New Zealand Law Society - Civil legal aid for under 2% of legal aid recipients

Civil legal aid for under 2% of legal aid recipients

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Information released by Justice Minister Andrew Little shows that 1.9% of legal aid recipients in the year to 11 March 2019 were aided for civil matters. Legal aid lawyers also had an average of 39.9 open legal aid cases each month.

Mr Little has provided information on legal aid in response to a series of written parliamentary questions from National MP Mark Mitchell.

In the year to 11 March 2019 there were 74,464 recipients of legal aid, of whom three-quarters received legal aid for criminal proceedings.

Recipients of legal aid services by area of law, year to 11 March 2019

Law type Recipients % Total
Civil 1,410 1.9%
Criminal 56,237 75.5%
Family 16,674 22.4%
Waitangi 143 0.2%
     
Total 74,464  

Regions

The highest proportion of recipients were in the Auckland area, although the location of one-eighth was unknown

Recipients of legal aid services by region, year to 11 March 2019

Region Recipients % Total
Auckland 17,720 23.8%
Bay of Plenty 7,454 10.0%
Canterbury 6,763 9.1%
Gisborne 1,731 2.3%
Hawke's Bay 3,681 4.9%
Manawatu-Whanganui 3,680 4.9%
Marlborough 555 0.7%
Nelson 1,392 1.9%
Northland 3,379 4.5%
Otago 2,185 2.9%
Southland 1,203 1.6%
Taranaki 1,571 2.1%
Waikato 6,574 8.8%
Wellington 7,080 9.5%
West Coast 484 0.6%
Unknown 9,012 12.1%
     
Total 74,464  

Ethnicity

Mr Mitchell also requested information on legal aid recipients by ethnicity. The following information was provided:

Recipients of legal aid services by ethnicity, year to 11 March 2019

Ethnicity Recipients % Total
African 2 0.0%
Australian 2 0.0%
Chinese 135 0.2%
Cook Island Maori 878 1.2%
Fijian 8 0.0%
Indian 322 0.4%
Middle Eastern 2 0.0%
Multiple ethnicity 1603 2.2%
Niuean 129 0.2%
NZ European or Pakeha 10,087 13.5%
Māori 13,765 18.5%
Other 2,272 3.1%
Other Asian 1 0.0%
Other European 252 0.3%
Other Pacific Islander 2 0.0%
Samoan 1,284 1.7%
Somalian 5 0.0%
South African 1 0.0%
Tokelauan 9 0.0%
Tongan 692 0.9%
Unknown 43,013 57.8%
     
Total 74,464  

Open legal aid cases

Mr Little provided information in response to a number of questions from Mr Mitchell about the number and type of open civil legal aid cases at 11 March 2019. He revealed that at 11 March 2019, 2,015 solicitors were approved to undertake legal aid services.

For the purposes of the statistics, "open cases" were defined as cases that are open in the Legal Services Management System database. This indicates that no final invoice has been received from the legal aid provider, although the legal matter may have been disposed of by the court with a final invoice pending.

A question on the average number of open cases that an individual solicitor providing legal aid services had per month between 1 July 2018 and 11 March 2019 found that there was an average of 39.87 per solicitor each month.

Average open cases per month for individual legal aid solicitor, 1 July 2018 to 11 March 2019

Region Providers Open cases Average
Auckland 444 14,385 32.4
Bay of Plenty 130 5,096 39.1
Canterbury 159 5,734 36.1
Gisborne 30 1,314 44.1
Hawke's Bay 52 2,262 43.8
Manawatu-Whanganui 55 2,638 48.1
Marlborough 12 370 31.7
Nelson 41 1,078 26.1
Northland 64 2,363 37.2
Otago 62 1,819 39.5
Southland 30 915 30.3
Taranaki 35 1,123 31.8
Tasman 1 1 1.0
Waikato 124 4,432 35.7
Wellington 181 6,847 37.9
West Coast 7 424 58.9
Unknown 8 6,357 NA
       
Total 1,434 57,157 39.9

Open cases by area of law

Information on open legal aid cases by area of law at 11 March 2019 showed a very high proportion (68%) of open civil legal aid cases were in Wellington. Open criminal and family legal aid cases tended to match the regional population size.

Open legal aid cases at 11 March 2019 by area of law and region

Region Civil Criminal Family
Auckland 447 11,252 3,356
Bay of Plenty 52 3,723 1,790
Canterbury 67 4,290 2,239
Gisborne 6 1,212 248
Hawke's Bay 17 1,727 651
Manawatu-Whanganui 4 1,817 1,092
Marlborough 1 293 131
Nelson 35 675 453
Northland 21 1,435 927
Otago 12 1,188 789
Southland 18 625 335
Taranaki 14 676 638
Tasman 0 0 0
Waikato 58 2,840 1,910
Wellington 1,572 3,616 1,932
West Coast 1 381 99
Unknown 1 6,852 9
       
Total 2,326 42,602 16,599