New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Legal services act ss45 and 46
  • 17 Aug 2015

    Re HANOVER (COSTS) [2015] NZHC 1945

    Citation
    [2015] NZHC 1945
    Court
    High Court

    An order for reimbursement under s135A COCA is distinct from, and not barred by, the s45 Legal Services Act prohibition on costs against aided persons; s135A requires courts to order contributions from parties (including legally aided persons) unless s135A's serious hardship exception or other adjustment applies, and legal aid status is relevant to but not determinative of serious hardship.

    • Section 135a coca reimbursement
    • Lawyer for the child appointment costs
    • Legal aid interaction with costs recovery
    • Serious hardship test
    • Party and party costs
    • Legal services act ss45 and 46