25 1 Part 1: Achieving Access 1.4 Representation 62 Everyone who is charged with an offence has the right to consult and instruct a lawyer, and the right to receive legal assistance without cost if the interests of justice so require, and the person does not have sufficient means to provide for that assistance.²⁵ A defendant also has a right to a fair and public hearing by an independent and impartial court.²⁶ In order to exercise this combination of rights people will generally need assistance and probably representation.²⁷  In civil cases, the principles of natural justice may also mean that litigants require representation.   63 However, access to representation is not a given in all situations.  In several countries there are increasing numbers of unrepresented litigants, particularly in civil and family cases.²⁸  Empirical research in New Zealand is limited. We do not know for certain whether their numbers in courts are increasing, whether some who are unrepresented are in this situation by choice or whether they would have preferred or really needed representation (by a lawyer or otherwise). Nor do we know the profile of unrepresented litigants. 64 Some research is being done. The LSA has reviewed legal needs in the Auckland region. The review noted that representation is offered by some CLCs, but a lack of resources means the need for representation is not being met for low income and low skilled communities.²⁹ Community law centres in Christchurch and Taranaki are currently undertaking assessments of unmet legal need in their areas, with the assistance of the LSA.³⁰ The Manawatu CLC has assessed the legal service needs of Maori in their area in conjunction with Aronui Associates, funded by Te Puni Kokiri.³¹   65 The National Association of Citizens Advice Bureaux noted that their statistics showed an increase in the need for free or low cost and accessible legal advice. There is some evidence, too, that duty solicitors in the District Courts are 25    New Zealand Bill of Rights Act 1990, s 24(c) (d) and (f). 26    New Zealand  Bill of Rights Act 1990, s 25(a). 27    See J L Huber “Legal Representation of Indigent Criminal Defendants in South Africa: Possibilities under the 1994 Constitution” (1995) 5 Duke J Comp & Int’l L 425. 28    In Ontario, unrepresented litigants in the province’s family courts rose almost 500 percent in four years: L Cohen “Unrepresentative Justice” (2001) Canadian Lawyer 40.  For the UK see G Appleby “Justice without Lawyers: Litigants in Person in the English Civil Courts” (1997) Holdsworth Law Rev 109, 110. For USA see L Mather “Changing Patterns of Legal Representation in Divorce: From Lawyers to Pro Se” (2003) 30(1) Journal of Law and Society, 137 155. For Australia see D Farrar “Litigants in Person the Story so Far” (2001) 15  Australian Family Lawyer 4. 29    Legal Services Agency Executive Summary: Auckland Review, 1 February 2002. The review shows that types of people with unmet legal needs include Maori and Pacifi c peoples, new immigrants and people with disabilities. 30    Some unmet needs are clear from the statistics of CLCs. The Whitireia CLC found that it was responding to increasing numbers of inquiries from the Hutt Valley so offered an outreach service to Hutt Valley residents which has now become a separately funded Law Centre. 31    See Manawatu Community Law Centre, above n 18.