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Denham Bramwell – Family Legal Aid Guide
Family and Civil Litigation Lawyersat Denham Bramwell are registered Legal Aid providers. If you qualify for legal Aid, the team can assist you in Court with matters such as:
- Parenting
- Guardianship and Care of Children
- Protection Orders
- Care and protection orders for children and young persons (Oranga Tamariki)
- Paternity
- Child Support or maintenance
- Adoption
- Protection of Personal and Property Rights Act applications Relationship property
- Civil disputes
Legal Aid is not available for dissolution of marriage proceedings.
What is Legal Aid?
Legal Aid is funding provided by the government to pay your lawyer for legal fees. It covers legal advice and representation for people who may not be able to afford it on their own. While there are situations where Legal Aid does not have to be repaid (for example when your income is below a threshold or you are the Applicant in Family Violence proceedings), generally speaking, Legal Aid is a loan that needs to be repaid.
Who qualifies for Legal Aid?
If you receive a government benefit/pension/student allowance, it is likely you will be eligible for Legal Aid. There are certain eligibility requirements to be met to qualify for Legal Aid.
Legal Aid is both income and asset tested. This means you need to show that you don’t have the financial means to pay a lawyer privately.
The amount you earn before tax is one of the main considerations and this will vary depending on how many dependants you have (children in your care and/or non-working partner). If you have a partner, their finances will be taken into account too.
The maximum levels of income and disposable capital used for determining whether you are eligible for family or civil Legal Aid are in the Legal Services Regulations 2011. This table indicates whether you're eligible for funding. It shows the most you can earn to qualify, but that maximum income varies with the number of your dependants:
- Parenting
- Guardianship and Care of Children
- Protection Orders
- Care and protection orders for children and young persons (Oranga Tamariki)
- Paternity
- Child Support or maintenance
- Adoption
- Protection of Personal and Property Rights Act applications Relationship property
- Civil disputes
Legal Aid is not available for dissolution of marriage proceedings.
What is Legal Aid?
Legal Aid is funding provided by the government to pay your lawyer for legal fees. It covers legal advice and representation for people who may not be able to afford it on their own. While there are situations where Legal Aid does not have to be repaid (for example when your income is below a threshold or you are the Applicant in Family Violence proceedings), generally speaking, Legal Aid is a loan that needs to be repaid.
Who qualifies for Legal Aid?
If you receive a government benefit/pension/student allowance, it is likely you will be eligible for Legal Aid. There are certain eligibility requirements to be met to qualify for Legal Aid.
Legal Aid is both income and asset tested. This means you need to show that you don’t have the financial means to pay a lawyer privately.
The amount you earn before tax is one of the main considerations and this will vary depending on how many dependants you have (children in your care and/or non-working partner). If you have a partner, their finances will be taken into account too.
The maximum levels of income and disposable capital used for determining whether you are eligible for family or civil Legal Aid are in the Legal Services Regulations 2011. This table indicates whether you're eligible for funding. It shows the most you can earn to qualify, but that maximum income varies with the number of your dependants:
Number of Dependants
Maximum annual income (before tax and any deductions) from 1 July 2023
Maximum annual income (before tax and any deductions) from 1 July 2024
Maximum annual income (before tax and any deductions) from 1 July 2025
0 (you have no dependants)
$27,913
$28,444
$28,984
1 (partner or child)
$44,205
$45,044
$45,900
2 (partner and/or children)
$63,567
$64,775
$66,005
3 (partner and/or children)
$72,235
$73,608
$75,006
4 (partner and/or children)
$80,719
$82,253
$83,816
5 (partner and/or children)
$90,235
$91,949
$93,696
6 or more (partner and/or children)
Add $8,192 for each additional child
Add $8,192 for each additional child
Add $8,192 for each additional child
Legal Aid will also consider the value of your assets, such as funds in the bank. any property you own and vehicles. Even if you own your own home, you may still be entitled to Legal Aid if your income is below the threshold.
There are other factors that are taken into account in determining eligibility including:
- whether you have reasonable grounds for being involved in the case
- your prospects of success
- whether the cost of your case is likely to outweigh the benefit you could get from a successful outcome
- whether for any reason it is unreasonable or undesirable for you to get Legal Aid for the case
- whether you are up to date with your repayments from a previous Legal Aid debt.
How do I get Legal Aid?
The process of applying for Legal Aid involves filling out an application form and providing evidence of your income (such as pay slips, a letter from MSD or financial statements from an accountant as a few examples).
Your application will then be assessed by Legal Aid and if approved you will be advised about how much you might expect to have to repay and how this should occur. If granted Legal Aid, your lawyer must advise the Court and the other parties in your case that you are Legally Aided.
Legal Aid is there to ensure that those without financial means are able to access legal advice and representation when they need it, so take advantage of this service if you qualify for it. You can find more information on the Ministry of Justice website: https://www.justice.govt.nz/courts/going-to-court/legal-aid
There are other factors that are taken into account in determining eligibility including:
- whether you have reasonable grounds for being involved in the case
- your prospects of success
- whether the cost of your case is likely to outweigh the benefit you could get from a successful outcome
- whether for any reason it is unreasonable or undesirable for you to get Legal Aid for the case
- whether you are up to date with your repayments from a previous Legal Aid debt.
How do I get Legal Aid?
The process of applying for Legal Aid involves filling out an application form and providing evidence of your income (such as pay slips, a letter from MSD or financial statements from an accountant as a few examples).
Your application will then be assessed by Legal Aid and if approved you will be advised about how much you might expect to have to repay and how this should occur. If granted Legal Aid, your lawyer must advise the Court and the other parties in your case that you are Legally Aided.
Legal Aid is there to ensure that those without financial means are able to access legal advice and representation when they need it, so take advantage of this service if you qualify for it. You can find more information on the Ministry of Justice website: https://www.justice.govt.nz/courts/going-to-court/legal-aid
We have offices in Manukau, Albany and Whangaparaoa
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