Legal Needs Survey highlights gaps in access and support

A recent survey conducted by the Ministry of Justice in collaboration with the Ministry for Business, Innovation, and Employment has shed light on the legal challenges faced by New Zealanders.

The 2023 Legal Needs Survey, which involved over 5,000 participants, found that a third of New Zealand adults experienced at least one major legal problem in the past year. Vulnerable groups such as disabled individuals, the LGBT+ community, single parents, Māori, and those seeking employment were disproportionately affected.

Top concerns

Among the 13 categories of issues surveyed, consumer complaints were the most prevalent, with 18% of respondents reporting problems arising from online or offline purchases. Financial distress, including debt and housing issues, was another major concern, impacting 7% of respondents. Housing issues, such as landlord-tenant disputes and land conflicts, were reported by 5% of respondents. Employment-related issues affected another 5%.

Notably, 54% of disabled respondents reported experiencing legal challenges, along with 49% of LGBT+ individuals, 46% of single parents, and 45% of Māori participants.

Individuals from lower-income households (below $30,000 annually) were more likely to face financial, welfare, and housing issues, while higher-income households encountered more issues with online transactions and financial service providers.

Prolonged legal battles

The report also highlighted the duration of legal issues. While 62% of cases were resolved within six months, 13% extended beyond two years. Prolonged legal issues often led to more severe consequences, with 34% of cases lasting over two years rated as having severe impacts.

Severe impacts were notably more common in cases involving family, housing, employment, and government services. For instance, 67% of family-related issues were rated as having a high or severe impact. Respondents reported severe emotional and financial tolls, with nearly 60% of cases associated with mental health struggles and 38% involving financial loss. Long-term issues compounded these effects, with 43% of cases persisting over six months reporting at least three adverse outcomes.

Resolution challenges and help-seeking behaviours

Mutual agreement between parties was the most frequent resolution method (35%), but 22% of respondents ultimately “gave up” on their cases, especially for consumer issues. The report found that only 5% of cases led to formal applications to courts or tribunals, though this increased to 21% for family and relationship matters.

The report also underscored a gap in help-seeking behaviours. For 8% of unresolved cases, respondents took no action, often feeling that any effort would be futile. Over half (52%) sought information independently, typically via the Internet. Family and friends were the most common external sources of support, while legal aid and community resources like Citizens Advice Bureaus played substantial roles in 17% of cases. However, only 14% of cases utilised help from multiple providers, despite complex cases like family or housing issues often requiring such support.

Efficacy of support providers and barriers to access

Nearly two-thirds (64%) of respondents felt that assistance received from service providers contributed to resolving their issues, with private lawyers and tribunal services rated as most effective. In contrast, online dispute resolution platforms were perceived less favourably, with 37% of respondents reporting that these services did not help resolve their issues.

Barriers to resolution were particularly pronounced among disabled individuals, who were less likely to feel that service providers helped them understand their options or gain confidence in the process.