(1) The purposes of this Act are—

• (a) to maintain public confidence in the provision of legal services and conveyancing services:

• (b) to protect the consumers of legal services and conveyancing services:

• (c) to recognise the status of the legal profession and to establish the new profession of conveyancing practitioner.

(2) To achieve those purposes, this Act, among other things,—

• (a) reforms the law relating to lawyers:

• (b) provides for a more responsive regulatory regime in relation to lawyers and conveyancers:

• (c) enables conveyancing to be carried out both—

  • (i) by lawyers; and

  • (ii) by conveyancing practitioners:

• (d) states the fundamental obligations with which, in the public interest, all lawyers and all conveyancing practitioners must comply in providing regulated services:

• (e) repeals the Law Practitioners Act 1982.

Every lawyer who provides regulated services must, in the course of his or her practice, comply with the following fundamental obligations:

• (a) the obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand:

• (b) the obligation to be independent in providing regulated services to his or her clients:

• (c) the obligation to act in accordance with all fiduciary duties and duties of care owed by lawyers to their clients:

• (d) the obligation to protect, subject to his or her overriding duties as an officer of the High Court and to his or her duties under any enactment, the interests of his or her clients.

Every conveyancing practitioner who provides regulated services must, in the course of his or her practice, comply with the following fundamental obligations:

• (a) the obligation to be independent in providing regulated services to his or her clients:

• (b) the obligation to act in accordance with all fiduciary duties and duties of care owed by conveyancing practitioners to their clients:

• (c) the obligation to protect, subject to his or her duties under any enactment, the interests of his or her clients.

In this Act, unless the context otherwise requires,—

(1) In this Act, misconduct, in relation to a lawyer or an incorporated law firm,—

• (a) means conduct of the lawyer or incorporated law firm that occurs at a time when he or she or it is providing regulated services and is conduct—

  • (i) that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable; or

  • (ii) that consists of a wilful or reckless contravention of any provision of this Act or of any regulations or practice rules made under this Act that apply to the lawyer or incorporated law firm or of any other Act relating to the provision of regulated services; or

  • (iii) that consists of a wilful or reckless failure on the part of the lawyer, or, in the case of an incorporated law firm, on the part of a lawyer who is actively involved in the provision by the incorporated law firm of regulated services, to comply with a condition or restriction to which a practising certificate held by the lawyer, or the lawyer so actively involved, is subject; or

  • (iv) that consists of the charging of grossly excessive costs for legal work carried out by the lawyer or incorporated law firm; and

• (b) includes—

  • (i) conduct of the lawyer or incorporated law firm that is misconduct under subsection (2) or subsection (3); and

  • (ii) conduct of the lawyer or incorporated law firm which is unconnected with the provision of regulated services by the lawyer or incorporated law firm but which would justify a finding that the lawyer or incorporated law firm is not a fit and proper person or is otherwise unsuited to engage in practice as a lawyer or an incorporated law firm.

(2) A lawyer or an incorporated law firm is guilty of misconduct if, at a time when he or she or it is providing regulated services, and without the consent of the High Court or of the Disciplinary Tribunal, the lawyer or incorporated law firm knowingly employs, or permits to act as a clerk or otherwise, in relation to the provision of regulated services, any person who, to the knowledge of the lawyer or incorporated law firm,—

• (a) is under suspension from practice as a barrister or as a solicitor or as a conveyancing practitioner; or

• (b) has had his or her name struck off the roll of barristers and solicitors of the High Court; or

• (c) has had his or her registration as a conveyancing practitioner cancelled by an order made under this Act; or

• (d) is disqualified, by an order made under section 242(1)(h), from employment in connection with a practitioner's or incorporated firm's practice.

(3) A person is guilty of misconduct if that person, being a lawyer or an incorporated law firm, shares, with any person other than another lawyer or incorporated law firm, the income from any business involving the provision of regulated services to the public.

(4) Despite subsection (3), a lawyer or an incorporated law firm is not guilty of misconduct under that subsection by reason only of sharing with a patent attorney (in the circumstances, and in accordance with any conditions, prescribed by the practice rules) the income from any business involving the provision of regulated services to the public.

(5) Despite subsection (3), neither an incorporated law firm nor a lawyer who is actively involved in the provision by an incorporated law firm of regulated services is guilty of misconduct under that subsection by reason only of the incorporated law firm making a distribution to shareholders of that firm.

(1) In this Act, misconduct, in relation to a conveyancing practitioner or an incorporated conveyancing firm,—

• (a) means conduct of the conveyancing practitioner or incorporated conveyancing firm that occurs at a time when he or she or it is providing regulated services and is conduct—

  • (i) that would reasonably be regarded by conveyancing practitioners of good standing as disgraceful or dishonourable; or

  • (ii) that consists of a wilful or reckless contravention of any provision of this Act or of any regulations or practice rules made under this Act that apply to the conveyancing practitioner or incorporated conveyancing firm or of any other Act relating to the provision of regulated services; or

  • (iii) that consists of a wilful or reckless failure, on the part of the conveyancing practitioner, or, in the case of an incorporated conveyancing firm, on the part of a conveyancing practitioner who is actively involved in the provision by the incorporated conveyancing firm of regulated services, to comply with a condition or restriction to which a practising certificate held by the conveyancing practitioner, or the conveyancing practitioner so actively involved, is subject; or

  • (iv) that consists of the charging of grossly excessive costs for conveyancing carried out by the conveyancing practitioner or incorporated conveyancing firm; and

• (b) includes—

  • (i) conduct of the conveyancing practitioner or incorporated conveyancing firm that is misconduct under subsection (2) or subsection (3); and

  • (ii) conduct by the conveyancing practitioner or incorporated conveyancing firm which is unconnected with the provision of regulated services by the conveyancing practitioner or incorporated conveyancing firm but which would justify a finding that the conveyancing practitioner or incorporated conveyancing firm is not a fit and proper person or is otherwise unsuited to engage in practice as a conveyancing practitioner or an incorporated conveyancing firm.

(2) A conveyancing practitioner or incorporated conveyancing firm is guilty of misconduct if, at a time when he or she or it is providing regulated services, and without the consent of the High Court or of the Disciplinary Tribunal, the conveyancing practitioner or incorporated conveyancing firm knowingly employs, or permits to act as a clerk or otherwise, in relation to the provision of regulated services, any person who, to the knowledge of the conveyancing practitioner or incorporated conveyancing firm,—

• (a) is under suspension from practice as a barrister or as a solicitor or as a conveyancing practitioner; or

• (b) has had his or her name struck off the roll of barristers and solicitors of the High Court; or

• (c) has had his or her registration as a conveyancing practitioner cancelled by an order made under this Act; or

• (d) is disqualified, by an order made under section 242(1)(h), from employment in connection with a practitioner's or incorporated firm's practice.

(3) A person is guilty of misconduct if that person, being a conveyancing practitioner or an incorporated conveyancing firm, shares with any person other than another conveyancing practitioner or incorporated conveyancing firm, the income from any business involving the provision of regulated services to the public.

(4) Despite subsection (3), neither an incorporated conveyancing firm nor a conveyancing practitioner who is actively involved in the provision by an incorporated conveyancing firm of regulated services is guilty of misconduct under that subsection by reason only of the incorporated conveyancing firm making a distribution to shareholders of that firm.

(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 Legal Services Agency; 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.

(1) Nothing in section 9 prevents—

• (a) a lawyer from being employed by a person other than a person described in paragraphs (a) to (j) of section 9(1); or

• (b) a conveyancing practitioner from being employed by a person other than a person described in paragraphs (a) to (i) of section 9(2); or

• (c) a lawyer who is employed by a person other than a person described in paragraphs (a) to (j) of section 9(1) from providing in the course of his or her employment regulated services to his or her employer; or

• (d) a conveyancing practitioner who is employed by a person other than a person described in paragraphs (a) to (i) of section 9(2) from providing in the course of his or her employment regulated services to his or her employer; or

• (e) a lawyer to whom paragraph (c) of this subsection applies from assisting or enabling his or her employer to provide to the public regulated services that are not—

  • (i) legal services that come within the definition of reserved areas of work; or

  • (ii) services that consist of the drafting, settling, or revising of any document that is to be filed in proceedings before any court or tribunal (if the drafting, settling, or revising of that document by the employer of the lawyer would contravene section 26); or

  • (iii) conveyancing services; or

  • (iv) services that a lawyer provides by undertaking the work of a real estate agent.

(2) Nothing in section 9 prevents—

• (a) a lawyer who is acting in his or her capacity as a statutory officer, and not in his or her personal capacity,—

  • (i) from providing regulated services to the public in the discharge of his or her duties, or the exercise of his or her powers, under any enactment; or

  • (ii) from doing any thing that is intended to facilitate, or is conducive or incidental to, the discharge of the functions conferred on the statutory officer by any enactment; or

• (b) a lawyer who is employed by a Crown organisation or is an employee of a statutory officer or Crown organisation, and who is acting in the course of his or her employment,—

  • (i) from providing regulated services to the public in the discharge of any duties, or in the exercise of any powers, of the Crown organisation or statutory officer under any enactment; or

  • (ii) from doing any thing that is intended to facilitate, or is conducive or incidental to, the discharge of the functions conferred on the Crown organisation or statutory officer by any enactment.

(3) Nothing in section 9 prevents a lawyer who is both an employee and a lawyer practising on his or her own account from providing regulated services to the public in his or her capacity as a lawyer practising on his or her own account.

(4) Despite subsections (1) to (3), nothing in section 9 or this section permits a lawyer who is employed by a person other than a person described in paragraphs (a) to (j) of section 9(1) to assist or enable his or her employer to provide regulated services to a person with whom the lawyer has a lawyer and client relationship.

(5) Nothing in section 9 prevents a lawyer who is not an employee of a community law centre or citizens advice bureau from providing legal services to the public under the auspices of a community law centre or citizens advice bureau.

(6) Nothing in section 9 or this section limits—

• (a) the application of section 7 to a lawyer who is an employee or statutory officer; or

• (b) the application of section 8 to a conveyancing practitioner who is an employee or statutory officer.

In this Act, misconduct, in relation to a person who is not a practitioner but who is an employee of a practitioner or an incorporated firm,—

• (a) means conduct of the person in the course of his or her employment by the practitioner or incorporated firm that would, if it were conduct of a practitioner, render the practitioner liable to have his or her name struck off the roll or to have his or her registration as a conveyancing practitioner cancelled; and

• (b) includes conduct of the person which is unconnected with his or her employment by the practitioner or incorporated firm but which would justify a finding that the person is not of good character or is otherwise unsuited for employment by a practitioner or incorporated firm.

In this Act, unsatisfactory conduct, in relation to a lawyer or an incorporated law firm, means—

• (a) conduct of the lawyer or incorporated law firm that occurs at a time when he or she or it is providing regulated services and is conduct that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer; or

• (b) conduct of the lawyer or incorporated law firm that occurs at a time when he or she or it is providing regulated services and is conduct that would be regarded by lawyers of good standing as being unacceptable, including—

  • (i) conduct unbecoming a lawyer or an incorporated law firm; or

  • (ii) unprofessional conduct; or

• (c) conduct consisting of a contravention of this Act, or of any regulations or practice rules made under this Act that apply to the lawyer or incorporated law firm, or of any other Act relating to the provision of regulated services (not being a contravention that amounts to misconduct under section 7); or

• (d) conduct consisting of a failure on the part of the lawyer, or, in the case of an incorporated law firm, on the part of a lawyer who is actively involved in the provision by the incorporated law firm of regulated services, to comply with a condition or restriction to which a practising certificate held by the lawyer, or the lawyer so actively involved, is subject (not being a failure that amounts to misconduct under section 7).

In this Act, unsatisfactory conduct, in relation to a conveyancing practitioner or an incorporated conveyancing firm, means—

• (a) conduct of the conveyancing practitioner or incorporated conveyancing firm that occurs at a time when he or she or it is providing regulated services and is conduct that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent conveyancing practitioner; or

• (b) conduct of the conveyancing practitioner or incorporated conveyancing firm that occurs at a time when he or she or it is providing regulated services and is conduct that would be regarded by conveyancing practitioners of good standing as being unacceptable, including—

  • (i) conduct unbecoming a conveyancing practitioner or an incorporated conveyancing firm; or

  • (ii) unprofessional conduct; or

• (c) conduct consisting of a contravention of this Act, or of any regulations or practice rules made under this Act that apply to the conveyancing practitioner or incorporated conveyancing firm, or of any other Act relating to the provision of regulated services (not being a contravention that amounts to misconduct under section 8); or

• (d) conduct consisting of a failure on the part of the conveyancing practitioner, or, in the case of an incorporated conveyancing firm, on the part of a conveyancing practitioner who is actively involved in the provision by the incorporated conveyancing firm of regulated services, to comply with a condition or restriction to which a practising certificate held by the conveyancing practitioner, or the conveyancing practitioner so actively involved, is subject (not being a failure that amounts to misconduct under section 8).

In this Act, unsatisfactory conduct, in relation to a person who is not a practitioner but who is an employee of a practitioner or an incorporated firm,—

• (a) means conduct of the person in the course of his or her employment by the practitioner or incorporated firm that would, if it were conduct of a practitioner, be unsatisfactory conduct under section 12 or section 13; and

• (b) includes conduct consisting of a contravention of this Act, or of any regulations or practice rules made under this Act that apply to the person, or of any other Act relating to the provision of regulated services (not being a contravention that amounts to misconduct under section 11).

(1) A company does not cease to be an incorporated firm merely because a lawyer or conveyancing practitioner who is actively involved in the provision by the company of regulated services and who is a director of the company or is both a director and shareholder of the company dies or ceases, temporarily or permanently, to be actively involved in the provision of regulated services by the company if,—

• (a) in the case where he or she is the only director of the company or is both the only director and a shareholder of the company, his or her powers as a director of that company are exercised or performed—

  • (i) by the donee of a power of attorney given under, or treated by clause 12 or clause 19(4) of Schedule 1 as given under, clause 3(1) or clause 5(1) of Schedule 1; or

  • (ii) by the alternate of a donee of the kind described in subparagraph (i); or

• (b) in any other case where he or she is a director of the company or is both a director and shareholder of the company, at least 1 other lawyer or 1 other conveyancing practitioner, as the case may require, who is actively involved in the provision of regulated services by the company is a director of the company.

(2) A company is not prevented from being an incorporated firm merely because of the application of any of the provisions of section 126(1)(b) to (d), (2), or (3) of the Companies Act 1993 to—

• (a) a person who, in the case of an incorporated law firm, is not a lawyer who is actively involved in the provision by the incorporated law firm of regulated services; or

• (b) a person who, in the case of an incorporated conveyancing firm, is not a conveyancing practitioner who is actively involved in the provision by that incorporated conveyancing firm of regulated services.

(3) Subsection (1)(b) is subject to section 16.

(1) This section applies to any person who is a shareholder in a company that is an incorporated firm and who is qualified to be such a shareholder by reason of being—

• (a) a lawyer or conveyancing practitioner who is actively involved in the provision of regulated services by the company; or

• (b) a relative of a lawyer or conveyancing practitioner of the kind described in paragraph (a).

(2) If, as a result of a lawyer or conveyancing practitioner dying or ceasing, temporarily or permanently, to be actively involved in the provision of regulated services by a company that is an incorporated firm, a person to whom this section applies would cease to be qualified as a shareholder of that company, this Act is, unless the lawyer or conveyancing practitioner is the only director of that company, to be applied in relation to that company, until the date specified in subsection (3), as if that person were qualified to be a shareholder of that company.

(3) The date specified for the purposes of subsection (2) is the earlier of—

• (a) the date on which the shares in the company that are held by the person to whom this section applies are disposed of by or on behalf of that person or the administrator of that person's estate:

• (b) the date of the last day of the period of 12 months beginning with the date on which the lawyer or conveyancing practitioner ceases to be actively involved in the provision of regulated services by that company.

(1) For the avoidance of doubt, and subject to sections 18 and 19, a practitioner who is a director or shareholder of an incorporated firm is not liable, on a joint or several basis, by reason only of being such a director or shareholder,—

• (a) for any act or omission of any other director or shareholder of the firm; or

• (b) for the debts or liabilities of the firm.

(2) Subject to subsection (1), a practitioner who is a director or shareholder of an incorporated firm is subject to all the professional obligations to which he or she would be subject if he or she were in practice on his or her own account.

(1) If a person suffers pecuniary loss by reason of the theft of any money or valuable property that has been entrusted to a lawyer or an incorporated law firm in the course of the lawyer's or incorporated law firm's practice, the persons specified in subsection (2) are, in addition to the person who committed the theft, personally liable for that pecuniary loss if the theft was committed—

• (a) by any person who is, in relation to the lawyer, a related person or entity; or

• (b) by any agent, employer, or employee of the lawyer or incorporated law firm (whether or not that agent, employer, or employee is also a lawyer); or

• (c) by any agent or employee of a person who is, in relation to the lawyer, a related person or entity (whether or not that agent or employee is also a lawyer); or

• (d) by any partner or director or other person who controls or manages the incorporated law firm or any body that is, in relation to the lawyer, a related entity.

(2) The persons who are personally liable under subsection (1) are as follows:

• (a) the lawyer to whom, or the incorporated law firm to which, the money or other valuable property was entrusted:

• (b) any person who is, in relation to the lawyer referred to in paragraph (a), a related person or entity:

• (c) any person who is a director or shareholder of the incorporated law firm referred to in paragraph (a).

(3) Despite subsection (2), a person who is a shareholder of the incorporated law firm referred to in subsection (2)(a) is not personally liable under subsection (1) if—

• (a) that shareholder does not hold any shares in the incorporated law firm that confer voting rights; and

• (b) that shareholder is not a person who is actively involved in the provision by the incorporated law firm of regulated services; and

• (c) that shareholder is not a person who is an administrator of the estate of a person who, at the time of his or her death, was—

  • (i) a director of the incorporated law firm; or

  • (ii) a lawyer who was actively involved in the provision by the incorporated law firm of regulated services.

(1) If a person suffers pecuniary loss by reason of the theft of any money or valuable property that has been entrusted to a conveyancing practitioner or an incorporated conveyancing firm in the course of the conveyancing practitioner's or incorporated conveyancing firm's practice, the persons specified in subsection (2) are, in addition to the person who committed the theft, personally liable for that pecuniary loss if the theft was committed—

• (a) by any person who is, in relation to the conveyancing practitioner, a related person or entity; or

• (b) by any agent, employer, or employee of the conveyancing practitioner or incorporated conveyancing firm (whether or not that agent, employer, or employee is also a conveyancing practitioner); or

• (c) by any agent or employee of a person who is, in relation to the conveyancing practitioner, a related person or entity (whether or not that agent or employee is also a conveyancing practitioner); or

• (d) by any partner or director or other person who controls or manages the incorporated conveyancing firm or any body that is, in relation to the conveyancing practitioner, a related entity.

(2) The persons who are personally liable under subsection (1) are as follows:

• (a) the conveyancing practitioner to whom, or the incorporated conveyancing firm to which, the money or other valuable property was entrusted:

• (b) any person who is, in relation to the conveyancing practitioner referred to in paragraph (a), a related person or entity:

• (c) any person who is a director or shareholder of the incorporated conveyancing firm referred to in paragraph (a).

(3) Despite subsection (2), a person who is a shareholder of the incorporated conveyancing firm referred to in subsection (2)(a) is not personally liable under subsection (1) if—

• (a) that shareholder does not hold any shares in the incorporated conveyancing firm that confer voting rights; and

• (b) that shareholder is not a person who is actively involved in the provision by the incorporated conveyancing firm of regulated services; and

• (c) that shareholder is not a person who is an administrator of the estate of a person who, at the time of his or her death, was—

  • (i) a director of the incorporated conveyancing firm; or

  • (ii) a conveyancing practitioner who was actively involved in the provision by the incorporated conveyancing firm of regulated services.

This Act binds the Crown.

(1) A person commits an offence who, not being a lawyer or an incorporated law firm,—

• (a) provides legal services in New Zealand; and

• (b) describes himself, herself, or itself as—

  • (i) a lawyer; or

  • (ii) a law practitioner; or

  • (iii) a legal practitioner; or

  • (iv) a barrister; or

  • (v) a solicitor; or

  • (vi) a barrister and solicitor; or

  • (vii) an attorney-at-law; or

  • (viii) counsel.

(2) This section is subject to the exceptions set out in sections 25(2) and 27.

(1) A person commits an offence who holds himself or herself, or any other person, out (whether directly or indirectly) as providing legal services, or as being entitled, qualified, able, or willing to provide legal services, under the description of lawyer or any of the terms specified in subparagraphs (ii) to (viii) of section 21(1)(b), if it would be an offence against section 21 for that person or, as the case may be, that other person to provide legal services under that description.

(2) A person commits an offence who uses or permits to be used in connection with that person's name or business or with the name under which that person carries on business any words, letters, or symbols that the person intends to cause, or are reasonably likely to cause, anyone else to believe that the first-mentioned person or any other person—

• (a) is a lawyer; or

• (b) holds any type of admission, enrolment, or practising certificate under this Act,—

unless the first-mentioned person or, as the case requires, that other person is a lawyer or is admitted or enrolled or holds that practising certificate.

(3) A person commits an offence who uses or permits to be used any words, letters, or symbols that the person intends to cause, or are reasonably likely to cause, anyone else to believe that the first-mentioned person or any other person possesses a qualification in law or any branch of the law or possesses special expertise in any branch of the law, unless the first-mentioned person or, as the case requires, that other person holds that qualification or possesses that special expertise.

(4) This section is subject to the exceptions set out in sections 25(2) and 27.

(1) A person commits an offence who, in connection with the supply or possible supply of legal services or with the promotion by any means of the supply or use of legal services, makes a false or misleading representation that the legal services are provided, or are to be provided, by, or under the direct supervision of, a person (being that person or any other person)—

• (a) who is entitled to provide legal services under the description of lawyer or any other term specified in subparagraphs (ii) to (viii) of section 21(1)(b); or

• (b) who possesses any qualification in law or any branch of law.

(2) Section 45 of the Fair Trading Act 1986 applies, with all necessary modifications, in relation to any proceedings for an offence against subsection (1) as if those proceedings were proceedings under Part 5 of that Act.

(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the contravention of that subsection was due—

• (a) to a reasonable mistake; or

• (b) to reasonable reliance on information supplied by another person.

(1) A person commits an offence—

• (a) who, for gain or reward (whether direct or indirect) and not being a lawyer or an incorporated law firm, carries out work of a kind described in paragraph (a) of the definition of reserved areas of work (as set out in section 6); or

• (b) who, not being a lawyer, carries out work of a kind described in paragraph (b) or paragraph (c) or paragraph (d) of the definition of reserved areas of work (as set out in section 6).

(1A) For the purposes of subsection (1), an employer organisation or a union does not carry out work of the kind referred to in paragraph (a) or (b) of that subsection merely because—

• (a) the employer organisation employs a lawyer who carries out work of that kind for members of the organisation, whether or not the organisation receives any gain or reward for that work:

• (b) the union employs a lawyer who carries out work of that kind for members of the union, whether or not the union receives any gain or reward for that work.

(2) This section is subject to the exceptions set out in sections 25(2) and 27.

(1) Nothing in sections 21 to 24 prevents a person who is a member of the legal profession of a country outside New Zealand, but who does not hold any type of admission, enrolment, or practising certificate under this Act,—

• (a) from providing in New Zealand legal services that do not involve carrying out work in any of the reserved areas of work; or

• (b) from doing any work, or transacting any business, in New Zealand if that work is business concerning—

  • (i) the law of a country or territory outside New Zealand; or

  • (ii) international law; or

• (c) providing legal services (including appearances) in New Zealand in relation to any proceedings before any court or other body if, for the purpose of those proceedings, it is essential that the provider of those legal services has knowledge of—

  • (i) the law of a country or territory outside New Zealand; or

  • (ii) international law.

(2) Nothing in sections 21 to 24 prevents a person who is a member of the legal profession of a country outside New Zealand, but who does not hold any type of admission, enrolment, or practising certificate under this Act, from describing himself or herself in accordance with any of the terms specified in section 21(1)(b) if—

• (a) the person is able to practise under such a description in a country outside New Zealand; and

• (b) the description incorporates a reference to the country in which the person is able to practise under that description and the fact that the ability to practise under such a description is connected with that country or territory; and

• (c) the use of the description by the person does not contravene any of the provisions of Part 1 of the Fair Trading Act 1986 and, in particular, does not contravene section 11 or section 13(b) of that Act.

(1) A person commits an offence who, for gain or reward (whether direct or indirect) and not being an authorised person within the meaning of subsection (2) drafts, settles, or revises for or on behalf of any person who is a party to proceedings before any court or tribunal or who proposes to intervene in, or become a party to, any such proceedings any document that is to be filed in those proceedings.

(2) In this section,—

(3) This section is subject to the exceptions set out in section 27.

(1) Sections 21, 22, 24, and 26 do not prevent—

• (a) any person from representing himself or herself in proceedings before any court or tribunal; or

• (b) any person from appearing as an advocate, or representing any other person before any court or tribunal if the appearance or representation is allowed or required—

  • (i) by any Act or regulations; or

  • (ii) by the court or tribunal; or

• (c) any person who may, in accordance with paragraph (b), appear in any proceedings as an advocate or representative from—

  • (i) giving advice in relation to those proceedings; or

  • (ii) giving assistance in drafting, settling, or revising documents for filing in those proceedings.

(2) Sections 21, 24, and 26 do not prevent any person who works in a community law centre or who is employed by a community law centre from giving to a person who is or intends to be a litigant in person in any proceedings—

• (a) advice in relation to those proceedings; or

• (b) assistance in drafting, settling, or revising documents for filing in those proceedings.

(3) A person does not commit an offence against any provision of sections 21, 22, 24, and 26 by reason only of filling in, on behalf of any other person, a printed form required for the purposes of any proceedings before any court or tribunal if—

• (a) the printed form is either—

  • (i) a form prescribed for the purpose of the proceedings; or

  • (ii) a form prepared by a person who, at the time when it was prepared, was an authorised person within the meaning of section 26(2); and

• (b) it is reasonable to expect that the form could be properly completed by persons who were not authorised persons within the meaning of section 26(2); and

• (c) no charge is made, directly or indirectly, for the filling in of the form or any service in relation to the filling in of the form.

(4) Sections 24 and 26 do not prevent a statutory officer or Crown organisation, or any employee of a statutory officer or Crown organisation,—

• (a) from discharging any of his, her, or its duties, or exercising any of his, her, or its powers, under any enactment; or

• (b) from doing any thing that is intended to facilitate, or is conducive or incidental to, the discharge of the functions conferred on the statutory officer or Crown organisation by any enactment.

(5) Section 24 does not prevent a conveyancing practitioner from providing conveyancing services.

(1) An information in respect of an offence against any provision of sections 21 to 24 may be laid only—

• (a) by the President of the New Zealand Law Society; or

• (b) by a person authorised by the Council of the New Zealand Law Society to lay that information.

(2) In any proceedings for an offence against any provision of sections 21 to 24, a certificate purporting to be signed by the executive director of the New Zealand Law Society or a person authorised by the Council of the New Zealand Law Society to sign that certificate and stating that at any time or during any period specified in the certificate any person was not, and was not deemed to be, the holder of a current practising certificate as a barrister, or as a barrister and solicitor, as the case may require,—

• (a) is admissible in evidence; and

• (b) is, in the absence of proof to the contrary, sufficient evidence of the matters stated in it.

(3) The production of a certificate for the purposes of subsection (2) purporting to be signed by the executive director of the New Zealand Law Society or a person authorised by the Council of the New Zealand Law Society to sign that certificate is prima facie evidence of the certificate without proof of the signature of the person purporting to have signed it.

A person who, in contravention of section 21, acts as a barrister or as a solicitor in any court is guilty of both an offence against that section and a contempt of that court.

(1) No lawyer may commence practice on his or her own account, whether in partnership or otherwise, unless—

• (a) he or she—

  • (i) meets the requirements with regard to both practical legal experience and suitability that are imposed by rules made under this Act; and

  • (ii) meets any other criteria that are prescribed by rules made under this Act; or

• (b) he or she is granted by the High Court, on grounds set out in rules made under this Act, leave to practise on his or her own account.

(2) A lawyer who is a director or shareholder of an incorporated law firm is deemed to be practising on his or her own account.

(3) A lawyer may apply to the High Court for leave to practise on his or her own account.

(4) The High Court, in deciding whether to grant an application for leave, must have regard to the matters that are specified in rules made under this Act in relation to such an application.

(5) The High Court may grant leave subject to such conditions (if any) as it thinks proper.

(6) A lawyer commits an offence who, in contravention of this section, commences practice on his or her own account.

(1) Despite anything in section 30, a lawyer may, at any time, commence practice on his or her own account, whether in partnership or otherwise, if, immediately before the commencement of this section, he or she would have been entitled to do so under the Law Practitioners Act 1982 had this Act not been passed; and, for the purposes of this subsection, section 55 of that Act has effect as if it had not been repealed.

(2) Section 30 does not restrict the right of a lawyer—

• (a) to practise as a barrister and solicitor on his or her own account, if at any time previously (whether before or after the commencement of this section) he or she has lawfully practised on his or her own account as a solicitor or as a barrister and solicitor; or

• (b) to resume practice as a barrister on his or her own account, if at any time previously (whether before or after the commencement of this section) he or she has lawfully practised as a barrister on his or her own account.

(3) Despite subsection (2), if,—

• (a) in the case of a lawyer to whom subsection (2)(a) applies, more than 10 years have elapsed since that lawyer last practised on his or her own account as a solicitor or as a barrister and solicitor; or

• (b) in the case of a lawyer to whom subsection (2)(b) applies, more than 10 years have elapsed since that lawyer last practised on his or her own account as a barrister,—

that lawyer is not entitled to practise on his or her own account as a barrister and solicitor or as a barrister until he or she has received adequate instruction to the satisfaction of the Council of the New Zealand Law Society in the duties of a barrister and solicitor or of a barrister, as the case may require.

(4) Section 30 does not restrict the right of a lawyer who is not entitled to practise on his or her own account, to act in any community law centre whose employing body comprises 1 or more lawyers qualified to practise on his or her own account, under the direct supervision of a lawyer qualified to practise on his or her own account and employed by that community law centre, or with the approval of the Legal Services Agency.

(1) A person commits an offence who, not being a lawyer or an incorporated law firm or a conveyancing practitioner or an incorporated conveyancing firm, provides conveyancing services in New Zealand and describes himself or herself as a lawyer, a conveyancing practitioner, a conveyancer, or a land broker.

(2) For the purposes of subsection (1), a person describes himself or herself as a lawyer not only if he or she describes himself or herself as a lawyer but also if he or she uses, in describing himself or herself, any of the terms specified in subparagraphs (ii) to (viii) of section 21(1)(b).

(3) This section is subject to the exceptions set out in section 36 or section 388(3).

(1) A person commits an offence who, not being a lawyer or an incorporated law firm or a conveyancing practitioner or an incorporated conveyancing firm, uses, in connection with his or her business, employment, or profession, any words, initials, abbreviations of words, symbols, or representations intended or likely to cause any other person to believe that the person is qualified to undertake conveyancing.

(2) This section is subject to the exceptions set out in section 36 or section 388(3).

(1) An information in respect of an offence against section 32 or section 33 may be laid only—

• (a) by the President of the New Zealand Law Society; or

• (b) by the President of the New Zealand Society of Conveyancers; or

• (c) by a person authorised by the Council of the New Zealand Law Society or the Council of the New Zealand Society of Conveyancers to lay that information.

(2) In any proceedings for an offence against section 32 or section 33, a certificate of any of the following kinds is admissible in evidence and is, in the absence of proof to the contrary, sufficient evidence of the matters stated in it:

• (a) a certificate purporting to be signed by the executive director of the New Zealand Law Society or a person authorised by the Council of the New Zealand Law Society to sign that certificate and stating that at any time or during any period specified in the certificate any person was not, and was not deemed to be, the holder of a current practising certificate as a barrister, or as a barrister and solicitor, as the case may require:

• (b) a certificate purporting to be signed by the executive director of the New Zealand Society of Conveyancers or a person authorised by the Council of the New Zealand Society of Conveyancers to sign that certificate and stating that at any time or during any period specified in the certificate any person was not, and was not deemed to be, the holder of a current practising certificate as a conveyancing practitioner.

(3) The production of a certificate for the purposes of subsection (2) purporting to be signed by the executive director of the New Zealand Law Society or by a person authorised by the Council of the New Zealand Law Society to sign that certificate or by the executive director of the New Zealand Society of Conveyancers or by a person authorised by the Council of the New Zealand Society of Conveyancers to sign that certificate is prima facie evidence of the certificate without proof of the signature of the person purporting to have signed it.

(1) A person commits an offence who, for gain or reward (whether direct or indirect) and not being an authorised person within the meaning of subsection (2), provides conveyancing services to any other person.

(2) In this section, authorised person means—

• (a) a lawyer; or

• (b) an incorporated law firm; or

• (c) a conveyancing practitioner; or

• (d) an incorporated conveyancing firm; or

• (e) a person acting under the supervision of a lawyer or conveyancing practitioner.

(3) This section is subject to the exceptions set out in section 36 or section 388(5).

(1) Sections 32, 33, and 35 do not prevent any person from preparing for or on behalf of any other person any tenancy agreement or agreement evidencing a tenancy if—

• (a) the tenancy is for a term of 12 months or less; and

• (b) no right of renewal is conferred on the tenant by the agreement.

(2) Sections 32, 33, and 35 do not prevent any real estate agent who holds a licence in force under the Real Estate Agents Act 1976—

• (a) from preparing any agreement for sale and purchase of land or any interest in land or of the goodwill of a business or of chattels; or

• (b) from giving advice about legal rights and obligations that is incidental to the preparing of an agreement of the kind referred to in paragraph (a).

(3) Sections 32, 33, and 35 do not prevent a patent attorney from drawing, preparing, or reviewing—

• (a) those provisions of any conveyance, deed, or agreement that relate to intellectual property rights; or

• (b) any conveyance, deed, or agreement by which only intellectual property rights are assigned.

(4) A person does not commit an offence against any provision of sections 32, 33, and 35 by reason only of preparing, on behalf of any other person, any conveyance, deed, or agreement that is prepared by filling in a printed form if—

• (a) the printed form is either—

  • (i) a prescribed form; or

  • (ii) a form prepared by a person who, at the time when it was prepared, was an authorised person within the meaning of section 35(2); and

• (b) it is reasonable to expect that the form could be properly completed by persons who were not authorised persons within the meaning of section 35(2); and

• (c) no charge is made, directly or indirectly, for the filling in of the form or any service in relation to the filling in of the form.

(5) Section 35 does not prevent a statutory officer or Crown organisation, or any employee of a statutory officer or Crown organisation,—

• (a) from discharging any of his, her, or its duties, or exercising any of his, her, or its powers, under any enactment; or

• (b) from doing any thing that is intended to facilitate, or is conducive or incidental to, the discharge of the functions conferred on the statutory officer or Crown organisation by any enactment.

(1) No conveyancing practitioner may commence practice on his or her own account, whether in partnership or otherwise, unless—

• (a) he or she—

  • (i) meets the requirements with regard to both practical experience in conveyancing and suitability that are imposed by rules made under this Act; and

  • (ii) meets any other criteria that are prescribed by rules made under this Act; or

• (b) he or she is granted by the High Court, on grounds set out in rules made under this Act, leave to practise on his or her own account.

(2) A conveyancing practitioner who is a director or shareholder of an incorporated conveyancing firm is deemed to be practising on his or her own account.

(3) A conveyancing practitioner may apply to the High Court for leave to practise on his or her own account.

(4) The High Court, in deciding whether to grant an application for leave, must have regard to such matters as are specified in rules made under this Act in relation to such an application.

(5) The High Court may grant leave subject to such conditions (if any) as it thinks proper.

(6) A conveyancing practitioner commits an offence who, in contravention of this section, commences practice on his or her own account.

(1) Despite anything in section 37, a conveyancing practitioner may, at any time, commence practice on his or her own account, whether in partnership or otherwise, if, immediately before the commencement of section 67 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, he or she held a licence as a landbroker under section 229 of the Land Transfer Act 1952.

(2) Section 37 does not restrict the right of a conveyancing practitioner to practise as a conveyancing practitioner on his or her own account, if at any time previously (whether before or after the commencement of this section) he or she has lawfully practised on his or her own account as a landbroker or conveyancing practitioner.

(3) Despite subsection (2), if, in the case of a conveyancing practitioner to whom subsection (2) applies, more than 10 years have elapsed since that conveyancing practitioner last practised on his or her own account as a landbroker or conveyancing practitioner, that conveyancing practitioner is not entitled to practise on his or her own account as a conveyancing practitioner until he or she has received adequate instruction to the satisfaction of the Council of the New Zealand Society of Conveyancers in the duties of a conveyancing practitioner.

(1) The New Zealand Law Society, on application made to it by any person whose name is on the roll, must issue to that person a practising certificate either as a barrister or as a barrister and solicitor.

(2) The New Zealand Society of Conveyancers, on application made to it by any person whose name is on the register of conveyancers, must issue to that person a practising certificate as a conveyancing practitioner.

(3) Despite subsections (1) and (2), no person may hold at the same time both a practising certificate issued under subsection (1) and a practising certificate issued under subsection (2).

(4) Despite subsections (1) and (2), the society to which the application is made—

• (a) may decline to issue a practising certificate to a person until that person has paid to it any fees and levies then payable by that person under this Act or under any rules made or resolutions passed under this Act; and

• (b) may refuse to issue a practising certificate to a person—

  • (i) on the ground that the person does not meet the criteria prescribed by practice rules made under section 94(a); or

  • (ii) on the ground set out in section 41(1), namely, that the person is not a fit and proper person to hold a practising certificate; and

• (c) may refuse to issue a practising certificate to a person who, under section 19 of the Trans-Tasman Mutual Recognition Act 1997, seeks the issue of the practising certificate, if that person does not meet the requirements that apply, under section 17 of the Trans-Tasman Mutual Recognition Act 1997, in relation to an individual who seeks the issue of a practising certificate of the kind sought.

(5) A person who is suspended from practice must deposit his or her current practising certificate (if any) with the society that issued the certificate.

If a person who holds a practising certificate applies for a practising certificate for a further period and pays the prescribed fees and levies, and is otherwise entitled under this Act to the issue of the practising certificate applied for, that person is, until the certificate applied for is received by that person, or that person receives written notice that his or her application for a practising certificate has been refused, whichever first occurs, to be treated, for the purposes of this Act, as if that person were the holder of the practising certificate applied for.

(1) A regulatory society may refuse to issue a practising certificate to a person on the ground that the person is not a fit and proper person to hold a practising certificate.

(2) For the purposes of determining whether or not a person is a fit and proper person to hold a practising certificate, the regulatory society may take into account any matters it considers relevant and, in particular, may take into account any of the following matters:

• (a) in the case of lawyers, any of the matters that may be taken into account under section 55 for the purpose of determining whether or not a person is a fit and proper person to be admitted as a barrister and solicitor of the High Court:

• (b) in the case of conveyancing practitioners, any of the matters that may be taken into account under section 83 for the purpose of determining whether or not a person is a fit and proper person to be granted registration as a conveyancer:

• (c) the person has obtained a practising certificate because of incorrect or misleading information:

• (d) the person has contravened a condition of a practising certificate held by the person:

• (e) the person has contravened this Act or a corresponding law:

• (f) the person has contravened an order of the Disciplinary Tribunal or a corresponding tribunal:

• (g) the person has not undertaken any ongoing legal education required by practice rules made pursuant to section 97(1)(b) or section 98(1)(c):

• (h) without limiting any other paragraph,—

  • (i) the person's name has been removed from a foreign roll or a foreign register; or

  • (ii) the person has failed to pay a required contribution or levy to the Lawyers' Fidelity Fund or the Conveyancing Practitioners' Fidelity Fund; or

  • (iii) the person does not hold any professional indemnity insurance required by rules made under section 99 or is otherwise in breach of any such rules; or

  • (iv) the person has failed to pay any costs or expenses for which the person is liable under this Act or any regulations, rules, or resolutions made under this Act:

• (i) any other matters the regulatory society thinks appropriate.

(3) A person may be considered to be a fit and proper person to hold a practising certificate even though the person is within any of the categories of the matters referred to in subsection (2), if the regulatory society considers that the circumstances warrant the determination.

(4) If a matter was—

• (a) disclosed in an application for admission as a barrister and solicitor or in an application for registration as a conveyancer in this or another jurisdiction; and

• (b) determined by a High Court or the body considering the application for registration as a conveyancer not to be sufficient for refusing admission or registration,—

the matter cannot be taken into account as a ground for refusing to issue a practising certificate, unless later disclosures demonstrate that the matter is part of a course of conduct that may warrant refusal.

(5) Subsection (2) does not limit—

• (a) the grounds on which it may be determined whether or not a person is a fit and proper person to hold a practising certificate; or

• (b) the criteria that may be prescribed under section 94(a).

(6) In this section, regulatory society means—

• (a) the New Zealand Law Society; or

• (b) the New Zealand Society of Conveyancers.

(1) A person may appeal to the Disciplinary Tribunal against any decision of the New Zealand Law Society or the New Zealand Society of Conveyancers to decline to issue, or to refuse to issue, a practising certificate to the person.

(2) Every appeal under subsection (1)—

• (a) must be by way of rehearing; and

• (b) must be made within such time and in such form as may be prescribed by the Disciplinary Tribunal under section 227(g).

(3) On hearing an appeal under subsection (1), the Disciplinary Tribunal may confirm, reverse, or modify the decision appealed against.

The High Court or a District Court may, on the application of any person (including the New Zealand Law Society or the New Zealand Society of Conveyancers), grant an injunction restraining a person from engaging in conduct that constitutes or would constitute any of the following:

• (a) a contravention of any of the provisions of sections 21, 22, 23, 24, 26, 30(6), 32, 33, 35, and 37(6):

• (b) an attempt to contravene such a provision:

• (c) aiding, abetting, counselling, or procuring any other person to contravene such a provision:

• (d) inducing, or attempting to induce, any other person, whether by threats, promises, or otherwise, to contravene such a provision:

• (e) being in any way (whether directly or indirectly) knowingly concerned in, or party to, the contravention by any other person of such a provision:

• (f) conspiring with any other person to contravene such a provision.

(1) Schedule 1 applies to—

• (a) every lawyer who holds a practising certificate as a barrister and solicitor and who is providing legal services in New Zealand on his or her own account without partners:

• (b) every lawyer who is the only director of an incorporated law firm:

• (c) every conveyancing practitioner who is providing conveyancing services in New Zealand on his or her own account without partners:

• (d) every conveyancing practitioner who is the only director of an incorporated conveyancing firm.

(2) For the purposes of this section, a practitioner does not practise on his or her own account without partners only by reason of the application to that practitioner of section 30(2) or section 37(2).

Without prejudice to Schedule 1 or any of the provisions of this Part, a practitioner to whom Schedule 1 applies commits an offence if, without lawful justification or excuse, he or she—

• (a) fails to give a power of attorney in accordance with clause 2(1) or clause 3(1) or clause 4(1) or clause 5(1) of Schedule 1, as the case may require; or

• (b) revokes a power of attorney otherwise than in accordance with clause 14 of Schedule 1; or

• (c) fails to give a notice under clause 20 of Schedule 1.

A person who commits an offence against section 21 or section 22 or section 23 or section 24 or section 26 or section 30(6) or section 32 or section 33 or section 35 or section 37(6) or section 45 is liable on summary conviction,—

• (a) in the case of a natural person, to a fine not exceeding $50,000:

• (b) in the case of a corporation, to a fine not exceeding $150,000.

This Part does not limit or affect—

• (a) section 168 of the Animal Welfare Act 1999; or

• (b) section 68 of the Court Martial Act 2007; or

• (c) sections 323 and 324 of the Children, Young Persons, and Their Families Act 1989; or

• (d) section 4A(3) of the Commissions of Inquiry Act 1908; or

• (e) section 214(1) of the Copyright Act 1994; or

• (f) section 40 of the Designs Act 1953; or

• (g) section 38 of the Disputes Tribunals Act 1988; or

• (h) section 236 of the Employment Relations Act 2000; or

• (i) section 108(3) of the Human Rights Act 1993; or

• (j) section 101 of the Patents Act 1953; or

• (k) section 37 of the Summary Proceedings Act 1957; or

• (l) section 190 of the Trade Marks Act 2002.

(1) Every person admitted by the High Court under this Act must be admitted as a barrister and solicitor; and no person may be admitted as a barrister or solicitor only.

(2) Subject to this Act and to any order made under it, and to the express provisions of any other enactment, every person admitted as a barrister and solicitor is entitled, while his or her qualification continues, to practise in or before any court or tribunal.

(1) A person is qualified for admission as a barrister and solicitor if he or she is in at least 1 of the categories in this section.

(2) The first category is persons who—

• (a) have all the qualifications for admission prescribed or required by the New Zealand Council of Legal Education; and

• (b) are fit and proper persons to be admitted as barristers and solicitors of the High Court; and

• (c) meet the criteria prescribed by rules made under section 54.

(3) The second category is persons who—

• (a) have been admitted as a barrister, solicitor, barrister and solicitor, advocate, or attorney by the superior court of any other country; and

• (b) have all the qualifications prescribed or required by the New Zealand Council of Legal Education in consultation with the Council of the New Zealand Law Society; and

• (c) are fit and proper persons to be admitted as barristers and solicitors of the High Court; and

• (d) meet the criteria prescribed by rules made under section 54.

(4) The third category is persons who have been issued with a certificate by a Registrar stating that the candidate has given notice under section 19 of the Trans-Tasman Mutual Recognition Act 1997 to the Registrar acting as a local registration authority under that Act.

(1) A document purporting to be signed on behalf of any university in New Zealand by a person authorised for the purpose, by name or office, by the New Zealand Council of Legal Education and certifying that a candidate has a qualification for admission prescribed or required by the New Zealand Council of Legal Education is, in the absence of proof to the contrary, sufficient evidence of that fact.

(2) A document purporting to be signed by the chief executive of the New Zealand Council of Legal Education, or his or her delegate, and certifying that a candidate has all the qualifications for admission prescribed or required by the New Zealand Council of Legal Education is, in the absence of proof to the contrary, sufficient evidence of that fact.

A certificate purporting to be signed by the executive director of the New Zealand Law Society, or a person authorised for the purpose, by name or office, by the Council of the New Zealand Law Society, and certifying that a candidate is both a fit and proper person to be admitted as a barrister and solicitor of the High Court and a person who meets the criteria prescribed by rules made under section 54 is, in the absence of proof to the contrary, sufficient evidence of those facts.

(1) A candidate seeking admission on the ground that he or she is qualified under section 49(2) or (3) must apply to the High Court in accordance with this Act and with any rules made under this Act.

(2) The High Court must make an order admitting the candidate as a barrister and solicitor of the High Court if—

• (a) the High Court is satisfied that the candidate is qualified for admission under section 49(2) or (3); and

• (b) the candidate has taken the following oath:

  “I, AB, swear that I will truly and honestly conduct myself in the practice of a barrister and solicitor according to the best of my knowledge and ability.”

(3) A candidate seeking admission on the ground that he or she is qualified under section 49(4) must apply to the High Court.

(4) The High Court must make an order admitting the candidate as a barrister and solicitor of the High Court if the High Court is satisfied that the candidate is qualified for admission under section 49(4).

(5) Nothing in subsection (4) or section 49(4) limits the provisions of sections 20 to 28 of the Trans-Tasman Mutual Recognition Act 1997.

(1) Where the Governor-General is satisfied—

• (a) that the law relating to the admission of barristers or solicitors of the superior court of any country other than New Zealand is such as to ensure that they possess proper qualifications and competence; and

• (b) that by the law of that country barristers and solicitors of the High Court of New Zealand will be entitled to admission as barristers or as solicitors of that superior court on terms as favourable as those on which barristers or solicitors of that court will under this Act be entitled to admission as barristers and solicitors of the High Court of New Zealand,—

the Governor-General may, by Order in Council, order that barristers or solicitors of that superior court who have been in practice before that court for not less than 3 years must, on giving due notice and the prescribed proof of their qualifications and good character, and on payment of the prescribed fees, but subject to any exceptions, conditions, and modifications specified in the order, be admitted as barristers and solicitors of the High Court of New Zealand without examination.

(2) Any such order may refer to barristers only, or to solicitors only, or to barristers and solicitors, of any such country.

(3) Every person admitted under any such order is deemed to have been duly admitted under this Act.

(4) By the same or any subsequent order, the Governor-General may provide for all matters authorised by this section to be prescribed, and for all matters necessary to give effect to the order and to this section.

(1) Rules, not inconsistent with this Act, may from time to time be made, in the manner prescribed by the Judicature Act 1908, in respect of the evidence of the qualifications, character, and fitness of candidates, and generally in respect of any matter relating to the admission of candidates as barristers and solicitors of the High Court.

(2) Rules made under this section may prescribe non-educational criteria to be met by candidates for admission as barristers or as barristers and solicitors, which criteria may preclude the admission of a person who has, at any time, been convicted of an offence of a kind or class specified in rules made under this section or who has, at any time, been declared bankrupt.

(3) Nothing in subsection (2) limits the generality of subsection (1).

(1) For the purpose of determining whether or not a person is a fit and proper person to be admitted as a barrister and solicitor of the High Court, the High Court or the New Zealand Law Society may take into account any matters it considers relevant and, in particular, may take into account any of the following matters:

• (a) whether the person is of good character:

• (b) whether the person has, at any time, been declared bankrupt or been a director of a company that has been put into receivership or liquidation:

• (c) whether the person has been convicted of an offence in New Zealand or a foreign country; and, if so,—

  • (i) the nature of the offence; and

  • (ii) the time that has elapsed since the offence was committed; and

  • (iii) the person's age when the offence was committed:

• (d) whether the person has engaged in legal practice in New Zealand when not admitted under this Act or a corresponding law, or not holding an appropriate New Zealand practising certificate, as required by law:

• (e) whether the person has practised law in a foreign country—

  • (i) when not permitted by or under the law of that country to do so; or

  • (ii) if permitted to do so, in contravention of a condition of the permission:

• (f) whether the person is subject to—

  • (i) an unresolved complaint under a corresponding foreign law; or

  • (ii) a current investigation, charge, or order by a regulatory or disciplinary body for persons engaging in legal practice under a corresponding foreign law:

• (g) whether the person—

  • (i) is a subject of current disciplinary action in another profession or occupation in New Zealand or a foreign country; or

  • (ii) has been the subject of disciplinary action of that kind that has involved a finding of guilty, however expressed:

• (h) whether the person's name has been removed from a foreign roll, and that person's name has not been restored:

• (i) whether the person's right of practice as a lawyer has been cancelled or suspended in a foreign country:

• (j) whether the person has contravened, in New Zealand or a foreign country, a law about trust money or a trust account:

• (k) whether the person is subject to an order under this Act or a corresponding law disqualifying the person from being employed by, or a partner of, a lawyer or an incorporated law firm:

• (l) whether, because of a mental or physical condition, the person is unable to perform the functions required for the practice of the law.

(2) The High Court or the New Zealand Law Society may determine that a person is a fit and proper person to be admitted as a barrister and solicitor even though the person—

• (a) is within any of the categories mentioned in any of the paragraphs of subsection (1); or

• (b) does not satisfy all of the criteria prescribed by rules made under section 54.

(3) Subsection (1) does not limit—

• (a) the grounds on which it may be determined that a candidate is not a fit and proper person for admission as a barrister and solicitor; or

• (b) the criteria that may be prescribed by rules made under section 54.

Every Registrar must keep in his or her office a roll of barristers and solicitors.

On the making by the High Court of an order admitting any person as a barrister and solicitor, and on payment of the prescribed admission fee, the Registrar must place that person's name on the roll.

(1) On the publication in the Gazette of a notice of an order made by the Lawyers and Conveyancers Disciplinary Tribunal, or by the High Court on appeal from the Lawyers and Conveyancers Disciplinary Tribunal, that the name of a barrister and solicitor be struck off the roll, the Registrar must forthwith strike that name off the roll.

(2) On the publication in the Gazette of a notice of an order made by the Lawyers and Conveyancers Disciplinary Tribunal that the name of a person be restored to the roll, and on payment of the prescribed restoration fee, the Registrar must restore that name to the roll.

(3) In each case, the Registrar must make an entry in the roll of the date and effect of the order and of the fact that it was made by the Lawyers and Conveyancers Disciplinary Tribunal or by the High Court on appeal from that Tribunal, as the case may require.

(1) The Registrar must remove from the roll the name of a barrister and solicitor who—

• (a) was admitted under section 52(4); and

• (b) had deemed registration under the Trans-Tasman Mutual Recognition Act 1997 at the time he or she was admitted,—

if the Registrar receives written notice from a Registrar acting as a local registration authority that the deemed registration has ceased for a reason set out in section 28(1)(a) or section 28(1)(c) to (e) of that Act.

(2) The Registrar must cause to be published in the Gazette a notice to the effect that the name has been removed from the roll under this section.

(3) The expenses incurred in publishing the notice must be paid by the person whose name is removed.

(1) Any person may, at any time, with the prior consent of the Council of the New Zealand Law Society, request the Registrar to remove his or her name from the roll.

(2) Any person whose name has been removed from the roll under this section may, at any time, with the prior consent of the Council of the New Zealand Law Society, request the Registrar to restore his or her name to the roll.

(3) On being satisfied that such consent has been given, the Registrar must—

• (a) remove the person's name from the roll or, as the case may require, restore it to the roll; and

• (b) forthwith cause to be published in the Gazette a notice to the effect that the name has been removed from, or, as the case may be, restored to, the roll at the request of the person under this section.

(4) The expenses incurred in publishing the notice must be paid by the person whose name is removed or restored.

Every Registrar must supply to the New Zealand Law Society from time to time such information as it requires for the purpose of issuing practising certificates.

The Council of the New Zealand Law Society may, from time to time, with the approval of the Minister, fix fees to be paid to the Society—

• (a) by any candidate for admission as a barrister and solicitor:

• (b) by any person for the restoration of his or her name to the roll.

(1) This section continues in being the society called the New Zealand Law Society (being the society continued in being by section 3(1) of the Law Practitioners Act 1982 and existing at the commencement of this section).

(2) The New Zealand Law Society is a body corporate with perpetual succession and a common seal, and, except as provided in this Act, has and may exercise—

• (a) all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity; and

• (b) the power to do any other thing it is authorised to do—

  • (i) by this Act; or

  • (ii) by any other enactment; or

  • (iii) by any rule of law.

(3) The New Zealand Law Society may not exercise any of its rights, powers, or privileges except for the purpose of performing its functions.

The New Zealand Law Society has members in accordance with its constitution and this Act, but membership is voluntary and does not of itself—

• (a) impose on the members any liability in respect of any contract, debt, or other obligation made or incurred by the New Zealand Law Society; or

• (b) confer on the members any right, title, or interest in the property of the New Zealand Law Society.

The regulatory functions of the New Zealand Law Society are—

• (a) to control and regulate the practice in New Zealand by barristers and by barristers and solicitors of the profession of the law:

• (b) to uphold the fundamental obligations imposed on lawyers who provide regulated services in New Zealand:

• (c) to monitor and enforce the provisions of this Act, and of any regulations and rules made under it, that relate to the regulation of lawyers:

• (d) to monitor and enforce, throughout the period specified in any order made under section 390, the provisions of this Act, and of any regulations and rules made under it, that relate to the regulation of conveyancers:

• (e) to assist and promote, for the purpose of upholding the rule of law and facilitating the administration of justice in New Zealand, the reform of the law.

The representative functions of the New Zealand Law Society are to represent its members and to serve their interests.

(1) The New Zealand Law Society has all such powers, rights, and authorities as are necessary or expedient for or conducive to the performance of its regulatory functions.

(2) Without limiting the generality of subsection (1), the New Zealand Law Society has, in addition to any other powers conferred on it by this or any other Act, the following powers:

• (a) to issue practising certificates to all barristers and barristers and solicitors who seek to provide legal services:

• (b) to keep and maintain a register of the persons who hold practising certificates as barristers or as barristers and solicitors:

• (c) to make practice rules that are binding on all lawyers or any specified class of lawyers:

• (d) to oppose any application made for admission as a barrister and solicitor, or any other application made under this Act:

• (e) to institute prosecutions against lawyers or other persons for the breach of any statute, rules, or regulations relating to the provision of legal services:

• (f) to appoint and pay any person to perform any work or services for the Society, or any lawyer to appear before any court, tribunal, or other body in any matter in which the Society is concerned or interested:

• (g) to pay all costs, witnesses' expenses, and other payments incidental to, or connected with, any application or proceedings to which the Society is a party or at the hearing of which it is entitled to appear:

• (h) to pay the whole or any part of the expenses incurred by members in attending meetings of the Council of the Society or meetings of any committee appointed by the Council.

(3) The New Zealand Law Society may, in its regulatory capacity and for the purpose of enabling the fulfilment of its regulatory functions under this Act, publish information for the education of lawyers and the public.

(4) The New Zealand Law Society, in its regulatory capacity, may provide and charge for services, including premises, for the purpose of the Society's representative functions and powers, but the Society must not in its regulatory capacity subsidise the provision of any such services.

(1) The New Zealand Law Society has all such powers, rights, and authorities as are necessary or expedient for, or conducive to, the performance of its representative functions.

(2) Without limiting the generality of subsection (1), the New Zealand Law Society has, in addition to any other powers conferred on it by this or any other Act, the following powers:

• (a) to provide or arrange for the provision of services and facilities for lawyers, including seminars and educational and training services and facilities:

• (b) to publish periodicals, pamphlets, and other materials:

• (c) to establish or join in establishing any body, whether incorporated or not, and whether in New Zealand or elsewhere, for the purpose of the performance or exercise of any of the Society's representative functions or powers.

(3) The New Zealand Law Society, in its representative capacity, may provide and charge for services, including premises, for the purpose of the Society's regulatory functions and powers. Charges for the provision of such services must not exceed fair market rates.

(1) The New Zealand Law Society has the power to borrow money required by it to perform its functions in either its regulatory capacity or its representative capacity or both.

(2) The New Zealand Law Society has the power to mortgage, charge, or otherwise grant security over assets held and levies made in its regulatory capacity in order to secure borrowings made to enable it to perform its regulatory functions.

(3) The New Zealand Law Society has the power to mortgage, charge, or otherwise grant security over the assets held by it for the benefit of its members to secure borrowings made by it to enable it to perform its representative functions.

(1) The New Zealand Law Society must have a constitution that provides for—

• (a) a Council of the New Zealand Law Society and the powers of the Council; and

• (b) the ways in which persons become members of the New Zealand Law Society; and

• (c) the ways in which persons cease to be members of the New Zealand Law Society; and

• (d) the summoning and holding of general meetings of the New Zealand Law Society, and the method of voting at those meetings; and

• (e) a president and 1 or more vice-presidents of the Council; and

• (f) an Executive Board of the New Zealand Law Society; and

• (g) the appointment by the Council of an executive director of the New Zealand Law Society, who may be a member of the Council; and

• (h) the amendment and replacement of the constitution.

(2) In addition to the provisions required by subsection (1), the constitution may contain any other provisions that are not inconsistent with this Act or any other Act or any rule of law.

(1) The Council of the New Zealand Law Society must, no later than 14 days after the day on which this section comes into force, deliver to the Registrar of Companies at Wellington for registration a document, which is to be described as and which is to constitute the constitution of the New Zealand Law Society.

(2) The Council of the New Zealand Law Society must, no later than 14 days after the passing of any amendment to the constitution or the replacement of the constitution, deliver to the Registrar of Companies at Wellington for registration a copy of the amendment or the new constitution.

The provisions of the constitution of the New Zealand Law Society and the provisions of any amendment to that constitution or to any new constitution adopted by the New Zealand Law Society are regulations for the purposes of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

(1) Every lawyer must pay an annual practising fee to the New Zealand Law Society.

(2) The amount of the annual practising fee is to be fixed from time to time by a resolution made by the Council of the New Zealand Law Society, with the approval of the Minister.

(3) The money received by the New Zealand Law Society by way of practising fees is to be used by the Society for the sole purpose of funding the regulatory functions and powers of the Society.

(4) A resolution under subsection (2) may provide for the payment of practising fees of different amounts by different classes of lawyers.

(5) A practising fee is payable in such manner as the practice rules prescribe or authorise and is recoverable on behalf of the New Zealand Law Society as a debt due to it.

(1) The Council of the New Zealand Law Society—

• (a) may, by resolution, for the sole purpose of funding the regulatory functions and powers of the Society, impose on lawyers a levy or levies not exceeding in the aggregate in any year, in respect of any lawyer, an amount equal to one-quarter of the maximum practising fee payable by any lawyer for that year; and

• (b) in addition, may, by resolution, for the purpose of section 221(1), impose on all lawyers a levy or levies to recover from those lawyers the amount of any levy paid by the Society under section 217 or section 219.

(2) Any resolution under subsection (1) may provide—

• (a) for payment of the levy—

  • (i) by all lawyers; or

  • (ii) by any specified class or classes of lawyers; or

  • (iii) by lawyers practising in any specified part or parts of New Zealand:

• (b) for the payment of different amounts—

  • (i) by different classes of lawyers; or

  • (ii) by lawyers practising in different parts of New Zealand.

(3) The proceeds of any levy imposed under subsection (1) must not be used by the Society in the exercise of its representative functions and powers or to meet any debt or liability incurred by the Society in respect of its representative functions and powers.

(4) The amount of any levy imposed under subsection (1) is payable in such manner as the practice rules prescribe or authorise, and is recoverable on behalf of the New Zealand Law Society as a debt due to it.

(1) For the sole purpose of funding the representative functions and powers of the New Zealand Law Society, the Council of that Society may, by resolution, require the payment of a subscription by each member of that Society.

(2) Any resolution under subsection (1) may provide—

• (a) for the payment of the subscription—

  • (i) by all members; or

  • (ii) by any specified class or classes of members; or

  • (iii) by members practising in any specified part or parts of New Zealand:

• (b) for the payment of different amounts—

  • (i) by different classes of members; or

  • (ii) by members practising in different parts of New Zealand.

(3) The amount of any subscription is payable in such manner as the constitution prescribes or authorises and is recoverable on behalf of the New Zealand Law Society as a debt due to it.

(1) The New Zealand Law Society must, as soon as practicable after the end of each year ending with 30 June, furnish to the Minister a report on the exercise of its regulatory functions and powers during that year.

(2) The report must include financial statements in relation to the exercise of those functions and powers.

(3) The Minister must present a copy of the report to the House of Representatives as soon as practicable after its receipt by the Minister.

(1) This section establishes a New Zealand Society of Conveyancers.

(2) The New Zealand Society of Conveyancers is a body corporate with perpetual succession and a common seal, and, except as provided in this Act, has and may exercise—

• (a) all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity; and

• (b) the power to do any other thing it is authorised to do—

  • (i) by this Act; or

  • (ii) by any other enactment; or

  • (iii) by any rule of law.

(3) The New Zealand Society of Conveyancers may not exercise any of its rights, powers, or privileges except for the purpose of performing its functions.

The New Zealand Society of Conveyancers has members in accordance with its constitution and this Act, but membership is voluntary and does not of itself—

• (a) impose on the members any liability in respect of any contract, debt, or other obligation made or incurred by the New Zealand Society of Conveyancers; or

• (b) confer on the members any right, title, or interest in the property of the New Zealand Society of Conveyancers.

The regulatory functions of the New Zealand Society of Conveyancers are—

• (a) to control and regulate the practice in New Zealand by conveyancers of the profession of conveyancing:

• (b) to uphold the fundamental obligations imposed on conveyancing practitioners who provide regulated services:

• (c) to monitor and enforce the provisions of this Act, and of any regulations and rules made under it, that relate to the regulation of conveyancing practitioners:

• (d) to perform and exercise, in relation to the profession of conveyancing, functions and powers similar to those conferred on the New Zealand Council of Legal Education by sections 274 and 275.

The representative functions of the New Zealand Society of Conveyancers are to represent its members and to serve their interests.

(1) The New Zealand Society of Conveyancers has all such powers, rights, and authorities as are necessary or expedient for, or conducive to, the performance of its regulatory functions.

(2) Without limiting the generality of subsection (1), the New Zealand Society of Conveyancers has, in addition to any other powers conferred on it by this or any other Act, the following powers:

• (a) to make, under section 82, rules providing for the registration of conveyancers:

• (b) to issue practising certificates to all registered conveyancers who seek to provide conveyancing services:

• (c) to keep and maintain a register of the registered conveyancers who hold practising certificates as conveyancers:

• (d) to make practice rules that are binding on all conveyancing practitioners or any specified class of conveyancing practitioners:

• (e) to institute prosecutions against conveyancing practitioners or other persons for the breach of any statute, rules, or regulations relating to the provision of conveyancing services:

• (f) to appoint and pay any person to perform any work or services for the Society, or any lawyer to appear before any court, tribunal, or other body in any matter in which the Society is concerned or interested:

• (g) to pay all costs, witnesses' expenses, and other payments incidental to, or connected with, any application or proceedings to which the Society is a party or at the hearing of which it is entitled to appear:

• (h) to pay the whole or any part of the expenses incurred by members in attending meetings of the Council of the Society or meetings of any committee appointed by the Council.

(3) The New Zealand Society of Conveyancers may, in its regulatory capacity and for the purpose of enabling the fulfilment of its regulatory functions under this Act, publish information for the education of conveyancing practitioners and the public.

(4) The New Zealand Society of Conveyancers, in its regulatory capacity, may provide and charge for services, including premises, for the purpose of the Society's representative functions and powers, but the Society must not in its regulatory capacity subsidise the provision of any such services.

(1) The New Zealand Society of Conveyancers must have, under section 81(2)(a), rules providing for the registration of conveyancers.

(2) The rules must—

• (a) prescribe the criteria to be met by candidates for registration as conveyancers:

• (b) provide not only for the grant of registration but also for the postponement or refusal of registration:

• (c) provide for the imposition of conditions on a grant of registration:

• (d) provide for the cancellation or suspension of registration:

• (e) prescribe the fees payable in respect of registration and applications for registration:

• (f) provide for the amendment of the register if a person has been wrongfully registered or the particulars appearing in the register in relation to any person are incorrect:

• (g) provide for the register to be open to public inspection, at all reasonable times, without fee.

(3) The rules must,—

• (a) for the purpose of ensuring that those granted registration as conveyancers are qualified to provide conveyancing services in New Zealand, provide educational criteria to be met by candidates for registration as conveyancers; and

• (b) for the purpose of ensuring that foreign qualifications, registration, and experience can be taken into account, provide for, or include mechanisms providing for, the recognition of foreign qualifications, registration, and experience.

(4) The rules may—

• (a) provide for the appointment of officers and committees and other bodies, and define their functions and powers:

• (b) prescribe conditions subject to which registration may be granted:

• (c) prescribe forms:

• (d) provide for the delegation of functions, duties, and powers:

• (e) confer rights of appeal against any decision or determination made, or any requirement or condition imposed, under the rules.

(1) For the purpose of determining whether or not a person is a fit and proper person to be granted registration as a conveyancer, the New Zealand Society of Conveyancers or any other body that is required to consider an application for the grant of registration as a conveyancer may take into account any matters it considers relevant and, in particular, may take into account any of the following matters:

• (a) whether the person is of good character:

• (b) whether the person has, at any time, been declared bankrupt or been a director of a company that has been put into receivership or liquidation:

• (c) whether the person has been convicted of an offence in New Zealand or a foreign country; and, if so,—

  • (i) the nature of the offence; and

  • (ii) the time that has elapsed since the offence was committed; and

  • (iii) the person's age when the offence was committed:

• (d) whether the person has provided conveyancing services in New Zealand when not registered under this Act or a corresponding law, or not holding an appropriate New Zealand practising certificate, as required by law:

• (e) whether the person has provided conveyancing services in a foreign country—

  • (i) when not permitted by or under the law of that country to do so; or

  • (ii) if permitted to do so, in contravention of a condition of the permission:

• (f) whether the person is subject to—

  • (i) an unresolved complaint under a corresponding foreign law; or

  • (ii) a current investigation, charge, or order by a regulatory or disciplinary body for persons engaging in legal practice under a corresponding foreign law:

• (g) whether the person—

  • (i) is a subject of current disciplinary action in another profession or occupation in New Zealand or a foreign country; or

  • (ii) has been the subject of disciplinary action of that kind that has involved a finding of guilty, however expressed:

• (h) whether the person's name has been removed from a foreign register, and that person's name has not been restored:

• (i) whether the person's right to provide conveyancing services has been cancelled or suspended in a foreign country:

• (j) whether the person has contravened, in New Zealand or a foreign country, a law about trust money or a trust account:

• (k) whether the person is subject to an order under this Act or a corresponding law disqualifying the person from being employed by, or a partner of, a conveyancing practitioner or an incorporated conveyancing firm:

• (l) whether, because of a mental or physical condition, the person is unable to perform the functions required for the provision of conveyancing services.

(2) The New Zealand Society of Conveyancers, or any other person who is required to consider an application for the grant of registration as a conveyancer, may determine that a person is a fit and proper person to be granted registration as a conveyancer even though the person is within any of the categories mentioned in any of the paragraphs of subsection (1).

(3) Subsection (1) does not limit—

• (a) the grounds on which it may be determined that a person is not a fit and proper person to be granted registration as a conveyancer; or

• (b) the grounds on which it may be determined that a person does not have the qualifications or experience required for registration as a conveyancer; or

• (c) the criteria that may be prescribed by rules made under section 82(2)(a).

(1) The rules referred to in section 82(3) may,—

• (a) subject to this Act, set, or provide for the setting of, the qualification and educational requirements for candidates for registration as conveyancers:

• (b) subject to this Act, define and prescribe, or provide for the defining and prescribing of, courses of study required to be undertaken by candidates for registration as conveyancers:

• (c) provide for the delivery of the courses of study referred to in paragraph (b):

• (d) provide for the New Zealand Society of Conveyancers to deliver, where necessary, the courses of study referred to in paragraph (b) or the courses of study referred to in paragraph (e) or both:

• (e) provide for the licensing of other persons to deliver courses of study in practical legal training for candidates for registration as conveyancers:

• (f) provide for the making of arrangements under which the courses of study referred to in paragraph (b) are to be monitored and assessed:

• (g) prescribe, in relation to the registration of conveyancers, mechanisms for—

  • (i) the recognition of foreign qualifications, registration, and experience; and

  • (ii) the recognition of qualifications for the purposes of the principle set out in section 15 of the Trans-Tasman Mutual Recognition Act 1997:

• (h) subject to this Act, provide for the granting to any candidate for registration as a conveyancer such credits (whether ad eundem or otherwise) or exemptions as it thinks fit, and on such conditions as it thinks fit, for the purposes of any course of study:

• (i) encourage and, where the New Zealand Society of Conveyancers thinks it necessary or appropriate, provide for research and postgraduate study:

• (j) provide for the tendering of advice to the council of any university on any matter relating to the education of conveyancers:

• (k) provide for the making to the Minister of any reports that the Minister requires relating to the education of conveyancers:

• (l) subject to this Act and any other Act, provide for the New Zealand Society of Conveyancers to do whatever it considers necessary or expedient in order that it may best accomplish the purposes for which it exists.

(2) Without limiting subsection (1), rules of the kind described in that subsection—

• (a) may require that a candidate credited or exempted under rules of the kind described in subsection (1)(h) must pass an examination in the law of New Zealand relating to conveyancing or in the practice of law in New Zealand relating to conveyancing or in both:

• (b) may provide for the New Zealand Society of Conveyancers to charge any person or organisation reasonable fees in respect of—

  • (i) any matter the person or organisation submits to the New Zealand Society of Conveyancers for its consideration:

  • (ii) any work or services the New Zealand Society of Conveyancers has done or performed for the person or organisation:

  • (iii) enrolling for or sitting any examination conducted or proposed to be conducted by, or on behalf of, the New Zealand Society of Conveyancers.

(1) The New Zealand Society of Conveyancers has all such powers, rights, and authorities as are necessary or expedient for, or conducive to, the performance of its representative functions.

(2) Without limiting the generality of subsection (1), the New Zealand Society of Conveyancers has, in addition to any other powers conferred on it by this or any other Act, the following powers:

• (a) to provide or arrange for the provision of services and facilities for conveyancing practitioners, including seminars and educational and training services and facilities:

• (b) to publish periodicals, pamphlets, and other materials:

• (c) to establish or join in establishing any body, whether incorporated or not, and whether in New Zealand or elsewhere, for the purpose of the exercise of any of the Society's representative functions or powers.

(3) The New Zealand Society of Conveyancers, in its representative capacity, may provide and charge for services, including premises, for the purpose of the Society's regulatory functions and powers. Charges for the provision of such services must not exceed fair market rates.

(1) The New Zealand Society of Conveyancers has the power to borrow money required by it to perform its functions in either its regulatory capacity or its representative capacity or both.

(2) The New Zealand Society of Conveyancers has the power to mortgage, charge, or otherwise grant security over assets held and levies made in its regulatory capacity in order to secure borrowings made to enable it to perform its regulatory functions.

(3) The New Zealand Society of Conveyancers has the power to mortgage, charge, or otherwise grant security over the assets held by it for the benefit of its members to secure borrowings made by it to enable it to perform its representative functions.

(1) The New Zealand Society of Conveyancers must have a constitution that provides for—

• (a) a Council of the New Zealand Society of Conveyancers and the powers of the Council; and

• (b) the ways in which persons become members of the New Zealand Society of Conveyancers; and

• (c) the ways in which persons cease to be members of the New Zealand Society of Conveyancers; and

• (d) the summoning and holding of general meetings of the New Zealand Society of Conveyancers, and the method of voting at those meetings; and

• (e) a president and 1 or more vice-presidents of the Council; and

• (f) an Executive Board of the New Zealand Society of Conveyancers; and

• (g) the amendment and replacement of the constitution.

(2) In addition to the provisions required by subsection (1), the constitution may contain any other provisions that are not inconsistent with this Act or any other Act or any rule of law.

(1) The Council of the New Zealand Society of Conveyancers must, no later than 14 days after the day on which this section comes into force, deliver to the Registrar of Companies at Wellington for registration a document, which is to be described as, and which is to constitute, the constitution of the New Zealand Society of Conveyancers.

(2) The Council of the New Zealand Society of Conveyancers must, no later than 14 days after the passing of any amendment to the constitution or the replacement of the constitution, deliver to the Registrar of Companies at Wellington for registration a copy of the amendment or the new constitution.

The provisions of the constitution of the New Zealand Society of Conveyancers and the provisions of any amendment to that constitution or to any new constitution adopted by the New Zealand Society of Conveyancers are regulations for the purposes of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

(1) Every conveyancing practitioner must pay an annual practising fee to the New Zealand Society of Conveyancers.

(2) The amount of the annual practising fee is to be fixed from time to time by a resolution made by the Council of the New Zealand Society of Conveyancers, with the approval of the Minister.

(3) The money received by the New Zealand Society of Conveyancers by way of practising fees is to be used by the Society for the sole purpose of funding the regulatory functions and powers of the Society.

(4) A resolution under subsection (2) may provide for the payment of practising fees of different amounts by different classes of conveyancing practitioners.

(5) A practising fee is payable in such manner as the practice rules prescribe or authorise and is recoverable on behalf of the New Zealand Society of Conveyancers as a debt due to it.

(1) The Council of the New Zealand Society of Conveyancers—

• (a) may, by resolution, for the sole purpose of funding the regulatory functions and powers of the Society, impose on conveyancing practitioners a levy or levies not exceeding in the aggregate in any year, in respect of any conveyancing practitioner, an amount equal to one-quarter of the maximum practising fee payable by any conveyancing practitioner for that year; and

• (b) in addition, may, by resolution, for the purpose of section 221(2), impose on all conveyancing practitioners a levy or levies to recover from those practitioners the amount of any levy paid by the Society under section 217 or section 219.

(2) Any resolution under subsection (1) may provide—

• (a) for payment of the levy—

  • (i) by all conveyancing practitioners; or

  • (ii) by any specified class or classes of conveyancing practitioners; or

  • (iii) by conveyancing practitioners practising in any specified part or parts of New Zealand:

• (b) for the payment of different amounts—

  • (i) by different classes of conveyancing practitioners; or

  • (ii) by conveyancing practitioners practising in different parts of New Zealand.

(3) The proceeds of any levy imposed under subsection (1) must not be used by the Society in the performance and exercise of its representative functions and powers or to meet any debt or liability incurred by the Society in respect of its representative functions and powers.

(4) The amount of any levy imposed under subsection (1) is payable in such manner as the practice rules prescribe or authorise, and is recoverable on behalf of the New Zealand Society of Conveyancers as a debt due to it.

(1) For the sole purpose of funding the representative functions and powers of the New Zealand Society of Conveyancers, the Council of that Society may, by resolution, require the payment of a subscription by each member of that Society.

(2) Any resolution under subsection (1) may provide—

• (a) for the payment of the subscription—

  • (i) by all members; or

  • (ii) by any specified class or classes of members; or

  • (iii) by members practising in any specified part or parts of New Zealand:

• (b) for the payment of different amounts—

  • (i) by different classes of members; or

  • (ii) by members practising in different parts of New Zealand.

(3) The amount of any subscription is payable in such manner as the constitution prescribes or authorises, and is recoverable on behalf of the New Zealand Society of Conveyancers as a debt due to it.

(1) The New Zealand Society of Conveyancers must, as soon as practicable after the end of each year ending with 30 June, furnish to the Minister a report on the performance and exercise of its regulatory functions and powers during that year.

(2) The report must include financial statements in relation to the performance and exercise of those functions and powers.

(3) The Minister must present a copy of the report to the House of Representatives as soon as practicable after its receipt by the Minister.

The New Zealand Law Society and the New Zealand Society of Conveyancers must each have rules that include or provide for—

• (a) the criteria for eligibility for a practising certificate:

• (b) the payment of the practising fees that are payable under section 73 or section 90 and the issue of practising certificates under section 39(1) or section 39(2):

• (c) the payment of levies imposed by a resolution made under section 74(1) or section 91(1), and the payment of subscriptions payable under a resolution made under section 75(1) or section 92(1):

• (d) the keeping and maintenance of a register of practitioners:

• (e) standards of professional conduct and client care:

• (f) in the case of the New Zealand Law Society, the matters relating to the Lawyers' Fidelity Fund that are referred to in section 309:

• (g) in the case of the New Zealand Society of Conveyancers, the matters relating to the Conveyancing Practitioners' Fidelity Fund that are referred to in section 310:

• (h) in the case of the New Zealand Law Society, the circumstances in which, and the conditions subject to which, lawyers and incorporated law firms may share with patent attorneys the income from any business involving the provision of regulated services to the public:

• (i) the requirements to be met before a practitioner may practise as such on his or her own account, whether as a sole practitioner, in partnership, or otherwise:

• (j) a requirement for practitioners and incorporated firms to provide clients in advance with information on the principal aspects of client service, including—

  • (i) the basis on which fees will be charged; and

  • (ii) indemnity insurance arrangements or other arrangements in respect of professional indemnity; and

  • (iii) the coverage provided by any fidelity fund; and

  • (iv) complaints mechanisms:

• (k) the regulation of the receipt, holding, and disbursement of money and other property received or held by practitioners or incorporated firms on behalf of other persons:

• (l) the operation of the complaints service established by it under section 121:

• (m) the criteria to be met by persons who are candidates for appointment as investigators:

• (n) the circumstances and manner in which the appointment of an investigator may be revoked:

• (o) the kinds of conduct, including criminal offences, for which a practitioner or former practitioner may be disciplined:

• (p) prescribing the maximum sum that a Standards Committee may order be paid under section 156(1)(d) by way of compensation:

• (q) the delegation of functions, duties, and powers under the practice rules:

• (r) the amendment and replacement of the practice rules.

The New Zealand Law Society and the New Zealand Society of Conveyancers, in exercising the powers conferred by section 94(e), must each have rules that include or provide for a code of professional conduct and client care, which will be a reference point for discipline and which will focus on, but need not be limited to,—

• (a) in the case of lawyers, the duties of lawyers as officers of the High Court and the duties of lawyers to their clients:

• (b) in the case of conveyancing practitioners, the duties of conveyancing practitioners to their clients:

• (c) in the case of both lawyers and conveyancing practitioners, the duties imposed on them by their fundamental obligation to be independent in providing regulated services to their clients.

Practice rules made by the Council of the New Zealand Law Society must regulate, or provide for the regulation of, the formation, operation, management, and winding up of nominee companies that—

• (a) are operated by barristers and solicitors or incorporated law firms; and

• (b) invest money in contributory mortgages or other securities on behalf of clients.

(1) Practice rules made by the New Zealand Law Society—

• (a) must provide for the issue of practising certificates to persons as “barristers” or “barristers and solicitors”:

• (b) may require lawyers, or any class of lawyers, to undertake ongoing legal education relating to the law or the practice of law.

(2) Practice rules made pursuant to subsection (1)(b) may, without limitation,—

• (a) provide for the times or frequencies at which the legal education must be undertaken and the topics to be addressed:

• (b) require that particular legal education be undertaken, or (in addition or as an alternative) require that the legal education comply with specified requirements:

• (c) exempt, or provide for the exemption of, any lawyer or class of lawyer, from all or any practice rules made pursuant to subsection (1)(b).

(1) Practice rules made by the New Zealand Society of Conveyancers—

• (a) must provide educational criteria to be met by candidates for practising certificates as conveyancing practitioners:

• (b) must provide for, or include mechanisms providing for, the recognition of foreign qualifications, registration, and experience:

• (c) may require conveyancing practitioners, or any class of conveyancing practitioners, to undertake ongoing education relating to the law or the practice of conveyancing.

(2) Practice rules made pursuant to subsection (1)(c) may, without limitation,—

• (a) provide for the times or frequencies at which the education must be undertaken and the topics to be addressed:

• (b) require that particular education be undertaken, or (in addition or as an alternative) require that the education comply with specified requirements:

• (c) exempt, or provide for the exemption of, any conveyancing practitioner or class of conveyancing practitioner from all or any rules made under section 94 pursuant to subsection (1)(c) of this section.

(1) The New Zealand Law Society and the New Zealand Society of Conveyancers must each have practice rules concerning the indemnity of practitioners or any class of practitioners or any incorporated firms or any class of incorporated firms against claims made against them in respect of anything done or omitted by them in their professional capacity.

(2) Practice rules made under subsection (1)—

• (a) may authorise the New Zealand Law Society or the New Zealand Society of Conveyancers or both to establish or maintain a fund or funds:

• (b) may authorise or require the New Zealand Law Society or the New Zealand Society of Conveyancers or both to take out and maintain insurance:

• (c) may require practitioners or any class of practitioners or incorporated firms or any class of incorporated firms to hold professional indemnity insurance:

• (d) may require that professional indemnity insurance held for the purposes of paragraph (c) be held only with insurers approved by the New Zealand Law Society or the New Zealand Society of Conveyancers, as the case may require.

(3) Without prejudice to the generality of subsections (1) and (2), practice rules made under the provisions of those subsections—

• (a) may specify the terms and conditions upon which indemnity is to be available, and any circumstances in which the right to it is to be excluded or modified:

• (b) may provide for the management, administration, and protection of any fund maintained by virtue of subsection (2)(a) and require practitioners or any class of practitioners or incorporated firms or any class of incorporated firms to make payments to any such fund:

• (c) may require practitioners or any class of practitioners or incorporated firms or any class of incorporated firms to make payments by way of premium on any insurance policy maintained by the New Zealand Law Society or the New Zealand Society of Conveyancers by virtue of subsection (2)(b):

• (d) may specify the minimum terms and conditions that an insurance policy must satisfy for the purposes of subsection (2)(c):

• (e) may specify circumstances in which practitioners or any class of practitioners or incorporated firms or any class of incorporated firms are exempt from the rules or any provision of them:

• (f) may empower the New Zealand Law Society or the New Zealand Society of Conveyancers or both to take steps to ascertain whether the rules are being complied with:

• (g) may make such incidental, procedural, or supplementary provisions as are necessary to give full effect to subsections (1) and (2).

(4) The New Zealand Law Society and the New Zealand Society of Conveyancers each has power to carry into effect any arrangements that it considers necessary or expedient for the purpose of indemnity under this section.

(1) This section applies to—

• (a) the rules made by the Council of the New Zealand Society of Conveyancers under section 81(2)(a); and

• (b) the practice rules made by the Council of the New Zealand Law Society or the Council of the New Zealand Society of Conveyancers, as the case may be.

(2) The rules to which this section applies must be made with the approval of the Minister and after consultation with—

• (a) lawyers or conveyancers, as the case may be; and

• (b) such other persons or groups as the Minister may direct.

The Minister must, in deciding whether to approve any practice rules, have regard, among other things, to—

• (a) the fundamental obligations of the practitioners to whom the practice rules relate:

• (b) the principle that it may be necessary or expedient to impose duties or restrictions on practitioners in order to protect the interests of consumers:

• (c) the principle that the burden of a duty or restriction should be proportionate to the benefits that are expected to result from the imposition of the duty or restriction:

• (d) the consistency of the rules with New Zealand's international obligations:

• (e) the provisions of this Act and all rights and obligations of practitioners under the law.

(1) The Council of the New Zealand Law Society must, no later than 14 days after the day on which this Part comes into force, deliver to the Registrar of Companies at Wellington for registration a copy of its practice rules (as approved by the Minister).

(2) The Council of the New Zealand Society of Conveyancers must, no later than 14 days after the day on which the whole of Part 5 comes into force, deliver to the Registrar of Companies at Wellington for registration—

• (a) a copy of the rules in force under section 81(2)(a) (as approved by the Minister); and

• (b) a copy of its practice rules (as approved by the Minister).

The Council of the New Zealand Law Society or the Council of the New Zealand Society of Conveyancers may, at any time, with the approval of the Minister and after consultation with lawyers or conveyancers, as the case may be, and after consultation with such other persons or groups as the Minister may direct, amend any of its rules to which section 100 applies, or revoke them and replace them with new rules.

(1) If the Minister considers any rules to which section 100 applies to be deficient in any respect, the Minister may, subject to subsections (2) and (3), make such amendments to those rules as are necessary to remedy the deficiency.

(2) Amendments made under subsection (1) to rules to which section 100 applies may relate only to matters in respect of which rules under section 81(2)(a) or practice rules, as the case may require, may be made.

(3) The Minister, in deciding whether to make amendments under subsection (1) to any rules,—

• (a) must consult the council by which the rules were made; and

• (b) may consult such other persons or groups as the Minister thinks fit.

(1) The Council of the New Zealand Law Society or the Council of the New Zealand Society of Conveyancers must, no later than 14 days after—