New Zealand Legislation: Acts

118 Office of Queen's Counsel to be known as Senior Counsel

• (1) As from the commencement of this section, the office previously known in New Zealand as Queen's Counsel is to be known in New Zealand as Senior Counsel.

  (2) Despite anything in this Act or in any regulations made under section 119(1) or in any guidelines issued under any such regulations,—

  • (a) no lawyer who holds a current practising certificate as a barrister or as a barrister and solicitor is ineligible for appointment, under the Royal prerogative, as Senior Counsel by reason only of the fact that he or she—

    • (i) practises either alone or in partnership with any other lawyer; or

    • (ii) is actively involved in the provision by an incorporated law firm of legal services; or

    • (iii) is an employee or statutory officer; and

  • (b) any lawyer who holds the rank of Queen's Counsel or Senior Counsel is not precluded, by reason only of the fact that he or she holds that rank,—

    • (i) from practising either alone or in partnership with any other lawyer; or

    • (ii) from being actively involved in the provision by an incorporated law firm of legal services; or

    • (iii) from being an employee or statutory officer.

  (3) Nothing in this section affects the designation of any person who was appointed as a Queen's Counsel for New Zealand before the commencement of this section.

  (4) Nothing in this section prevents any barrister who held the rank of Queen's Counsel immediately before the commencement of this section from using, in relation to himself or herself, after the commencement of this section,—

  • (a) the words “Queen's Counsel” or the abbreviation “QC”; or

  • (b) if the Sovereign for the time being is a King, the words “King's Counsel” or the abbreviation “KC”.

  (5) Despite subsections (3) and (4), any barrister who held the rank of Queen's Counsel immediately before the commencement of this section may, after the commencement of this section, use, in relation to himself or herself,—

  • (a) instead of the words “Queen's Counsel” or “King's Counsel”, the words “Senior Counsel”; and

  • (b) instead of the abbreviation “QC” or the abbreviation “KC”, the abbreviation “SC”.

  (6) Nothing in this section or section 119 abrogates the power of the Crown to revoke, under the Royal prerogative, the appointment of any person who was appointed as a Queen's Counsel for New Zealand before the commencement of this section.

  (7) Nothing in this section affects the precedence to which any barrister is entitled by virtue of holding, immediately before the commencement of this section, the rank of Queen's Counsel.