What is Legal Aid?
Legal aid is the government programme which pays a lawyer’s fees if you cannot afford a lawyer to represent you. If you are granted legal aid, payment is made directly to an approved legal aid lawyer. You may be required to pay back some or all of it. Aid may be refused, and the grounds for doing so are set out in the Act
Criminal legal aid is available for people charged with a criminal offence.
Civil/Family legal aid is available for private disputes and non-criminal problems that may go to court.
The programme is run by the Legal Services Agency (the Agency).
How much legal aid will be granted?
Grants Officers at the Agency have guidelines to work out how long a case should take. The hourly rate is calculated taking into account the lawyer's experience level and the type of proceeding.
Will there be any conditions on the grant?
The Agency may put conditions on a grant of legal aid. These include:
- repaying aid from the proceeds of the case (except for land or other assets gained from Waitangi Tribunal recommendations)
- authorising a charge on property.
Can a grant of legal aid be withdrawn?
Legal aid may be withdrawn if the conditions are not met, including failure to make repayments. Aid may also be withdrawn for a number of other reasons, but mainly because the aided person's financial circumstances change.
