In New Zealand, Legal Aid is a government loan that helps pay for a lawyer if you cannot afford one. For family and civil matters (like dividing assets), the Ministry of Justice uses a “Means Test” based on your gross annual income (before tax).
Legal Aid Income Thresholds (2026)
The following limits apply to applications made from January 2026. If your income is below these amounts, you likely qualify for funding.
| Number of Dependants* | Single Applicant (Annual Income) | Partnered Applicant (Combined Income) |
| 0 (No dependants) | $28,984 | $45,900 |
| 1 (Child or Partner) | $45,900 | $66,005 |
| 2 dependants | $66,005 | $75,006 |
| 3 dependants | $75,006 | $83,816 |
| 4 dependants | $83,816 | $93,696 |
| 5 dependants | $93,696 | $101,888 |
| 6+ dependants | Add $8,192 per extra child | Add $8,192 per extra child |
Who is a “Dependant”? In NZ, this includes children in your care (they don’t have to live with you full-time) and a spouse or partner who has no income of their own.
Important Rules for Survivors
- Excluding the Abuser’s Income: If you are still living with the abuser but are applying to separate, their income is NOT counted toward your limit. You are treated as a “Single Applicant” for the purposes of the test.
- Asset Testing: Even if your income is low, Legal Aid will look at your assets. However, they usually ignore:
- The first $80,000 of equity in your home.
- Your car (unless it’s a high-value luxury/collector vehicle).
- Your household furniture, tools of your trade, and clothing.
- The Repayment Rule: Legal Aid for Relationship Property is almost always a loan. If you win a share of the house or a cash settlement, the government will ask you to pay the legal fees back from that money.
- Protection Orders are Free: If you are applying for a Protection Order, you may still qualify for Legal Aid even if you are slightly over these income limits, and in many cases, you do not have to pay this specific part of the loan back.
How to Apply
You do not apply to the Ministry of Justice directly. Instead:
- Find a lawyer who accepts Legal Aid (using the Lawyer Finder).
- The lawyer will give you the Legal Aid Application Form.
- You will need to provide Proof of Income: This is usually a letter from WINZ, your last 3 months of bank statements, or an IRD summary of earnings.
Legal Aid Debt
The Legal Aid Debt team at the Ministry of Justice is who you talk to once your court case is finished. They manage the repayments and any “charges” (loans) placed against your house or assets.
Contact Details
- Phone:0800 600 090 (Free from NZ mobiles and landlines)
- Select Option 1 for Legal Aid Debt.
- Select Option 2 for Crown Debt Management (Family Court costs).
- Email: legalaiddebt@justice.govt.nz
- Hours: Monday to Friday, 8:00 am – 5:00 pm.
3 Things You Can Ask the Debt Team
1. “Can I have my debt written off?” If you are in serious financial hardship (e.g., you can’t afford basic food and rent), you can apply for a “write-off.” This means they cancel the debt entirely.
- You can often apply for this over the phone at the number above, or fill out a Write-Off Application Form.
2. “Can I pause my repayments?” If you are moving house or have just left a violent relationship, you can ask for a “repayment holiday.” They can put your $10/week (or whatever you pay) on hold for a few months while you get back on your feet.
3. “Can I remove the charge on my house?” If the government has put a “caveat” or “statutory land charge” on your home, you can talk to the debt team about how to manage this if you need to sell the house or re-mortgage it to pay out the abuser.
Tips for Calling
- Have your Legal Aid Number ready: This usually starts with two numbers and a letter (e.g.,
26W123456). You can find it on any letter your lawyer gave you. - Mention Family Violence: The debt team has the discretion to be more flexible if they know the debt was caused by a family harm situation.
- NZ Relay Service: If you are deaf or hard of hearing, you can use the NZ Relay Service to contact them.
Staying Safe and Sane 