9 Misconduct defined in relation to provision of regulated services by employees

(1)

A lawyer is guilty of misconduct who, being an employee, provides regulated services to the public other than in the course of his or her employment—

(a)

by a lawyer; or

(b)

by a partnership comprised entirely of lawyers; or

(c)

by an incorporated law firm; or

(d)

by a community law centre; or

(e)

by the Ministry of Justice; or

(f)

by Public Trust; or

(g)

by the Maori Trustee; or

(h)

by a trustee company; or

(i)

by an employer organisation; or

(j)

by a union.

(1A)

Despite subsection (1), a lawyer is guilty of misconduct if, in the course of his or her employment—

(a)

by an employer organisation, he or she provides—

(i)

legal services to a person other than the organisation or a member of the organisation; or

(ii)

legal services to a member of the organisation that are not relevant to his or her or its membership of the organisation; or

(iii)

regulated services that are not legal services to any person; or

(b)

by a union, he or she provides—

(i)

legal services to a person other than the union or a member of the union; or

(ii)

legal services to a member of the union that are not relevant to his or her or its membership of the union; or

(iii)

regulated services that are not legal services to any person.

(1B)

For the purposes of subsection (1A), legal services provided to a member of an employer organisation or, as the case requires, a union are relevant to his or her or its membership of the employer organisation or union if the legal services relate to—

(a)

the member’s rights, obligations, or liabilities in his or her capacity—

(i)

as a member of the employer organisation or union; or

(ii)

as an employer or employee; or

(b)

any matter concerning or arising out of any employment relationship (within the meaning of the Employment Relations Act 2000), including any former or prospective relationship of that kind; or

(c)

any claim or action by or against the member under any enactment specified in section 236(4) of the Employment Relations Act 2000; or

(d)

compliance with any enactment or other requirement governing the performance of the duties of the member in the conduct of the member’s normal business or profession; or

(e)

any question or matter concerning the member’s professional liability, entitlement under any contract of insurance relating to professional liability, or compliance with professional standards.

(2)

A conveyancing practitioner is guilty of misconduct who, being an employee, provides regulated services to the public other than in the course of his or her employment—

(a)

by a conveyancing practitioner; or

(b)

by a partnership comprised entirely of conveyancing practitioners; or

(c)

by an incorporated conveyancing firm; or

(d)

by a lawyer; or

(e)

by a partnership comprised entirely of lawyers; or

(f)

by an incorporated law firm; or

(g)

by Public Trust; or

(h)

by the Maori Trustee; or

(i)

by a trustee company.

(3)

This section is subject to section 10.

Section 9(1)(e): amended, on 1 July 2011, by section 144 of the Legal Services Act 2011 (2011 No 4).

Section 9(1)(h): amended (with effect from 1 August 2008), on 4 August 2008, by section 6(1) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).

Section 9(1)(i): added (with effect from 1 August 2008), on 4 August 2008, by section 6(1) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).

Section 9(1)(j): added (with effect from 1 August 2008), on 4 August 2008, by section 6(1) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).

Section 9(1A): inserted (with effect from 1 August 2008), on 4 August 2008, by section 6(2) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).

Section 9(1B): inserted (with effect from 1 August 2008), on 4 August 2008, by section 6(2) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).