FAMILY LAW LEGAL AID

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On occasion I can accept assignments from New Zealand Legal Aid.  In addition, the New Zealand Ministry of Justice funds the FLAS (Family Law Legal Advice) service of which I am a member, and I can provide free legal advice providing you are below the income threshold.

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FLAS NZ Ministry of Justice Website

 

1. Confirm if you're eligible

Legal Aid may be available for court-based family law matters including:

• Relationship property disputes

• Child support or maintenance

• Care and protection (child welfare)

• Protection orders, adoption, or paternity
  It does not cover divorce (“dissolution of marriage”) or legal tasks that don’t involve court proceedings 

Eligibility is based on:

• Your before‑tax income and household financial situation (including partner and dependents)

• Assets such as property or vehicles

• The merits, complexity, and potential benefit/cost of the case

• Whether you have an existing legal aid debt

• Additional factors: domestic violence risk, child welfare, public interest, etc. 

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Standard thresholds are set in the Legal Services Regulations 2011—for example, a single person with one dependent may have a limit around NZD 37,722 annual income 

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2. Find a legal aid‑approved lawyer

You're responsible for selecting a lawyer to help apply for and represent you under Legal Aid. The lawyer must be approved to do legal aid work in family law 

You can locate one using:

• The Ministry of Justice “find a legal aid lawyer” tool

• Community Law Centres

• Citizens Advice Bureau (CAB)

• Referrals via family, network, or firms listed on NZ Law Society family law site 

Community Law Centres and CAB can offer initial free advice and refer you to legal aid lawyers, especially if you're unsure where to start .

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3. Applying for legal aid

1. Meet with the lawyer first—bring all financial documents, case-related information, and details of dependents and partner status.

2. The lawyer will help you fill in the Family/Civil Legal Aid application form, available on the Ministry of Justice site, or provided by Community Law, CAB, or court 

3. Once completed, the lawyer submits your application to Legal Aid Services for assessment.

4. Decision: if approved, Legal Aid Services notifies you and your lawyer, and issues funding. You may have to repay some or all later, depending on income and circumstances. In limited situations (e.g. certain family violence cases or very low income), you may be exempt from repayment .

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4. If issues arise

If you:

• Can’t find a lawyer who’ll take legal aid,

• Disagree with eligibility decision, or

• Are unhappy with your assigned lawyer,

you can:

• Choose a different legal aid lawyer or ask for help via Community Law or CAB to find one

• Request a review of the decision from the Legal Aid Commissioner, and if needed the Legal Aid Tribunal 

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5. Other help if you don’t qualify

• The Family Legal Advice Service provides free early advice for low-income applicants—even if you don’t qualify for full legal aid 

• You can represent yourself; in court you may bring a McKenzie friend (non-lawyer companion) to assist, take notes, and guide you—not a replacement for a lawyer but helpful support 

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 Quickstep Summary

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1. Check eligibility

Income, assets, case type, merit

1. Find a legal aid lawyer

Use Ministry tool, Community Law, CAB

1. Provide documents & meet with lawyer

Form help, financial and case info

1. Submit application

Via your lawyer to Legal Aid Services

1. Await decision

If granted, funding is issued; may require repayment

1. If unsuccessful or dissatisfied

Seek review, choose another lawyer, use free advice services

1. If ineligible

Explore Family Legal Advice Service or represent yourself with support (McKenzie friend)

📞 Support Contacts

• Legal Aid Services (Ministry of Justice): Phone 0800 253 425 

• Community Law Centres for free advice and support: check via communitylaw.org.nz 

• Citizens Advice Bureau (CAB NZ): free general advice and legal referral — all of New Zealand 

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Final notes

• Legal aid applications are handled by your selected lawyer—not by yourself directly.

• Have all financial documents ready, including partner and dependents’ details.

• Be prepared that even if approved, you might need to repay the aid later depending on income/assets.

• Community organisations and referral sources can help if you're struggling to find a lawyer or qualify.

If you’d like help locating your nearest community law centre or CAB branch in your area, let me know—I can help with that too.

Piers Blomfield

pd@blomfieldlegal.co.nz

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