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Latest legal aid statistics now in Legal Services

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As noted in Legal Services (online ed, Thomson Reuters) on Westlaw New Zealand, the September 2023 update of justice statistics from the Ministry of Justice (MOJ) includes 10 years of data on legal aid grants and expenditure. The data reveal increases in the 2022/2023 financial year following decreases in 2021/2022.

The latest statistics, which are published at MOJ “Justice statistics > Data tables” <www.justice.govt.nz> and updated every six months, include the following data on legal aid for the decade ending June 2023:

Number of legal aid grants

Year

Criminal legal aid*

Family legal aid

Civil legal aid

Waitangi Tribunal
legal aid

Total

2013/2014

47,923

21,419

1,412

65

70,819

2014/2015

50,145

18,155

976

63

69,339

2015/2016

54,621

18,364

1,032

129

74,146

2016/2017

56,057

17,897

1,021

152

75,127

2017/2018

57,488

17,885

1,227

206

76,806

2018/2019

58,104

17,485

1,171

296

77,056

2019/2020

57,116

18,126

1,163

161

76,566

2020/2021

56,753

19,420

1,170

136

77,479

2021/2022

46,866

17,232

1,075

165

65,338

2022/2023

54,530

(+16% on previous year)

18,702

(+9%)

1,352

(+26%)

182

(+10%)

74,766

(+14%)

 

Legal aid expenditure

Year

Criminal legal aid*

Family legal aid

Civil legal aid

Waitangi Tribunal
legal aid

Total

2013/2014

$47,614,216

$43,058,752

$6,356,325

$12,503,122

$109,532,415

2014/2015

$58,044,885

$41,781,972

$5,404,373

$13,879,009

$119,110,239

2015/2016

$62,076,572

$43,479,034

$6,186,983

$13,663,534

$125,406,122

2016/2017

$68,794,351

$42,400,602

$5,599,516

$15,487,388

$132,281,857

2017/2018

$81,093,364

$45,152,410

$5,748,427

$15,871,030

$147,865,231

2018/2019

$96,498,233

$46,809,111

$6,088,199

$16,409,801

$165,805,345

2019/2020

$108,143,935

$48,678,167

$6,474,832

$15,181,263

$178,478,198

2020/2021

$127,395,995

$56,660,283

$6,957,760

$20,724,947

$211,738,984

2021/2022

$119,443,795

$54,991,781

$7,496,413

$18,176,178

$200,108,167

2022/2023

$163,418,557

(+37% on previous year)

$66,207,276

(+20%)

$10,727,554

(+43%)

$19,076,107

(+5%)

$259,429,493

(+30%)

* A note to the data says: “The criminal grants and expenditure on criminal legal aid exclude those grants assigned to the Public Defence Service (PDS) because they are not funded from legal aid. Other information about criminal legal aid is on the same basis.” That is, criminal legal aid grants assigned to PDS lawyers are funded from a separate Budget appropriation (PDS rather than Legal Aid).

 

Additional tables break down the number of legal aid grants by region, gender of applicant, ethnicity of applicant and age of applicant.

While the data tables do not provide commentary/analysis on the recent fluctuations, contributing factors are likely to include:

  • The reduced effect of COVID-19 in 2022/2023 compared with its significant effect in 2021/2022 (as noted in an earlier post).
  • The 12% increase in legal aid hourly rates from 1 July 2022 (discussed here) – a component of the legal aid initiatives announced in Budget 2022 (discussed here).
  • The 15% increase in legal aid eligibility thresholds on 1 January 2023 (noted here) – also part of the Budget 2022 initiatives.

The data above and other legal aid statistics are noted in Legal Services at [LA3.08] on Westlaw New Zealand.

By Kevin Leary

Kevin Leary is a Senior Legal Editor in the New Zealand Analytical Law team at Thomson Reuters. He has more than 20 years' experience as an editor of bound books, looseleafs, precedents and their digital equivalents.

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