Reasonable costs guidance – legal services

All expenditure to progress a takutai moana application must be on eligible costs and it must be reasonable. This page provides guidance on what reasonable expenditure looks like for Legal Services. If your planned expenditure falls outside the guidelines, please talk to the funding team (fundingtakutai@tearawhiti.govt.nz or 0800 866 222) before incurring costs to ensure they can be met by the scheme.

See also:

Reasonable costs guidance – project management, travel, and hui >> Reasonable costs guidance – historical research >>

The tables below gives an overview of the types of tasks you can expect to be undertaken by legal professionals to progress your takutai moana application.

Hourly rates provided are a guideline.

For court activities there is also guidance on the expected number of hours for various court-related activities.

Job level Hourly rate excl. GST Role description Types of task

Senior Associate/

Solicitor/Barrister

 $250–$350

This role is largely focused on:

  • drafting legal documents and legislative interpretation with a policy focus
  • reviewing work produced by associates
  • contributing to the supervision of tasks and junior staff outputs
  • Provides legal advice
  • Oversees junior staff and undertakes review of documents for court
  • Strong strategy focus to resolve ambiguities to support the application
Solicitor/Associate  $150–$250 This role usually operates under the supervision of a senior associate or partner. This role is responsible for:
  • making legal recommendations
  • assisting with day-to-day activities in the administration of the client’s application
  • Assists senior lawyers to prepare court documents
  • Provides legal and administrative support
  • Researches the law and relevant statutes to assist in court strategy
Junior (including law clerk, paralegal)  Up to $150 This role has a strong focus on:
  • drafting documents
  • managing client engagement
  • due diligence tasks associated with a client’s file
  • Manages and sets up client files
  • Undertakes due diligence
  • Assesses legal precedents
  • Drafts documents
  • Witnesses’ affidavits

Note: The level of lawyer should be appropriate for the legal task. In limited circumstances, the services of a King’s Counsel (KC) may be appropriate. If you need the services of a KC, please discuss with the funding team first.

Court preparation time

Case management and judicial conferences
Up to five hours of court preparation time (total) per legal team member per hearing.

Interlocutory hearings
Up to 15 hours of court preparation time (total) per legal team member.

Substantive and appeal hearings
Up to 80 hours of court preparation time (total) per legal team member.

Travel time
Travel time can be charged at 55% of the hourly rate. This allowance cannot be charged on top of any other payment for any other activity that takes place at the same time.

Note: Time to prepare common bundle is funded in addition to the above.

Time in court
Up to 50 hours per week for senior members of the legal team and 40 hours per week for junior members, to include review time outside of hearing hours.

Note: Work can be undertaken by more than two members of a legal team, but the total hours should not exceed 90 hours.

Size of legal team
Billed hours should equate to no more than two members of a legal team per application within the limits on hours specified above. 

Note: All rates in this guidance are based on a combination of actual costs incurred by applicants to date, consideration of market rates and government expenditure policies for matters such as travel and accommodation.

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