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Criminal Legal Aid: if you’ve been charged with a crime

Overview

New Zealand Bill of Rights Act 1990, s 24(f)

When you’ve been charged with a crime, you have the right under New Zealand’s Bill of Rights to get free legal help if you can’t afford a lawyer and the “interests of justice” require this.

The government pays the cost of hiring a lawyer for people in criminal court cases who can’t afford to pay a lawyer themselves (“criminal Legal Aid”). The Legal Aid laws in the Legal Services Act set out the specific rules about when you will or won’t be given Legal Aid.

Next Section | Criminal cases: other free legal advice

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Legal Aid and other legal help

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice on how legal aid works, whether you might be eligible for the service, and the next steps.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Information on legal aid

See the Ministry of Justice website for more information about how legal aid and other legal assistance schemes work.

Website: www.justice.govt.nz/courts/going-to-court/legal-aid
Phone:  0800 253 425

Find a Legal Aid lawyer

Use the New Zealand Law Society website to help you find a family lawyer in your local area.

Website: www.justice.govt.nz/find-a-legal-aid-lawyer

Public Defence Service

The Public Defence Service represents defendants in criminal cases where legal aid has been granted.

Website: www.pds.govt.nz 

Find a family lawyer

Use the New Zealand Law Society website to help you find a family lawyer in your local area.

Website: www.familylaw.org.nz/public/find-a-lawyer

Applying for Legal Aid

You can download the relevant legal aid application form from the Ministry of Justice website.

Application for family or civil legal aid: www.justice.govt.nz/assets/Family-civil-legal-aid-application-191222.pdf
Application for criminal legal aid: www.justice.govt.nz/assets/Documents/Forms/Criminal-Legal-Aid-Application-191223.pdf

Reviewing a legal aid decision

The Ministry of Justice website provides information on how to ask the Legal Aid Commissioner to reconsider the original decision, and how to apply to the Legal Aid Tribunal to review the Commissioner’s decision.

Applying to the Legal Aid Commissioner: www.justice.govt.nz/courts/going-to-court/legal-aid/ask-for-a-review-of-a-legal-aid-decision/ 
Applying to the Legal Aid Tribunal: www.justice.govt.nz/Tribunals/legal-aid/legal-aid-Tribunal  

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