How to apply for family or civil legal aid

What it can cover

Family: problems that could go to court, such as care of children, protection orders, relationship property, child support, Oranga Tamariki care and protection cases, adoption, paternity, and compulsory mental health treatment.

Civil: problems that could go to court or a tribunal, such as debt, a broken contract, defamation or bankruptcy. It also covers cases at places like the Employment Relations Authority, the Tenancy Tribunal, the Human Rights Tribunal, the Social Security Appeal Authority, the Māori Land Court and the Waitangi Tribunal.

Legal aid doesn't cover:

• problems that don't go to court, such as writing a will
• divorce
• the Disputes Tribunal or the Motor Vehicle Disputes Tribunal
• some immigration matters (refugee matters are covered)
• reviews by Work and Income (an appeal to the Social Security Appeal Authority may be covered)
• problems with schools, universities and other places of study
• companies or groups, except in some cases such as the Waitangi Tribunal.

Will I qualify?

The Ministry looks at three things:

• Your money. What you earn before tax, what you own (such as a house or car), and how many children depend on you. If you have a partner, their money counts too. The income limits are set by the Ministry.
• Your case. Whether you have good reason to be involved, your chances of success, and whether the case costs more than you could gain.
• Past legal aid. Whether you're up to date with repaying any earlier legal aid.

In many family cases, such as care of children or family violence, the Ministry can also weigh your safety, the welfare of anyone affected, how complex the case is, and the public interest.

1Find a lawyer who does legal aid

Call lawyers from the list for your town until one can take your case. When you call, check two things:

• they do legal aid work for your kind of case
• they can be at court when you need them.

Some lawyers will answer questions about legal aid for free, but check with them first.

Before you choose, it helps to ask:

• what work they do, and how they handled cases like yours
• whether they'll do most of the work, or someone else in the firm
• whether they have a private room where you can talk freely
• how often they'll contact you and keep you up to date.

2Apply with your lawyer

Your lawyer has the application form and helps you fill it in. You can also get a form from a Community Law Centre or Citizens Advice Bureau.

3Bring these to your lawyer

• your address and phone numbers
• your date of birth
• your income before tax, including wages, benefits, ACC and any other income
• any savings
• the value of anything big you own, such as a house or car
• any money you owe, such as hire purchase or other debts
• how many people depend on you
• any letters or papers about your case.

Tell your lawyer if you have a partner, because their money goes on the form too. And tell them if your work, family or money changes later.

What it costs

Legal aid is paid straight to your lawyer, and your lawyer won't charge you for legal aid work. If they try to, tell the legal aid office. The old $50 user charge ended on 1 January 2023, unless your legal aid was approved before then.

Legal aid is treated as a loan, so you may have to repay some or all of it later, depending on your income, what you own, and whether you get money or property from your case. Read the Ministry's rules on repaying.

If you're turned down

You can ask the Ministry to look at the decision again. Find out how to ask for a review. A Community Law Centre can help for free.