Plain language law

New Zealand law explained for everyone

We haven’t prepared a plain language version of this yet

We haven’t created a plain language version of this legislation yet. We’re working through New Zealand’s laws to make them more accessible to everyone, focusing on areas that impact the most people first.

If you’d like to see this particular legislation explained in plain language, please email us at hello@ackama.com with the subject “Plain language law” and mention this page — we’ll be happy to add it to our priority list.

Request a plain language version

Part 2Legal aid
When legal aid may be granted

10When legal aid may be granted: civil matters

  1. The Commissioner must, subject to this section and sections 11 to 13, grant legal aid to an applicant in respect of proceedings to which section 7 applies (civil matters) if the applicant is—

  2. a natural person, whether resident in New Zealand or not; or
    1. a trustee corporation (as defined in section 2(1) of the Administration Act 1969) that applies for legal aid in connection with proceedings in which it is concerned in a representative, fiduciary, or official capacity.

      1. The Commissioner must refuse to grant legal aid to an applicant whose income or disposable capital exceeds the relevant maximum level prescribed in regulations, unless the Commissioner is satisfied that there are special circumstances, having regard to—

      2. the likely cost of the proceedings to the applicant; and
        1. the applicant’s ability to fund the proceedings if legal aid is not granted.

          1. However, in the case of an application that comes within any of paragraphs (b) to (d) and (f) to (h) of the definition of specified application in section 4(1), it is sufficient, for the purposes of subsection (2), if the Commissioner has regard to either paragraph (a) or (b) of that subsection.

          2. The Commissioner must refuse to grant legal aid if the applicant has not shown that the applicant has reasonable grounds for taking or defending the proceedings or being a party to the proceedings.

          3. The Commissioner may, unless the interests of justice require otherwise, refuse to grant legal aid to an applicant if—

          4. any amount payable by the applicant in respect of a repayment of a previous grant of legal aid is in arrears; and
            1. the application made by the applicant does not come within any of paragraphs (b) to (d) and (f) to (h) of the definition of specified application in section 4(1).

              1. The Commissioner may refuse to grant legal aid to an applicant in any of the following circumstances:

              2. the Commissioner is unable to obtain full information concerning the applicant's financial affairs because of the default or failure of the applicant:
                1. in the opinion of the Commissioner, the prescribed repayment amount will exceed the likely cost of the proceedings for which legal aid is sought:
                  1. the applicant is not resident in New Zealand and the Commissioner considers that the proceedings might reasonably be brought in a jurisdiction other than New Zealand:
                    1. in the case of original proceedings,—
                      1. the applicant's prospects of success are not sufficient to justify the grant of legal aid; or
                        1. the grant of legal aid is not justified, having regard to the nature of the proceedings and the applicant's interest in them (financial or otherwise), in relation to the likely cost of the proceedings; or
                          1. for any other cause where it appears unreasonable or undesirable that the applicant should receive legal aid in the particular circumstances of the case:
                          2. in the case of an appeal (whether or not in respect of proceedings in which the applicant has received legal aid), the Commissioner considers that for any reason the grant of legal aid or further legal aid is not justified.

                            1. The Commissioner may refuse to grant legal aid to an applicant in respect of any original proceeding under an enactment specified in Schedule 2 if the Commissioner considers that the grant of legal aid is not justified.

                            2. In determining under subsection (5) whether a grant of legal aid is not justified, the Commissioner must have regard to—

                            3. any previous proceedings in the matter to which the application relates; and
                              1. any personal protection issues such as (without limitation) any orders relating to family violence (as defined in section 9 of the Family Violence Act 2018), protection of personal property rights, compulsory treatment, or compulsory care; and
                                  1. whether there are any complex factual, legal, or evidential matters that require the determination of a court; and
                                    1. whether it is in the public interest that legal aid be granted.

                                      Notes
                                      • Section 10(2): replaced, on , by section 6(1) of the Legal Services Amendment Act 2013 (2013 No 43).
                                      • Section 10(2A): inserted, on , by section 6(1) of the Legal Services Amendment Act 2013 (2013 No 43).
                                      • Section 10(3A): inserted, on , by section 6(2) of the Legal Services Amendment Act 2013 (2013 No 43).
                                      • Section 10(6)(b): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
                                      • Section 10(6)(c): repealed, on , by section 6(3) of the Legal Services Amendment Act 2013 (2013 No 43).