Do I need a lawyer when I request records, make a complaint, or make a claim?

You can get free legal advice at a community law centre 

Find a community law centreopen_in_new for free legal advice. A lawyer at the community law centre can give you advice but will not be able to represent you.

A community law centre lawyer can also help you find out if you are eligible for legal aid.  

You may be eligible for legal aid 

Legal aid is a loan that helps to pay the costs of a lawyer. If you cannot afford a lawyer, you might be eligible for legal aid. A legal aid lawyer can help you to apply for legal aid.

• Find a legal aid lawyeropen_in_new near you.
• Learn more about legal aidopen_in_new. 

A lawyer can help if there is a problem getting your records

 You could ask a lawyer to help make a complaint about or challenge: 

• an organisation’s refusal to let you access your records 
• redactions an organisation has made to your records. Redactions are when information is removed from your records before you can access them. 

Before you decide to take legal action, try making a complaint to the Office of the Privacy Commissioner first. Their service is free.

Find out how the Privacy Commissioner can help. 

A lawyer can help if you want to make a claim 

If you want to make a claim for redress for the abuse you have suffered, you can choose to take legal action against the state (government) or faith-based institution that was responsible.  

Your right to do this is not affected if you have made an out-of-court claim of historical abuse in state care. 

You can choose to have a lawyer represent you if you make a claim to a government agency

You do not have to, but you can choose to have your lawyer make the claim on your behalf. If you do, the government agency will communicate with your lawyer and your lawyer should update you on the progress of your claim.

You can also make the claim yourself if you are eligible, but it can be useful to have a lawyer to advise you.

If you do not have a lawyer, it might be a good idea to have other support. Find out about support that is available.

You can also talk to your lawyer about your options if you make a claim of historic abuse in State care, but do not accept the redress the government agency offers you.

Learn about making a claim of historic abuse. 

Find a lawyer to represent you

Find a lawyer by: 

• asking friends or family to recommend one to you. 
• checking out the New Zealand Law Society online database of lawyersopen_in_new 
• checking the The Law Association's nationwide database of lawyersopen_in_new (formerly known as the Auckland District Law Society)
• contacting your local branch of the New Zealand Law Societyopen_in_new.

If you can, try to find a lawyer with experience in record requests and/or abuse in care claims.