Access Denied: Barriers to Civil Legal Aid and Justice in New Zealand

Abstract

This paper addresses the growing access to justice crisis in New Zealand with a particular focus on civil legal aid. Due to rising legal costs, the civil justice system is becoming largely inaccessible for a substantial portion of the population. Low-to- middle-income New Zealanders are disproportionately affected by the inaccessibility of the system and legal aid’s failures. These individuals are effectively excluded from seeking legal remedies. This exclusion impedes their ability to protect their rights and undermines the rule of law by fostering systemic inequalities. Despite being designed to bridge the ‘justice gap’, the civil legal aid system has been widely criticised for its stringent eligibility criteria, financial disincentives, and the shortage of legal aid lawyers. The shortcomings create substantial barriers to justice. As a result of the inaccessibility, many are turning to self-representation.

Part II examines access to justice in New Zealand, beginning with its historical roots and milestones. Part III explores the civil justice system’s significance, highlighting how society's perception of the system contributes to its inaccessibility. Part IV explores the purpose and structure of the civil legal aid system, highlighting the systemic barriers burdening the system. Part V identifies the three primary issues undermining the system: financial burden, eligibility constraints and the shortage of civil legal aid lawyers. This part then discusses the rise in self-representation as a direct consequence of these failures. The paper concludes by holding that the current system is insufficient to provide adequate access to justice.