Civil Legal Aid
The Legal Services Agency manages civil legal aid on behalf of the government.
Civil legal aid is available for private disputes and non-criminal problems that may go to court. Civil action is normally a case taken by an individual against another person or an organisation.
The legal aid process gives providers some flexibility within a framework, called the Proceedings Steps, which specifies a maximum number hours that providers will get paid for each step in a case. Each proceedings step has a standard rate expressed in hours or a dollar amount, called the Guideline Hourly Rate (GHR), attached to it. In the majority of cases grants are made within the framework.
This system balances the need for provider autonomy with the requirement to be responsible and accountable for public funds.
Applications
All applications must be made through a listed provider using the Agency's forms. The forms contain information to assist completion and are available both as hard copies or online.
Most civil cases, including Waitangi Tribunal proceedings, are determined centrally. Listed Providers are requested to send applications directly to the Agency's Wellington Office.
You can refer to the Legal Aid Guide to give applicants and clients information about eligibility and repayment.
Assignment, Termination of Assignment and Reassignment
Beneficiary Income
Inactive files
Refugee, ACC and Employment proceedings
Supreme Court Civil Legal Aid
Top up payments
Urgent cases
Waitangi Tribunal Proceedings
Assignment, Termination of Assignment and Reassignment
The Agency's policy on Assignment, Termination of Assignment, and Reassignment is available here. This policy applies to assignment in all legal aid cases (family, civil and criminal).
Beneficiary Income
Work and Income New Zealand aims to complete a standard beneficiary income form within 24 hours. This Confirmation of Benefit form is available here (Word doc 36kb)
It is important to specify the 12 month period for which proof of income is required.
Inactive files
Files with no activity for a period of at least nine months will be finalised unless there are sufficient reasons to keep the file open. ‘No activity’ is defined as no communication regarding the file from the provider.
Refugee, ACC, and Employment proceedings
Applications for proceedings relating to Refugee status should be sent to the Manukau office. Applications for proceedings relating to ACC and Employment matters should be sent to a local office.
Supreme Court Civil Legal Aid
The Agency has developed supplementary information (pdf 32kb) relating to legally aided civil cases in the Supreme Court. This is to be read in conjunction with the proceedings steps and the Overview of Supreme Court - Civil Legal Aid Process.
This interim policy will be reviewed once the practice of the Supreme Court is established. A final policy will be confirmed and communicated to providers when this review has been completed.
Top up payments
Click here for the Agency's policy on approving payments which are additional to the legal aid grant and may be approved under section 66 of the Legal Services Act 2000. The policy applies to payments sought as a top-up to fees or disbursements, from whatever source, whether paid directly to the provider or indirectly though the payment of goods or services used by the provider (such as travel costs) in the course of the case.
Urgent cases
Where there is a critical Court deadline, the provider should mark the application "for urgent action". It will be assessed for urgency on the date it is received. It is given priority if the Agency agrees it is urgent.
Waitangi Tribunal Proceedings
For proceedings before the Waitangi Tribunal, listed providers should use Form 14 Application for Legal Aid for Waitangi Tribunal Proceedings. Details on how these applications are determined are available here (pdf 66kb).
