Public consultation now active on legal aid's future in New Zealand

Submissions on review aiming to promote access to justice will close next month

Public consultation now active on legal aid's future in New Zealand

Paul Goldsmith, justice minister, has announced that the government has opened a public consultation on possible ways to achieve an efficient and sustainable legal aid system that meets current needs, with submissions due by 23 July 2025. 

The public consultation, which commenced on 11 June, aims to enhance the legal aid scheme for New Zealanders unable to afford advice and representation and ensure that everyone can access justice through a fair and open process, Goldsmith said in a news release from the government. 

“We’ve heard from the judiciary, lawyers, and others that changes are needed to address difficulties facing providers and those who need assistance,” Goldsmith said in the news release. 

Goldsmith urged all those interested to make their voices heard by providing submissions on the possibilities for the legal aid scheme moving forward. The New Zealand Ministry of Justice has released a discussion document to guide public feedback. 

Current scheme

Goldsmith noted that the current legal aid scheme was last subject to a review in 2018, has since undergone significant changes, and is no longer suitable for its aims. 

“This will provide an opportunity to ensure the scheme is efficient, is of good quality, and promotes access to justice in a way that is sustainable and cost-effective,” Goldsmith said in the government’s news release

Under the existing legal aid system, those with limited financial means can access initial legal support, with duty lawyers acting for parties at their first appearance, as well as grants for ongoing advice and representation throughout the legal proceedings, according to information from the justice ministry. 

The current legal aid scheme faces pressures reflecting the courts’ recent challenges, such as more cases, third-party and specialist report costs, and legal aid eligibility and remuneration adjustments. 

The pressures on today’s legal aid system include recent increases in legal aid expenditures, a trend that the government expects to continue. Legal aid providers also struggle with heavier workloads, especially in regions featuring fewer providers. 

The justice minister noted that the legal aid review would cover: 

  • the profile of legal aid 
  • the shifting of legal aid over time 
  • the legal aid system’s sustainability 
  • eligibility and repayment settings 
  • provider procurement and coverage 
  • provider incentives and remuneration 
  • legal aid quality assurance 

The justice ministry shared that its officials would engage with the judiciary and organisations acting for legal professionals and those facing legal problems. These meetings seek to gain insights into perspectives regarding issues relevant to the legal aid scheme and possibilities for resolving them. 

The justice ministry said that the feedback it will receive during the public consultation and the targeted engagement will inform the advice given to the government’s ministers in late 2025 about the legal aid system’s future.