The Government has decided to undertake a review of the legal aid system in 2025. The review will be undertaken by the Ministry of Justice.
The objective of the review is to ensure the legal aid scheme is efficient, is of good quality, and promotes access to justice in a way that is sustainable and cost-effective.
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.
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 feeling the pressure, with increasing 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.
The review will support the sustainability of the scheme by ensuring that it is promoting access to justice in an efficient and cost-effective way.
The Government has directed the Ministry to focus on aspects of the scheme that lawyers, the judiciary, and organisations representing people with legal needs have consistently raised issues with. Areas the review will cover are:
The Ministry will also consider the recommendation by the Royal Commission of Inquiry into Abuse in Care to remove barriers for accessing legal aid for civil proceedings regarding abuse in care, such as eligibility criteria and repayments.
The Ministry will develop a discussion document and release it for public consultation later this year.
Ministry officials will then 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 agencies that have knowledge on how different populations experience the legal system.
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.
Ministerial media release: Reviewing legal aid to ensure access to justice(external link)
Legal Services Act 2011(external link)
Legal Services Regulations 2011(external link)
Legal Services (Quality Assurance) Regulations 2011(external link)
If you would like to contact us about the legal aid review, please email us at legalaidreview@justice.govt.nz
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