1. How Ministry of Justice Eligibility is Calculated
The Ministry of Justice evaluates legal aid applications using three primary criteria under the Legal Services Act 2011:
Calculated before tax, including wages, benefits, and support payments. Thresholds increase with the number of dependent children.
Savings, shares, investments, or home equity. The standard threshold is $2,000 for single applicants or $4,000 for families, excluding basic household chattels.
The court considers whether the charge carries a risk of imprisonment, loss of livelihood, or complex points of statutory law.
Case-by-Case Discretion: Even if your income slightly exceeds the baseline thresholds, Legal Aid Services has statutory discretion to grant aid if hiring private counsel would result in severe financial hardship, or if your case involves complex High Court litigation.
2. Criminal Legal Aid vs. Family Legal Aid
Criminal Legal Aid:
Available for summary and indictable offences facing the District Court, High Court, and Court of Appeal. Depending on the seriousness of the charge (offence category 1 to 4), the Ministry assigns counsel holding corresponding Provider Approval Levels (PAL 1 to 4). Chris Nicholls holds approval across all categories, including complex jury trials.
Family Legal Aid:
Covers disputes regarding Care of Children (custody and parenting orders), Urgent Without-Notice Protection Orders, and paternity disputes. Note: Legal Aid is generally not available for pure relationship property disputes unless exceptional hardship or domestic violence is involved.
3. Can You Choose Chris Nicholls as Your Lawyer on Legal Aid?
Yes. When completing your legal aid application, you have the right to nominate Chris Nicholls as your preferred Lead Provider.
If your case is a Category 2, 3, or 4 offence, or a complex Family Court matter, the Ministry of Justice will routinely assign your nominated counsel. We provide the application forms and submit them directly to the Wellington Legal Aid office on your behalf.
4. Do You Have to Pay Legal Aid Back?
Depending on your financial assessment, the Ministry of Justice may grant aid:
- Fully Non-Repayable: If your income is below the statutory threshold, the Crown covers all legal fees with no repayment obligation.
- Repayable in Installments: If you have moderate income or significant assets, the Ministry may impose a contribution order requiring affordable monthly repayments to the Crown.
Need Legal Aid in Wellington or Lower Hutt?
We assess your eligibility and handle the paperwork for you. Check your eligibility online or call our direct line.