iSAYSO
OIA 134631 — Separate Issue: Payment for Work Undertaken by Self-Represented Litigants
Dear Ms Noyce,
I write separately regarding a specific issue arising from the material released under OIA 134631.
The Ministry’s documents recognise that self-represented litigants undertake substantial work in preparing and conducting proceedings and may face significant procedural disadvantage compared with represented parties.
OIA_134631 – Lynch – Appendix 1.pdf
The Ministry also recognises a “justice gap” affecting people who cannot afford private representation but do not qualify for publicly funded legal assistance. The measures discussed in the released material focus principally on providing lawyers, duty lawyers, legal aid, community law services or other assistance.
OIA_134631 – Lynch – Appendix 1.pdf
However, I can identify no mechanism in the material released by the Ministry under this OIA which provides payment to a self-represented litigant for the necessary litigation work that person performs personally.
That distinction is important.
A represented litigant may incur lawyer’s fees for obtaining and analysing disclosure, preparing evidence, researching law, drafting pleadings and submissions, corresponding with other parties and attending court. Depending on the proceeding and outcome, some legal costs may ultimately be recoverable.
A self-represented litigant may undertake substantially the same necessary work personally, sometimes over months or years, but the documents released to me identify no equivalent hourly rate, daily rate, costs scale, allowance or reimbursement mechanism for that person’s labour and time.
This is particularly significant where self-representation is not simply a personal preference but occurs because a person:
cannot afford continuing legal representation;
does not qualify for legal aid;
has already incurred substantial legal fees;
cannot obtain suitable representation; or
must personally defend proceedings which are subsequently discontinued, dismissed, unsuccessful or shown to have involved material procedural or evidential deficiencies.
Accordingly, please answer the following as a separate and specific issue:
1. Does any statutory, regulatory, court-costs, compensation or administrative mechanism presently permit a self-represented litigant to recover reasonable payment for the necessary litigation work personally undertaken in preparing and conducting their proceeding?
If yes, please identify the mechanism, its legal basis and the method by which payment is calculated.
2. If no such mechanism exists, please confirm that expressly.
3. Has the Ministry considered establishing an hourly, daily or scale-based allowance for necessary litigation work undertaken personally by a self-represented litigant?
4. Has the Ministry considered such an allowance specifically where the person successfully defends a prosecution or other proceeding that is withdrawn, dismissed, struck out, unsuccessful, or materially affected by disclosure failure, factual error or procedural unfairness?
5. Has the Ministry considered whether the absence of such a mechanism creates an inequality between represented litigants, whose professional legal work may have recoverable monetary value, and self-represented litigants performing necessary litigation work themselves?
This question is distinct from legal aid.
I am asking about the economic recognition of the work actually performed by the litigant personally.
The Ministry’s own material acknowledges that effective access to justice requires more than the technical ability to enter a courtroom. Internal Ministry material records that the right of self-representation may become effectively “hollow” if a person cannot properly engage with and participate in the legal process.
OIA_134631 – Lynch – Appendix 1.pdf
Please therefore provide a direct response to each numbered question rather than referring generally to existing legal-aid or court-information services.
If the Ministry has undertaken no policy work on this issue, please state that clearly.
Regards,
Tracy Lynch
On Aug 28, 2026 at 7:49 AM, <[email protected]> wrote:
Tçnâ koe Tracy
Please find attached the Ministry’s response to your request of 27 July 2026.
Ngâ mihi,
Communications and Ministerial Services | Corporate Services
Ministry of Justice | Tâhû o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)
From: f.a.r.q <[email protected]>
Sent: Thursday, 6 August 2026 7:05 pm
To: [email protected]
Cc: Records <[email protected]>
Subject: Re: Clarification email for your request for information (our ref 134631)
Thank you for your email.
I provide the following clarification of my request.
Timeframe
Please search for information held by the Ministry from 1 January 2016 to the date the searches are completed. Where a policy, framework or document was created before 1 January 2016 but remained current, was relied upon, or informed Ministry work during this period, please include it.
Scope
My request is directed to the Ministry’s system-wide policy responsibilities regarding access to justice and self-represented litigants. It is not limited to any particular court, tribunal, jurisdiction or individual proceeding.
I seek information relating to self-represented litigants across proceedings administered or supported by the Ministry, including civil, criminal, family, tribunal, appellate and judicial review matters, particularly where individuals are required to engage with one or more publicly funded agencies.
The request includes any policies, strategies, work programmes, briefings, Cabinet papers, reports, research, internal advice, file notes, meeting records, emails, or other documents concerning:
- self-represented litigants and access to justice;
- the procedural and resource burden experienced by self-represented parties;
- mechanisms to recognise or address that burden;
- any consideration or development of policy in these areas; and
- records concerning the preservation of this correspondence and associated records under the Public Records Act 2005.
For clarity, I am not seeking legal advice or comment on the merits of any individual proceeding. I am seeking existing information held by the Ministry concerning its policy functions and responsibilities.
I note your acknowledgement that the request for clarification was made outside the seven-working-day period contemplated by section 15(1AA) of the Official Information Act. This clarification is provided to assist the Ministry to process the request efficiently and is not intended to replace or restart my original request of 27 July 2026.
Please confirm the Ministry’s recorded date of receipt and the current statutory due date for responding.
Thank you. I look forward to your response.
Tracy Lynch
On 6 Aug 2026, at 17:38, [email protected] wrote:
Tçnâ koe Tracy
Thank you for your request of 27 July 2026, requesting information under the Official Information Act 1982 (the Act). You requested:
Please advise:
- Whether the Ministry has any policy, strategy, or work programme relating to self-represented litigants and access to justice.
- Whether the Ministry has considered the procedural and resource burden placed upon self-represented parties involved in proceedings with multiple publicly funded agencies.
- Whether any mechanism exists to recognise or address the substantial time, expense, and procedural work undertaken by self-represented litigants in order to obtain disclosure, prepare evidence, and participate effectively in legal proceedings.
- Whether the Ministry has prepared or holds any briefings, reports, Cabinet papers, policy advice, or other documents relating to these issues.
- Whether this correspondence and all associated records, including internal emails, file notes, assessments, and decision-making records, will be preserved in accordance with the Public Records Act.
For the avoidance of doubt, I am not seeking legal advice or asking the Ministry to comment on the merits of any individual proceeding. I am seeking information about the Ministry’s policy responsibilities and any existing frameworks relevant to these matters.
Section 12(2) of the Act requires that information sought be specified with due particularity. This means the Ministry of Justice (the Ministry) must be reasonably able to identify the information requested.
As currently framed, your request is broad, and it is unclear what information and records fall within scope. Accordingly, under section 15(1AA) of the Act, we are seeking clarification of your request. Could you please confirm:
- The timeframe for the information you are seeking. For example, information from the most recent calendar year up to date, the last three calendar years, or between particular dates.
- Whether you are seeking information about these issues in relation to a particular court, tribunal, jurisdiction or type of proceeding.
We would appreciate receiving your clarification by 10 August 2026.
We apologise that our request for clarification is late, however, the Ministry is keen to provide you with a fulsome response and would appreciate your clarification.
If you are not satisfied with the way your request is being managed, you have the right under section 28 of the Act to complain to the Ombudsman. The Ombudsman can be contacted by telephone on 0800 802 602, by email at [email protected], or via the Ombudsman’s online complaint form.
Ngâ mihi,
Communications and Ministerial Services | Corporate Services
Ministry of Justice | Tâhû o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)
From: F Q <[email protected]>
Sent: Monday, 27 July 2026 4:11 pm
To: [email protected]; Records <[email protected]>
Subject: Access to justice policy and self-represented litigants
I write following correspondence with The Treasury regarding access to justice and the procedural burden experienced by self-represented litigants.
The Treasury has confirmed that the Ministry of Justice is the government lead on access-to-justice policy and that any policy work relating to self-representation would be led by the Ministry. Treasury also advised that its role is limited to providing fiscal and economic advice where appropriate.
Accordingly, I seek clarification of the Ministry’s position.
Please advise:
Whether the Ministry has any policy, strategy, or work programme relating to self-represented litigants and access to justice.
Whether the Ministry has considered the procedural and resource burden placed upon self-represented parties involved in proceedings with multiple publicly funded agencies.
Whether any mechanism exists to recognise or address the substantial time, expense, and procedural work undertaken by self-represented litigants in order to obtain disclosure, prepare evidence, and participate effectively in legal proceedings.
Whether the Ministry has prepared or holds any briefings, reports, Cabinet papers, policy advice, or other documents relating to these issues.
Whether this correspondence and all associated records, including internal emails, file notes, assessments, and decision-making records, will be preserved in accordance with the Public Records Act.
For the avoidance of doubt, I am not seeking legal advice or asking the Ministry to comment on the merits of any individual proceeding. I am seeking information about the Ministry’s policy responsibilities and any existing frameworks relevant to these matters.
If any part of this request is more appropriately dealt with under the Official Information Act 1982, please treat it as a request under that Act.
I look forward to your response.
Kind regards,
Tracy Lynch