Page updated on: Friday April 23, 2010
Legal aid is the term often used by ordinary people to describe free legal advice and assistance provided by the state. This aid can take a range of different forms and different rules attach to the different forms of aid and assistance. Most free legal assistance is paid for by the Legal Services Agency (the "LSA"). In some cases, those receiving help will have to pay some money to the LSA either by way of an initial contribution before the grant is considered or after the matter is finished. The different types of legal assistance funded through the LSA are:
Detailed information on these schemes can be found at www.lsa.govt.nz
If you've been arrested or are being detained by the Police, you can talk to a lawyer free through the Police Detention Legal Assistance (PDLA) scheme. The Police have a list of the names and phone numbers of lawyers who are available to be contacted, day or night. Ask the Police to show you the list of PDLA lawyers, and then phone a lawyer from the list. If you don’t ask the Police for the list, they don’t have to show it to you.
Usually the lawyer will talk to you over the phone. In some more complicated cases, the lawyer may visit you at the station.
If you’ve been charged with an offence or summonsed you will need to attend court. A duty solicitor is a free lawyer regularly on duty at the courts. They provide legal help to people who have been charged with an offence and don’t have their own lawyer. If you’re in Police custody, the duty solicitor will see you in the cells.
The duty solicitor can
They usually can't represent you after the first day of your case. If you can’t afford a lawyer, you’ll need to apply for legal aid for a lawyer to represent you later on – at a status hearing, the trial, sentencing and any appeals. You can ask for the Duty Solicitor to be your preferred lawyer when you apply for legal aid.
There are two types of legal aid - criminal and civil/family. Legal aid may be available if you cannot afford to pay a lawyer but it acts as a loan - you may have to pay all or some of it back. You don’t have to be a New Zealand citizen or be living here permanently to be eligible for legal aid. The money is paid straight to your lawyer.
Can I choose my legal aid lawyer?
Yes, if the lawyer you choose has a contract with the LSA to do legal aid work for your type of case, and can be at court when necessary. You can check if your preferred lawyer has a contract with the LSA by contacting the local legal aid office or on their website at www.lsa.govt.nz
The LSA will decide who your lawyer will be if you don’t have a preferred lawyer or if your preferred lawyer isn’t available or suitable for your case.
When is criminal legal aid available?
If you've been charged with an offence, legal aid may be available if you cannot afford to pay a lawyer and the offence is serious enough. You need to apply as soon as you've been charged or been sent a court summons. If you already know a lawyer you'd like to represent you, go and see them. The Court Registrar, Duty Solicitor, local Citizens Advice Bureaux and Community Law Centres call all help you fill out an application.
You'll be sent a letter telling you if you've been granted legal aid. If you haven't been told before your case is due, ring the nearest LSA office. If you've never met your assigned lawyer, you need to contact them when you're granted legal aid as they won't necessarily contact you.
What if I've been charged with an offence and I'm under 17?
If you’re under 17 you’ll be dealt with in the Youth Court, and you’ll automatically be provided with a free lawyer, a "Youth Advocate". There’s no financial means test, unlike legal aid, but you won’t be able to choose the lawyer who’ll be your Youth Advocate.
If you’re 17 or older you’ll be dealt with in the District Court (the adult courts) and you can apply for legal aid. The LSA can take into account any support (like food, accommodation) that your parents or anyone else regularly provides you with.
What sorts of problems is civil/family legal aid available for?
Civil/family legal aid is available for many types of private disputes and other non-criminal problems that will, or might, go to court such as
Civil/family legal aid isn't available for
You start by approaching a lawyer you’d like to represent you who will help you fill in an application form. The LSA considers whether you can afford a lawyer, the chances of winning your case and the cost of it weighed against the possible benefit when deciding whether to grant legal aid.
At what age can I apply for civil/family legal aid?
If you’re under 16, you can get legal aid, but an adult (20 or older) can apply on your behalf. The adult must sign a statement promising to pay any money that the LSA requires you to pay towards your legal aid. If you’re 16 or older and under 20, and you’re living with and being supported by your parents, their income and assets can be taken into account.
If you’re 16 or older, you can apply for legal aid in your own right. You’ll be responsible for paying any money that the LSA requires.
Will I qualify for legal aid?
The LSA determines whether you can afford a lawyer by using a calculation. You can do a self-assessment of this here: www.lsa.govt.nz/general/eligibility.htm.
Will I have to pay anything?
Civil/family legal aid usually requires an initial contribution of $50 unless the application is for a Protection Order under the Domestic Violence Act. Criminal legal aid does not require an initial contribution.
Whether it is criminal or civil/family legal aid, you may have to pay some money (a "contribution") towards your legal aid, depending on your income and assets. If you do, you’ll be told this when you’re told if you’ve been granted legal aid. If you’re a beneficiary with no assets, it’s unlikely that you’ll have to pay any money.
If you do have to pay some money, this will be a debt that you will owe the LSA. You may have to pay it back in a lump sum or by instalments (bit by bit) or if it is civil/family legal aid, the LSA may put a "charge" on your property. This means that if you sell the property, your debt to the LSA is repaid out of the money you get from the sale. The LSA will put a charge on your property if you owe more than $300.
If you win any money or property in your civil/family case, you'll probably have to pay back the full amount of legal aid (minus any money you’ve already paid)
What information do I need to provide?
When you're filling in an application form, you need to provide financial information including your weekly and annual income, any savings or debts you have, the value of any assets such as a house or car and what it costs you each week to live. If you have a partner you need to provide the same information about them.
If you're applying for criminal legal aid you need to have the offence numbers. If it's civil or family legal aid, your lawyer will need to provide extra information for the LSA to consider. Once you’ve been granted legal aid, you or your lawyer must tell your local LSA office if your household income increases or if the value of the things you and your partner own increases.
What can I do if I’m refused legal aid?
You or your lawyer can challenge the decision by asking the LSA to reconsider it, or by appealing to the Legal Aid Review Panel (LARP), or both. You can apply for legal aid again if you lose your job or your income drops, or if the Police charge you with a more serious offence.
What if I have problems with my legal aid lawyer?
If you’re unhappy about your legal aid lawyer, you should first try to sort out the problem with him or her directly.
If that doesn’t solve the problem, write to the LSA staff you’ve been dealing with. The LSA will first consider whether your complaint can be dealt with informally by the LSA office and the lawyer.
If it can’t, and there’s a good reason for a complaint, the LSA will formally investigate it.
Can I change my lawyer?
If you have good reasons, and the LSA agrees, you can change your lawyer. It doesn’t happen very often. Contact your LSA office about this straight away.
How can Community Law Centres help?
Community Law Centres offer legal services to satisfy unmet legal needs in the community and are partially funded by the LSA. Each Centre operates independently and provides different services for their communities. These may include providing free legal advice and information, promoting law-related education, producing legal resources including self-help resources, providing practical help or advocacy for those who do not qualify for legal aid. Each Centre has different opening hours and may use a drop-in or appointment service. Some Centres provide advice over the phone. Contact details for your local Centre can be found by clicking on the "Your Local CLC" link above.