New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In any case to which this section applies, the Council of the New Zealand Law Society or a District Council may, if in its opinion it is expedient to do so, take possession of any records or documents belonging to the solicitor or held in his possession or under his control in the course of his practice.
(2) For the purposes of this section, the Council or District Council may serve on any postmaster a notice signed by 2 of its members requiring the postmaster to cause to be delivered to the Society or the District Law Society all postal articles addressed to the solicitor at his office address; and it shall be the duty of the postmaster to comply with the notice.
(3) The Council or District Council may apply to a Judge of the High Court or a District Court Judge for a writ or warrant to empower any member of the Council or District Council, or any other person on its behalf, to enter upon any premises, by force if necessary, and search for any records or documents of which the Council or District Council is entitled to take possession and to remove them to such place as he thinks fit.
(4) Where any person is empowered by a writ or warrant issued under subsection (3) of this section to enter upon any premises, he may be accompanied when so entering by a member of the Police.
(5) Where any documents belonging to any person other than the solicitor are received by the Council or District Council under this section, they shall be held by the Council receiving them until any application made under section 84 of this Act and relating to those documents is disposed of by the Court, or, as the case may be, until the time for making such an application has expired without an application being made.
(6) Thereafter, subject to any order made by the Court on such an application, the documents shall be delivered, on demand made by the person to whom they belong, to that person or to such other person as he may direct in writing.
(7) For the purpose of ascertaining the true position concerning any trust account of the solicitor, or any money or other property entrusted to him, the Council or District Council may cause such entries as may be necessary to be made in any such records, or cause any entries therein to be amended.
(8) The Council or District Council may at any time apply to the Court for directions concerning any such records or documents.
(9) Subject to any order of the Court made under any provision of this Part of this Act and to any lawful demand made under subsection (6) of this section, the Council or District Council may at any time in its discretion return any such records or documents to the person or persons from whom they were received.
(10) While any documents are in the possession of the Council or a District Council pursuant to this section, any lien or right to a lien which, but for this section, could be exercised by the solicitor shall enure for the benefit of the Council or District Council to the exclusion of the solicitor.
Compare: 1955 No 101 ss 97(2), (3A), (7), (8), 97A; 1962 No 121 s 5; 1967 No 128 s 6
