Legal Aid in New Zealand: Complete 2026 Guide
Everything you need to know about legal aid in NZ - who qualifies, what it covers, how to apply, and what happens after your case.
Quick Answer: Do I Qualify?
You may qualify for legal aid if:
- Income: Under $23,820/year (single) or $37,758/year (couple)
- Assets: Limited disposable capital
- Case type: Criminal, family, refugee, or specified civil matters
- Merit: Your case has reasonable grounds to proceed
What is Legal Aid?
Legal aid is government funding to help people who can't afford a lawyer access legal representation. It's not a handout - it's often a loan that may need to be repaid depending on your circumstances and the outcome of your case.
The Ministry of Justice administers legal aid in New Zealand. Approved lawyers (called "legal aid providers") do the actual legal work.
Income and Asset Thresholds
Income Limits (2026)
| Household Type | Maximum Income |
|---|---|
| Single, no dependents | $23,820/year |
| Couple, no dependents | $37,758/year |
| Single + 1 dependent | $32,000/year (approx) |
| Couple + 2 dependents | $49,000/year (approx) |
Note: Thresholds increase with number of dependents. Your lawyer can calculate your exact eligibility.
Asset Limits
Disposable capital limits:
- Single: $4,120
- Couple: $8,240
- Your family home is usually excluded
- Essential items (car for work, furniture) are excluded
What Legal Aid Covers
Covered
- Criminal defence (serious charges)
- Family Court matters (custody, protection orders)
- Relationship property disputes
- Refugee and protection claims
- Mental Health Act proceedings
- Waitangi Tribunal claims
- Some employment matters
- Appeals in covered areas
NOT Covered
- Property transactions (buying/selling house)
- Wills and estates
- Business and commercial law
- General civil disputes
- Immigration (except protection claims)
- Traffic offences (minor)
- Defamation claims
- Disputes Tribunal matters
How to Apply for Legal Aid
Step 1: Find a Legal Aid Lawyer
Not all lawyers accept legal aid. You need to find a "legal aid provider." Options:
- Ask the lawyer directly if they take legal aid
- Contact your local Community Law Centre for referrals
- Use the duty lawyer at court (they can help apply)
- Search the Ministry of Justice provider list
Step 2: Complete Application
Your lawyer usually handles the application. You'll need to provide:
- Proof of income (benefit statement, payslips, tax return)
- Bank statements
- List of assets and debts
- Details of your legal issue
Step 3: Assessment
The Legal Aid Commissioner assesses:
- Financial eligibility: Do you meet income/asset tests?
- Merit: Does your case have reasonable grounds?
- Coverage: Is this type of case covered?
Step 4: Decision
You'll receive a decision letter. If approved, it specifies what's covered and any repayment terms.
Repaying Legal Aid
Legal Aid is Often a Loan
You may need to repay legal aid if:
- You receive money or property from the case (e.g., relationship property settlement)
- Your income improves significantly
- You have assets that weren't initially counted
Interest: Legal aid debt accrues interest. The rate is set by the Ministry of Justice.
Write-offs: Many legal aid grants are eventually written off if you remain on low income. Criminal legal aid is often not repayable.
If You Don't Qualify
If you're over the threshold but can't afford full legal fees:
Alternative Options
- Payment plans: Many lawyers offer these
- Fixed fees: Ask for fixed-price quotes
- Community Law: Free advice (not full representation)
- Limited scope services: Lawyer does specific tasks, you do the rest
- Junior lawyers: Lower rates with senior supervision
- Request review: Appeal the legal aid decision if circumstances are exceptional
Special Situations
Emergency/Urgent Legal Aid
For urgent matters (protection orders, bail applications), interim legal aid can be granted quickly while the full application is processed.
Children and Young People
Youth appearing in Youth Court are entitled to free legal representation regardless of their family's income.
Mental Health
People subject to Mental Health Act proceedings have the right to legal representation, funded separately from standard legal aid.
Duty Lawyers vs Legal Aid
| Duty Lawyer | Legal Aid |
|---|---|
| Free for everyone | Income-tested |
| First appearance only | Ongoing representation |
| Available at court | Assigned lawyer |
| No application needed | Application required |
| No repayment | May need repayment |
Contact Information
Ministry of Justice - Legal Aid:
- Phone: 0800 254 526
- Website: justice.govt.nz/about/lawyers-and-service-providers/legal-aid-providers/
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