We believe that everyone deserves access to high-quality legal representation, regardless of their financial situation. As a highly experienced criminal defence practice based in Auckland, we provide clear advice, strong advocacy, and dedicated representation for clients facing criminal charges locally and throughout New Zealand.

Legal Aid Criminal Defence

Can You Choose Your Own Legal Aid Lawyer?

Many people facing charges assume they have no say over who represents them when applying for legal aid. However, depending on the severity of the charges or the nature of the proceeding, you may be able to nominate your preferred lawyer.


We do legal aid. The right to choose your own lawyer on legal aid only applies if the maximum penalty is 14 years imprisonment or more or it is an appeal. There are some exceptions to this rule.


If your charge meets these criteria, such as serious violence, major drug offences, or complex commercial fraud, you can specifically request Daniel Schellenberg or a member of our team as your preferred counsel on your legal aid application form. This ensures you have a specialist criminal defence barrister fighting in your corner from the outset.

What Are the Exceptions to This Rule?

Even if your charge carries a maximum penalty of less than 14 years, the Ministry of Justice may allow an exception to the automatic assignment rule under certain circumstances. These exceptions generally include situations where:


  • Pre-existing relationship: A lawyer from our firm has previously represented you in recent or related legal matters.
  • Case complexity: The matter involves highly complex legal questions, extensive evidence, or multiple co-defendants requiring specific expertise.
  • Interests of justice: There are significant personal, cultural, or logistical factors that make continuity of counsel essential to your defence.


If you are unsure whether your case qualifies for an exception, our team can review your circumstances and provide practical guidance on your options.

Useful Tips & Advice

  • How do I apply for criminal legal aid?

    You can apply for legal aid by completing an application form at the court registry or by speaking with a duty lawyer during your first appearance in court. If your case qualifies for your choice of lawyer, ensure you write Daniel Schellenberg's name and details clearly in the preferred counsel section of the form.

  • What if my charge carries a maximum penalty under 14 years?

    If the maximum penalty for your charge is less than 14 years and no exceptions apply, the Ministry of Justice will automatically assign an available lawyer to your case. If you still wish to have our team handle your defence, you have the option to instruct us privately. We can discuss your options and outline our private fees during an initial consultation.

  • Can I use legal aid for a criminal appeal?

    Yes. You have a right of appeal on a variety of judicial decisions, including convictions, sentences, and bail matters. Daniel Schellenberg has Ministry of Justice approval to conduct criminal Legal Aid appeals to the High Court, Court of Appeal, and Supreme Court. Because all appeals fall under the choice of counsel rule, you have the absolute right to nominate our firm to handle your appellate work under legal aid.

Fantastic Lawyer

Fantastic Lawyer. Puts in the time and effort for his clients and there cases.Very easy to communicate with and very understanding.