b: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)) that concerns an offender and is a hearing at which a victim may appear as of right or with the Board's leave.
6: When legal aid may be granted: civil matters
Section 9(8)
8: Subsections (2) and (4)(a) and (b) do not apply to—
a: applications for legal aid in respect of victims' claims proceedings; or
b: applications for legal aid by a victim in respect of—
i: an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; or
ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)) that concerns an offender and is a hearing at which the victim may appear as of right or with the Board's leave; or
c: applications for legal aid by a person of a class specified in regulations as exempted from the application of subsections (2) and (4)(a) and (b); or
d: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of subsections (2) and (4)(a) and (b).
7: Conditions on grant of legal aid
Section 15(6) ; or
d: applications for legal aid by a victim in respect of—
i: an inquest held by a coroner for the purposes of Part 3 of the Coroners Act 2006; or
ii: a hearing of the New Zealand Parole Board (other than one in a proceeding specified in section 6(c)(i)) that concerns an offender and is a hearing at which the victim may appear as of right or with the Board's leave; or
e: applications for legal aid by a person of a class specified in regulations as exempted from the application of this section; or
f: applications for legal aid in respect of a proceeding of a class specified in regulations as exempted from the application of this section.
8: New section 36A inserted
The following section is inserted after section 36
36A: Agency may decide not to recover debt in certain circumstances
1: The Agency may decide not to recover any debt due to the Agency under a grant of legal aid if—
a: the enforcement of the debt would cause serious hardship to the aided person:
b: the cost to the Agency of enforcing the debt is likely to exceed the amount of the debt that is likely to be repaid:
c: the Agency considers that it would be just and equitable not to recover the debt.
2: The Agency may make a decision under subsection (1)
3: If the Agency decides under subsection (1)
a: the debt must be treated as being written off for the purposes of section 37; and
b: section 37(2) to (5) apply accordingly.
4: In subsection (1) serious hardship
9: Regulations
1: Section 113(1)
oa: exempting, in accordance with subsection (8)
i: section 9(2) and (4)(a) and (b):
ii: section 15: .
2: Section 113
8: No regulations may be made for the purposes of subsection (1)(oa)
a: the proposed exemption is in the public interest:
b: the proposed exemption facilitates access to justice:
c: the proposed exemption is just and equitable in the circumstances.
2: Transitional provisions
10: Transitional provisions
1: In this section, commencement date
2: The provisions of the Legal Services Amendment Act 2009 apply only to applications for legal aid made on or after the commencement date.
3: Section 36A section 8