Legal aid
Overview
If you can't afford to pay for a lawyer, you can apply for legal aid.
Legal aid is government funding to pay for legal help if you can’t afford a lawyer. You may have to pay back some or all of the legal aid you get. There are different types available.
Legal aid for criminal offences
Legal aid for family or civil disputes
Who can get legal aid
If you can't afford a lawyer, you can apply for legal aid for criminal court proceedings, civil disputes or family disputes. You can also apply if you're a victim of a violent offence and want to apply for a non-contact order.
To decide whether you can afford a lawyer, Legal Aid Services will consider:
- how much you earn before tax
- the value of your assets, such as house and car
how many financially dependent children you have.
If you have a partner, their finances will also be considered.
If you've been charged with a criminal offence, they'll also look at whether you're:
- charged with an offence that could be punished with a prison term of six months or more
- appealing your conviction or sentence
- appearing before the parole board.
Who can get criminal legal aid
How to apply
For family or civil disputes, your lawyer will help you apply.
For criminal legal aid, you need to fill in an application form. You can get the application form (and free help to complete it) from:
- the duty lawyer at your district court (ask at the reception desk)
- your local legal aid office
- a Community Law Centre.
Apply as soon as you've been charged or received a summons to appear in court. Don't wait until your first day in court.
Documents you’ll need
What it costs
You may have to pay back some or all of the legal aid you get. Your lawyer will explain this to you.
What happens next
After you've applied, you'll get a letter telling you whether legal aid has been granted.
If you're refused legal aid, you can ask the managing legal aid office to review the legal aid decision.
Asking for a review of a legal aid decision
Less serious charges — you're assigned a lawyer
The letter telling you that legal aid is granted will include the name of the lawyer assigned to you and their contact details.
You must make the first contact with your lawyer. You must try to make an appointment with them before your first court appearance or before you go back to court.
If you're already receiving legal aid for another criminal court case, the lawyer who has been representing you will usually continue to represent you on any new charges.
Very serious charges — you can choose a lawyer
If you face very serious criminal charges and may go to prison for more than 10 years, you can choose a lawyer to represent you. The lawyer will need to be an approved legal aid provider.
Some organisations can help you find legal aid, or you can choose a lawyer from recommendations of friends, family or other people you trust.
Ministry of Justice legal aid list
If you don’t choose a lawyer, the Ministry of Justice will assign one.
Other free legal help
Community law centres
Community law centres offer free legal information and advice to people who can't afford to see a lawyer privately.
If you're eligible, community law centres may also be able to:
- offer ongoing legal assistance
- help you with mediation
- represent you at tribunals or in court.
Citizens advice bureau
Free advice about just about anything — in your local area and in your own language.
Help with legal questions about a disability
Auckland Disability Law helps Aucklanders who have disability-specific legal questions.
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