Criminal Legal Aid
If you’ve been charged with an offence but can’t afford a lawyer, your legal fees may be paid through criminal legal aid. Legal aid covers your lawyer’s fees and all other fees and expenses of your court case. But you may have to pay some of it back.
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Applying for Criminal Legal Aid
Who can apply for criminal legal aid?
Criminal legal aid is available to anyone who has been charged with a criminal offence.
It’s also available in some cases for people appearing before the New Zealand Parole Board.
You don’t have to be a New Zealand citizen or be living here permanently to be able to apply for legal aid.
Examples of criminal matters
| • Assault | • Arson |
| • Drug possession | • Having an offensive weapon |
| • Theft | • Receiving stolen goods |
| • Burglary | • Threatening to kill |
| • Fraud | • Rape and other sexual offences |
| • Drink driving | • Murder or manslaughter |
When should I apply?
Apply as soon as you’ve been charged or received a summons to appear in court. Don’t wait until your first day in court.
| Remember! |
| Take your court summons with you when you go to see a lawyer or apply for legal aid. It has important information that you must put on your legal aid application form. |
The following people can help you apply for legal aid –
- a lawyer you already know who you’d like to represent you
- the Duty Solicitor at the court
- the criminal registrar at the court, or other court staff
- a community law centre
- volunteers at the court, such as Friends at Court or Matua Whangai workers (who provide support for Maori defendants).
What information do I need to give on the legal aid application form?
You’ll need to give information about yourself and your case –
- the address and phone number where you can be contacted at home and at work
- your date of birth
- the offence you’ve been charged with (your court summons will tell you this)
- the place where your case is being heard and your next court date.
You’ll also need to give details and evidence of your finances –
- your before-tax income (wages, benefits, ACC and so on)
- any savings you have
- the value of any major assets you own, like a house or car
- any money you owe (such as hire-purchase payments)
- how many dependent children you have.
- If you have a partner, you must give the same financial information about them, on a different part of the form. This applies to married and civil union couples and to de facto partners (including same-sex partners).
