New Zealand Law Society President Frazer Barton says while everyone has a right to represent themselves, it’s not a simple endeavour.
“It has quite an impact on the conduct of the courts, and it is a matter to be concerned about,” he said.
Barton said people representing themselves generally struggle to cope with court processes, and it becomes very time consuming.
“It can take much longer, [it’s] much more complicated, and more cost to all the other parties involved.”
He added the reasons for self-representation vary - but the costs of engaging a lawyer, and difficultly finding a legal aid lawyer, may mean self-representation is the only option a person has.
The legal aid system provides government funding to pay for legal help for people who cannot afford a lawyer.
It’s currently under review, and under pressure as people struggle to find lawyers while officials balance spend on the expensive service.
According to Ministry of Justice data 82,222 legal aid grants were given out, costing $270.2 million.
Barton said it’s the area is underfunded, and it’s crucial the review doesn’t lead to a cost cutting exercise and create a bigger body of self-representing litigants.
He said working with those who choose to self-represent is also becoming a more common experience for those in the court room - pointing to self-proclaimed sovereign citizens.
Barton said it’s a common theme across multiple countries.
“My Australian colleagues make the same complaint, and of course this isn’t just someone self-representing — this is someone that doesn’t recognise the authority of the court or the authority of the legal system. That is quite problematic.”
Barton said he’s experienced this behaviour first hand, while representing someone being sued by a self-representing litigant.
He said the case was struck out. But after two more appeals, the self-representative then took the case back to the first court, starting the whole process to get it struck out again.
Barton said he spent five times as long on the case than he usually would, had the other party had a lawyer.
“That’s where there’s a danger, it really gets bogged down, and that denies justice to other people who actually need to be before the courts.”
The Public Service Association, the main union for public servants, is also concerned court staff are having to take the heat for delays exacerbated by those representing themselves.
National Secretary Fleur Fitzsimons said staff bear the brunt by having to convey delays to other people seeking justice.
“They need to manage others who miss out on their hearing time or day, and that often manifests itself as aggressive behaviour and very emotional behaviour,” she said.
Fitzsimons said it’s a very difficult position for the staff to be in.
“It is genuine to say, where justice is delayed justice is denied and that’s what we’re seeing as a result of these self-representing litigants.”
Ministry of Justice National Service Delivery Group Manager Tracey Baguley said individuals have the right to represent themselves in court if they choose and they have guides to assist those doing so.
“Between 2023 and 2025, there were several incremental increases to income thresholds that determine eligibility for civil and family legal aid,” she said.
“These increases have ensured that a greater proportion of people qualify for legal aid.”
Baguley said the Ministry is exploring options to address pressures facing the legal aid scheme through the 2025 Triennial review.
Emily Ansell is an Auckland-based Newstalk ZB Multimedia Journalist, with a focus on court, and health, along with general news.
