New Zealand Law Society - 89% of legal aid applications granted

89% of legal aid applications granted

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Information released by Associate Justice Minister Simon Bridges shows that about 89% of applications for legal aid in the year to 30 June 2016 resulted in legal aid being granted.

Responding to written parliamentary questions from Green Party MP David Clendon, Mr Bridges' data showed that legal aid applications related to mental health issues were most likely to be granted, at 99.6%. Civil (63.6%) and Supreme Court (54.8%) legal aid applications were least likely to be granted.

The information shows a decline in legal aid applications in the five years to 30 June 2016, with a drop of 3.8%. This was largely driven by a 21.3% fall in applications for family legal aid and a 56.0% drop in civil legal aid applications. Applications for criminal legal aid rose by 2.9% over the period.

Applications for legal aid, year to 30 June

Area of law 2016 2015 2014 2013 2012
Criminal 62,233 57,472 54,923 57,836 60,476
Family 20,006 19,678 23,202 24,624 25,426
Civil 1,619 1,579 1,985 2,673 2,526
Māori Land Court 1 1 6 5 6
Māori Appellate Court 0 1 0 0 2
Refugee and protected
persons
263 263 232 239 229
Mental Health 6,133 5,626 5,725 5,486 5,226
Court of Appeal 414 421 439 515 461
Supreme Court 73 56 51 41 44
Total 90,742 85,097 86,563 91,419 94,396


Over the five years to 30 June 2016, the total of legal aid applications which were granted fell by 2.2%. While there was a rise of 5.6% in criminal legal aid applications granted, grants of family legal aid fell by 21.6% and grants of civil legal aid fell by 39.0%.

Applications for legal aid granted, year to 30 June

Area of law 2016 2015 2014 2013 2012
Criminal 54,621 50,143 47,921 49,983 51,708
Family 18,364 18,144 21,404 22,787 23,421
Civil 1,025 968 1,406 2,045 1,683
Māori Land Court 1 0 4 3 2
Māori Appellate Court 0 1 0 1 0
Refugee and protected
persons
238 219 216 237 215
Mental Health 6,106 5,613 5,682 5,525 5,180
Court of Appeal 301 274 371 324 309
Supreme Court 40 21 24 23 22
Total 80,696 75,383 77,028 80,928 82,540


 The proportion of legal aid applications which were granted rose slightly over the five years to 30 June 2016, with a slight dip in the proportion of family legal aid applications granted, and a rise in the proportion of criminal legal aid applications granted.

Proportion of legal aid applications which were granted, year to 30 June

Area of law 2016 2015 2014 2013 2012
Criminal 87.8% 87.2% 87.3% 86.4% 85.5%
Family 91.8% 92.2% 92.3% 92.5% 92.1%
Civil 63.3% 61.3% 70.8% 76.5% 66.6%
Māori Land Court 100.0% 0.0% 66.7% 60.0% 33.3%
Māori Appellate Court N/A 100.0% N/A N/A 0.0%
Refugee and protected
persons
90.5% 83.3% 93.1% 99.2% 93.9%
Mental Health 99.6% 99.8% 99.2% 100.7% 99.1%
Court of Appeal 72.7% 65.1% 84.5% 62.9% 67.0%
Supreme Court 54.8% 37.5% 47.1% 56.1% 50.0%
Total 88.9% 88.6% 89.0% 88.5% 87.4%


Notes from Mr Bridges state that the data is drawn from the Legal Aid Services database, and this is subject to change as new data is continually recorded and/or recoded. Where a legal aid case changes - for example, where a case moves from being heard in the Court of Appeal to the Supreme Court - the case will count once in each count.