New Zealand Legislation: Acts

119 Power to make regulations in relation to Senior Counsel and Queen's Counsel

• (1) The Governor-General may, by Order in Council, make regulations prescribing—

  • (a) the process by which candidates may be recommended to the Governor-General for appointment, by letters patent, under the Royal prerogative as Senior Counsel:

  • (b) the fees to be paid by candidates for appointment as Senior Counsel:

  • (c) the privileges and duties of Senior Counsel and Queen's Counsel:

  • (d) the conditions on or subject to which candidates may be appointed as Senior Counsel:

  • (e) the conditions on or subject to which Senior Counsel and Queen's Counsel may practise their profession:

  • (f) the precedence that Senior Counsel and Queen's Counsel are to have in the courts of New Zealand:

  • (g) such other matters as may be necessary in relation to Senior Counsel and Queen's Counsel.

  (2) Regulations made under subsection (1) may authorise the Chief Justice and the Attorney-General to issue guidelines in relation to both the qualifications and experience that should be possessed by candidates for appointment as Senior Counsel and the process by which such candidates may be recommended for appointment.

  (3) A person who holds the rank of Senior Counsel or Queen's Counsel ceases to hold that rank if—

  • (a) he or she is suspended from practice as a barrister; or

  • (b) his or her name is struck off the roll.

  (4) If the Sovereign for the time being is a King, every reference in this section, or in any regulations made under subsection (1), to “Queen's Counsel” is, unless the context otherwise requires, to be read as a reference to “King's Counsel”.

  (5) The powers conferred by this section do not derogate from the power to appoint, under the Royal prerogative, persons to the office previously known as Queen's Counsel and to designate the persons appointed to that office as Senior Counsel.

  Compare: 1982 No 123 s 62(1)