Skip to main content

Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

SimplifiedLaw.co.nz
general

Applying for legal aid: Eligibility criteria

Key Takeaway

Legal aid in New Zealand helps people with insufficient financial means access legal services for eligible cases. Eligibility is determined by a 'means test' assessing income and assets, and a 'merits test' evaluating the case's strength and importance. Specific rules are outlined in the Legal Aid Services Act 2011 and its associated regulations.

What is Legal Aid?

Legal aid is a government-funded service designed to assist individuals who have insufficient financial means to pay for legal services themselves [Source: Legal Aid Services Act 2011, s 3]. Its purpose is to provide access to justice for eligible people involved in legal proceedings [Source: Legal Aid Services Act 2011, s 3].

Eligibility Criteria for Legal Aid

To be eligible for legal aid, an applicant must satisfy two main criteria: a financial eligibility test (often called the 'means test') and a merits test. The Director of Legal Aid Services is responsible for determining eligibility [Source: Legal Aid Services Act 2011, s 7].

The Means Test (Financial Eligibility)

The 'means test' assesses an applicant's financial situation to determine if they have 'insufficient means' to pay for legal services [Source: Legal Aid Services Act 2011, s 10(1)]. This involves an evaluation of both their income and their assets [Source: Legal Aid Services Act 2011, s 10(2)].

The Legal Aid Services Regulations 2011 prescribe how an applicant's means are to be assessed, including specific income and asset thresholds [Source: Legal Aid Services Act 2011, s 10(3); Legal Aid Services Regulations 2011, Part 2]. Factors considered may include:

  • Income: This typically includes wages, salaries, benefits, and other regular payments received by the applicant and, in some cases, their spouse or partner [Source: Legal Aid Services Regulations 2011, reg 7(1)]. Certain expenses may be deducted from gross income to determine assessable income [Source: Legal Aid Services Regulations 2011, reg 7(2)-(4)].
  • Assets: This refers to disposable capital, which can include bank accounts, investments, and other valuable property that could be readily converted to cash [Source: Legal Aid Services Regulations 2011, reg 8]. Certain assets, such as a primary home and everyday belongings, are generally excluded from this assessment [Source: Legal Aid Services Regulations 2011, reg 8(1)(a)-(b)].

Specific financial thresholds are updated periodically and are detailed in the Legal Aid Services Regulations 2011 [Source: Legal Aid Services Regulations 2011, reg 9].

The Merits Test

The 'merits test' assesses the legal grounds and importance of the case for which legal aid is sought [Source: Legal Aid Services Act 2011, s 11(1)]. The Director of Legal Aid Services must be satisfied that it is reasonable to grant legal aid in the circumstances [Source: Legal Aid Services Act 2011, s 11(1)]. Factors taken into account include:

  • Whether the applicant has reasonable grounds for bringing, defending, or being a party to the proceedings [Source: Legal Aid Services Act 2011, s 11(2)(a)].
  • The prospects of success in the proceedings [Source: Legal Aid Services Act 2011, s 11(2)(b)].
  • Whether the proceedings are of sufficient importance to the applicant or to the public [Source: Legal Aid Services Act 2011, s 11(2)(c)].
  • Whether it is reasonable, in all the circumstances, for the applicant to be granted legal aid, taking into account the likely cost of the proceedings [Source: Legal Aid Services Act 2011, s 11(2)(d)].

Type of Legal Matter

Legal aid is available for a range of legal matters, primarily encompassing criminal, family, and civil proceedings [Source: Legal Aid Services Act 2011, s 8(1)]. The specific types of proceedings for which legal aid can be granted, and any exclusions, are further detailed in Schedule 1 of the Legal Aid Services Act 2011 and the Legal Aid Services Regulations 2011 [Source: Legal Aid Services Act 2011, s 8(2); Legal Aid Services Regulations 2011, Part 3]. For example, legal aid is generally available for most criminal cases, family disputes such as care of children or domestic violence, and some civil matters like disputes over employment or housing [Source: Legal Aid Services Act 2011, Schedule 1].

Contribution Towards Costs

Even if an applicant is granted legal aid, they may be required to pay a contribution towards the costs of their legal services [Source: Legal Aid Services Act 2011, s 14(1)]. The Director determines the amount of any contribution, taking into account the applicant's financial circumstances [Source: Legal Aid Services Act 2011, s 15]. The contribution may be required upfront or may be payable after the proceedings are concluded [Source: Legal Aid Services Act 2011, s 14(2)].

When to Seek Independent Legal Advice

Individuals seeking to understand their eligibility for legal aid or to apply for legal aid can contact the Ministry of Justice or their local Community Law Centre for guidance. These organisations can provide information on the application process and relevant criteria. Community Law Centres provide free legal information and advice to those who qualify.

Key Resources