Justice secretary says rising legal aid costs stem from how cases move through the court system
The Ministry of Justice has launched the Accessible and Affordable Justice programme, a sector-wide initiative aimed at improving the efficiency of the justice system and addressing growing pressures on the legal aid scheme.
Secretary for Justice Andrew Kibblewhite outlined the programme in a letter to the legal profession following the completion of the 2025 Triennial Review of the Legal Aid scheme. The Ministry will lead the initiative through a dedicated team working with the judiciary, legal practitioners and other justice sector agencies to identify reforms intended to improve timeliness and reduce costs across the system.
The programme responds to findings that the legal aid scheme is facing significant strain. According to the review, legal aid lawyers reported difficulties meeting client needs while managing increasing administrative requirements. The profession also raised concerns about the scheme's ability to retain experienced practitioners and attract new lawyers.
The government has provided an additional $30m for the 2026–27 financial year, but the funding is limited to that year. Despite continued investment, legal aid expenditure has increased substantially over the past five years, rising from $192.5m to $304.7m. The ministry projects costs will continue to increase without broader changes to the justice system.
According to Kibblewhite, ministry analysis found that rising costs are not primarily driven by the number of cases entering the system. Instead, the analysis concluded that changes in justice system practices have contributed significantly to higher expenditure. Factors identified include a substantial increase in the number of defendants electing trial by jury, growing case complexity, and inefficiencies that contribute to delays and repeated court processes.
Kibblewhite said many of the pressures affecting legal aid originate from the way cases progress through the courts.
“These pressures cannot be addressed solely through changes to the legal aid scheme as many of the issues stem from how cases are progressed and resolved. It will take concerted action by everyone in the justice sector to find meaningful solutions,” Kibblewhite wrote.
As part of the programme, officials will examine a range of potential reforms. These include changes to jury trial settings, measures designed to reduce demand for legal aid, and initiatives to lessen the impact of large volumes of case material and complex evidential requirements. The programme will also consider targeted adjustments to legal aid scheme settings that influence both demand and the progression of cases through the courts.
The ministry said the initiative will extend beyond legal aid and examine cost pressures affecting court and coronial services. The ministry may consider regulatory and operational changes to improve efficiency and manage expenditure in those areas, which are also receiving time-limited funding through Budget 2026.
Kibblewhite also announced plans to establish a small practitioners advisory group composed of experienced practitioners. The group will help officials test proposals and reform options at an early stage. The ministry intends to work with the advisory group, the wider legal profession, the judiciary and sector agencies as it develops recommendations.
