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.
Eligibility
Section 9 of the Legal Services Act 2000 says who can apply for Civil legal aid and what the criteria are.
Who can apply for Civil legal aid
- A natural person (whether they are a resident in New Zealand or not).
- If the person whom the proceedings are for is a minor under 16 or mentally disordered then a representative may (must for minor) apply on their behalf.
- A Trustee corporation that applies for legal aid as a representative.
Criteria for Civil legal aid
- Applicant's income does not exceed the maximum level set in the regulations (unless there are special circumstances)
- Applicant's disposable capital does not exceed the levels set in the regulations (unless there are special circumstances).
- Applicant has reasonable grounds for an involvement in the proceedings in question.
- Prospects of success are reasonable.
- Applicant requires legal representation in proceedings (i.e. legal aid is not granted for Child Support Administration Review).
- The proceedings are in the NZ judicial systems.
- The applicant is over 16 years of age (if not then a representative must file the application on their behalf).
Eligibility: where income and capital are LESS than the maximum levels set by regulations
Eligibility: where income and capital are MORE than the maximum levels set by regulations
Immigration Act
Investigating allegations of ineligibility
Withdrawal of Civil legal aid
Eligibility: where income and capital are LESS than the maximum levels set by regulations
The Agency considers that the application meets the financial criteria for legal aid.
Eligibility: where income and capital are more than the maximum levels set by regulations
The Agency must refuse to grant legal aid unless there are special circumstances regarding the likely cost of proceedings to the applicant or the applicant’s ability to fund the proceedings if aid is not granted.
Immigration Act
Section 10(1) of the Legal Services Act 2000 prohibits the granting of civil legal aid in relation to a decision under the Immigration Act.
Investigating allegations of ineligibility
The Agency has procedures for investigating allegations of ineligibility for legal aid.
The informant is asked to provide authorisation to disclose a copy of their allegations and their identity to enable the Agency to investigate. In some cases the Agency may investigate without this authorisation. The Agency Investigations will be undertaken through the legally aided person’s assigned provider, who will be asked to communicate with their client and respond in detail to the allegations.
Withdrawal of Civil legal aid
Legal aid granted in respect of a civil matter may be withdrawn for a variety of reasons. These are specified in Section 26 of the Legal Services Amendment Act 2006 .
In summary aid may be withdrawn where:
- payment have not been made
- necessary charges over a specified property have not been made
- it is found that the aided person is no longer or was never entitled to a grant of legal aid
- proceedings in respect of which legal aid was granted have been disposed of
- the aided person has behaved in a way that has caused unjustifiable expense to the Agency
- there are no longer reasonable grounds for the proceedings
- the application for aid is found to have been incomplete or misleading
- the aided person requests that the grant of legal aid be withdrawn.
