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Government & legal system

Family/civil Legal Aid: For non-criminal cases

Applying for family/civil Legal Aid

Yes. In a family or civil case, it’s up to you to find a lawyer to represent you. This is different from criminal Legal Aid, where you usually get a lawyer assigned to you.

If you don’t already know a lawyer you think is suitable, ask friends or relatives if they can recommend one. You could also:

  • look on the Law Society’s Family Law Section website, here (or go to familylaw.org.nz – click on “Find a family lawyer,” select your region and check “Legal Aid”)
  • look in the Yellow Pages (under “Barristers & Solicitors” or “Lawyers”)
    ask your local Family Court, Community Law Centre, Citizens Advice Bureau, or District Law Society for some names.

Start by contacting a lawyer who you’d like to have represent you and ask if they are approved to do Legal Aid work for your type of case (e.g., family or employment).

Usually, the lawyer who you choose will help you apply for Legal Aid. They will have a copy of the Legal Aid application form and will help you fill it in and send it off. You can also get the form from the District Court or from a Community Law Centre or Citizens Advice Bureau (CAB).

Some lawyers answer questions about Legal Aid for free, but you should always check this with the lawyer when you start talking to them.

It can be difficult and expensive to change your family/civil Legal Aid lawyer.

If you’re unhappy with the family/civil Legal Aid lawyer that you’re working with, you should discuss your concerns with the lawyer first, or ask for their help to find you a more appropriate lawyer.

If that doesn’t sort things out, contact Legal Aid Services at the Ministry of Justice.

Next Section | Repaying Legal Aid

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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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