At the same time, there were 2563 lawyers, working for firms or independently, approved to provide legal aid services.
Spending is forecast to reach $297.3m in the 2025 calendar year - a 54.6% increase from 2020.
The Government has decided another review is needed to see whether the scheme is “efficient, of good quality, and promotes access to justice in a way that is sustainable and cost-effective”.
What is legal aid?
The legal aid scheme provides publicly funded legal advice and representation for people who cannot otherwise afford a lawyer.
They are people who might be facing criminal charges, involved in a family dispute that goes to court (such as care of children) or involved in a civil matter, such as a dispute over money, housing, ACC or a job.
The aim is to help ensure that people are not denied justice because of their financial means.
Who is eligible for legal aid?
People who earn up to $30,000 (gross) may qualify for representation in eligible criminal, family, civil (and immigration) cases.
Legal aid is considered a loan. Recipients may have to repay some or all of it, depending on how much they earn, what property they own and whether they receive any money or property as a result of their case.
How is it administered?
The Legal Services Commissioner makes the decisions about who gets legal aid. The commissioner is an independent statutory officer within the Ministry of Justice who also determines legal aid repayments (given it’s considered a “loan”), assigns providers, and oversees the conduct and performance of salaried lawyers.
The commissioner also oversees the duty lawyer service, which provides initial legal support to people first encountering a legal issue.
The Review Authority reviews decisions made by the Secretary for Justice about who can be a legal aid provider.
How do people get legal aid support?
Assistance on how to apply is given through the courts, and by the Community Law Centre or Citizens Advice Bureau, for those charged with a criminal offence.
When applying for family or civil legal aid, the first step is to find a legal aid lawyer who can help with the application.
Why is a review being undertaken?
The Government announced in February that it would review the legal aid system this year.
It says the scheme is under pressure, and balancing access to justice against responsible government spending is an ongoing challenge.
The review is to be carried out by the Ministry of Justice.
Budget 2024 provided no further investment in the legal aid system.
It prompted the NZ Law Society to express concern at what this means for the ongoing viability and sustainability of the scheme.
Legal aid providers are also feeling the pressure, with increasing workloads across the profession that have been made worse in regions with fewer providers.
The Government says pressures on the scheme reflect what is happening in the courts, such as the growing number of cases, the cost of third-party and specialist reports, and changes to legal aid eligibility and remuneration in recent years.
What will the review cover?
- The profile of legal aid and how it is changing over time
- The sustainability of the legal aid scheme
- Eligible proceedings
- Eligibility and repayment settings
- Provider procurement and coverage
- Provider incentives and remuneration
- Legal aid quality assurance.
The ministry will also consider the recommendation by the Royal Commission of Inquiry into Abuse in Care to remove barriers to accessing legal aid for civil proceedings regarding abuse in care, such as eligibility criteria and repayments.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government, for the Nelson Mail.
