The Government has decided to undertake a review of the legal aid system in 2025. The Ministry of Justice has released a discussion document which is open for public submissions from 11 June to 1 August 2025.
The objective of the review is to ensure the legal aid scheme is efficient and sustainable while also promoting access to justice.
What is legal aid?
The legal aid scheme provides publicly funded legal advice and representation for people who require these services but could not otherwise afford a lawyer. This helps to ensure that people are not denied justice due to their financial means.
Initial legal support is available through targeted services for people first encountering a legal issue, such as the duty lawyer representing defendants at their first appearance, and grants for ongoing advice and representation throughout a legal matter.
Why is a review being undertaken?
The legal aid scheme is under pressure, and balancing access to justice against responsible government spending proves an ongoing challenge. Legal aid spending has increased significantly in recent years and is expected to continue to do so.
Legal aid providers are also experiencing increased workloads across the profession that have been exacerbated in regions with fewer providers.
Pressures on the scheme reflect what is happening in the courts, such as the increasing volume of court cases, the cost for third party and specialist reports, and changes to legal aid eligibility and remuneration in recent years.
What will the review cover?
The Minister of Justice has agreed that the review will cover:
the profile of legal aid and how it is changing over time
the sustainability of the legal aid scheme
eligibility and repayment settings
provider procurement and coverage
provider incentives and remuneration
legal aid quality assurance.
A discussion document has been developed to inform the review. It outlines the scope and objectives for the review and sets out the current settings for legal aid, the main challenges facing the scheme, and proposals identified to address them.
Legal Aid Review Ministry of Justice – National Office SX 10088 Wellington
In making a submission to the Ministry, please note that we are subject to both the Privacy Act 2020 and the Official Information Act 1982. There is more information on the legal aid public consultation privacy information page.
Ministry officials will also meet with organisations representing the legal profession and those experiencing legal problems to understand their views on key issues within the legal aid scheme and options for addressing them. Officials will also meet with the judiciary.
Next steps
Themes and proposals from the engagement and consultation will inform advice to Ministers about potential changes to the scheme to be provided in late 2025.