Everyone must be able to access justice when they need it. There are a wide range of reasons why someone might need to interact with the legal system, for example, family and custody disputes, employment issues, difficulties with a landlord, or resolving business disputes.
Access to justice includes:
- being able to find and understand information about your legal issue, and options available to resolve it
- access to a lawyer and legal advice, including legal aid where eligible
- the ability to effectively enforce your legal rights through the courts and tribunals, and other dispute resolution options.
Access to justice is one of the main challenges to the rule of law in Aotearoa New Zealand
The Law Society’s Strengthening the rule of law in Aotearoa New Zealand report (Rule of Law Report) identified access to justice as one of the main challenges to the rule of law in Aotearoa New Zealand. This finding was based on consultation with the legal profession, and observations from the Law Society’s law reform and advocacy work in recent years.
Key concerns identified in the Report
- Legislation is often unclear and unnecessarily complex, and people have trouble accessing up to date information on legal rights and responsibilities, as well as how to identify and resolve disputes.
- There remain significant barriers to accessing lawyers and legal advice. Cost barriers can create the perception that justice can only be accessed by those with enough money. But in addition to cost, people can find it hard to get a lawyer in certain regions and may experience language barriers.
- The legal aid scheme, which is intended to ensure access to justice for those who could not otherwise afford it, is struggling. There are insufficient legal aid lawyers in some practice areas or parts of the country, and fewer lawyers are willing to undertake legal aid work due to low levels of remuneration, high administrative burden, and the increasing cost of running a legal practice.
- There remain delays in the courts and tribunals, the causes of which are systemic and not attributable to any one factor. Delayed justice can result in poor outcomes for the public and undermine confidence in the justice system.
- The costs of commencing or defending a legal proceeding extend beyond the cost of legal advice. Court fees, which increased significantly in some areas in 2024, can make the overall cost of proceedings more pronounced for parties on lower incomes.
- Due to a history of underinvestment, many courthouses are in poor condition, have limited space, or are no longer fit for use. This can result in court closures for repairs and strengthening, as well as health, safety and security concerns that impact all court users.
What can be done to improve access to justice
The Rule of Law Report, which was published in 2025, makes 17 recommendations that could help to improve access to justice in Aotearoa New Zealand, and strengthen the rule of law.
A key theme of these recommendations is the need for adequate funding and resource to:
- invest appropriately in the legal aid system and duty lawyer scheme, including to provide fair remuneration for legal aid lawyers and meet increasing demand
- enable suitable technology for the courts, tribunals and dispute resolution bodies, as well as suitable facilities for using that technology
- increase investment in courthouses, both for maintenance and improvements
- enable ‘solutions-focused’ courts, as well as initiatives designed to address social, cultural and language barriers in the courts to operate more widely across the country.
- ensure Community Law Centres and Te Ara Ture are funded and supported to continue providing free legal advice to their communities.
To help the public to access and understand the law, legislation should be as clear and simple as possible to comply with, especially where it imposes obligations on the public. This should be supported by public information and legal guidance, especially when new laws are to come into force.
