New Zealand Legislation: Regulations

12 Criteria for eligibility to practise on own account

• (1) For the purposes of section 30(1)(a) of the Act, the requirements and other criteria that must be met before a lawyer may commence practice on his or her own account as a barrister and solicitor are—

  • (a) that during the 8 years immediately before the date of commencing practice on his or her own account, the lawyer has had not less than 3 years' legal experience in New Zealand; and

  • (b) that the lawyer has received, during the 3 years immediately before the date of commencing practice on his or her own account, adequate (in the view of the Law Society) instruction and examination on the duties of lawyers under the Act, and any regulations and rules made under it, that relate to the receipt and handling of client money and the operation of lawyers' trust accounts; and

  • (c) that the lawyer has satisfied the Council of the Law Society that he or she is a suitable person to practise on his or her own account as a barrister and solicitor, having regard to—

    • (i) the lawyer's legal experience; and

    • (ii) how the lawyer intends to practise on his or her own account (for instance, in sole practice, as a partner in a firm, or otherwise); and

    • (iii) the fields of law in which the lawyer intends to practise; and

    • (iv) any other matters that the Council considers are relevant.

  (2) In the case of a lawyer wishing to practise on his or her own account as a barrister sole, the only requirement or criteria is that the lawyer has satisfied the Council of the Law Society that he or she is a suitable person to practise on his or her own account as a barrister sole, having regard to the matters set out in subclause (1)(c)(i), (iii), and (iv).