Make an application
Make an application
This section covers the following:
- Before you apply
- What information should I include with my application?
- Where can I get help with my application?
- Application forms
- Legal aid provider applications
Before you apply
If you are:
- applying for legal aid, or
- receiving legal aid
you need to ask the Legal Services Commissioner to reconsider his or her decision before you apply to the Tribunal. If you are not happy with the outcome you can apply to the Tribunal.
If you are:
- seeking costs from a legally aided person
you do not need to ask the Legal Services Commissioner to reconsider his or her decision. You can apply immediately to the Tribunal for a review.
Decide which decisions you are asking to be reviewed.
You can ask the Legal Aid Tribunal to review more than one decision, or different parts of the Legal Services Commissioner’s decision relating to:
- applications for legal aid, including declining an application
- the maximum level of legal aid granted
- the amount that is to be repaid by someone granted legal aid
- the conditions placed on a grant
- stopping, or changing a grant
- a charge, or security, placed on property owned by someone granted legal aid
- enforcement of any condition on a grant
- payment of costs awarded to an opponent in a civil case.
Make sure you have electronic copies of documents, including the Commissioner’s decision, if you are applying online.
If you are applying online you will need to have an electronic copy of the decision you want reviewed and electronic copies of any other information you want to provide to the Tribunal. All documents must be in English.
What information should I include with my application?
In your application you need to explain why the Commissioner’s decision is “manifestly unreasonable”, “wrong in law”, or both of these things. You should provide documents, or other evidence, to support your application but you cannot send the Tribunal any information that was not given to the Commissioner at the time the decision was made.
Where can I get help with my application?
You may be able to get help from:
- your legal aid provider (who may be a lawyer or advocate)
- your local community law centre (www.communitylaw.org.nz)
- your local Citizen Advice Bureau (www.cab.org.nz)
Application forms
There are two ways to apply using the Application for Review (PDF, 1.6 Mb) form:
- By email: open and complete the editable form, save, and email it to the Tribunal. Email address details are on the form.
- By post: open and print the form, complete by hand and post it to the Tribunal. Postal address details are on the form.
Legal aid provider applications
If you are:
- a provider, or
- a former listed provider
you may apply to the Tribunal for a review of a decision relating to the amount payable by the former Legal Services Agency for any legal aid services performed under the 2000 Act.
Applications must be made after 1 August 2011 and need to be lodged within 20 working days from the date the decision is given. Late applications may be accepted, in exceptional circumstances, for a period of up to three months, at the sole discretion of the Chair of the Legal Aid Tribunal.
To apply:
Download the Application for Review (amount payable to a provider) (PDF, 211 Kb) form, complete, and either:
- scan and email it to the Tribunal, or
- post it to the Tribunal.
Email and postal address details are on the form.
