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Civil/ Legal Aid-what is available?

Civil/Family Legal Aid

If you have a legal problem but can’t afford a lawyer, you may be able to get one through Civil/Family legal aid. Legal aid covers all your lawyer’s costs.  In my view everyone has a right to justice. To get legal aid, you also  need to pass the prospects of success test- so if your claim or defence is not strong, it may be declined.

Civil/Family legal aid is available for many types of private disputes and other non-criminal problems that will, or might, go to court:

  • Family matters, such as:
    • relationship property problems
    • child support or maintenance
    • child relocation
    • problems to do with care of children
    • protection orders (domestic violence)
    • care and protection orders for children and young people
    • adoption
    • paternity
    • compulsory treatment orders (mental health)

Suing someone, being sued or appearing in the District or High Court over a civil matter, such as:

    • recovering a debt
    • breach of contract (for example, hire purchase)
    • bankruptcy or insolvency

Matters dealt with by some tribunals and specialist courts, such as:

    • Employment Relations Authority
    • Environment Court
    • Human Rights Review Tribunal
    • Legal Aid Review Panel
    • Maori Land Court
    • Motor Vehicle Disputes Tribunal
    • Refugee Status Appeal Authority
    • Social Security Appeal Authority
    • Taxation Review Tribunal
    • Tenancy Tribunal
    • Waitangi Tribunal

Civil/Family legal aid isn’t available for

  • problems that would not go to court
  • divorce itself (”dissolution of marriage”)
  • Disputes Tribunal
  • immigration matters (except for refugee matters)
  • companies or groups of people (except in some cases such as Waitangi Tribunal)
  • reviews by Work and Income (but legal aid is available for an appeal of the review decision to the Social Security Appeal Authority)
  • problems with schools, universities and other educational institutions

See the other blog entries  of Jeremy on legal aid for more information or the Legal Services Agency website- www.lsa.govt.nz

Jeremy and his team have substantial legal aid expertise- on family and civil work.  Jeremy is an experienced  legal aid lawyer  for 12 years and  a past advisor for the Legal Services Agency.   Contact him on 09 263 6953 0r 0800 486 267 or email him on jeremy@jeremysutton.co.nz