New Zealand Legislation: Regulations
Regulations are laws made under Acts
(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 5 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 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 Law Society considers are relevant.
(2) 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 sole are—
(a) that during the 5 years immediately before the date of commencing practice on his or her own account as a barrister sole, the lawyer has had not less than 3 years' legal experience in New Zealand; and
(b) that the lawyer has satisfied 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—
(i) the lawyer's legal experience; and
(ii) the fields of law in which the lawyer intends to practise; and
(iii) any other matters that the Law Society considers are relevant.
(3) Despite subclauses (1)(a) and (2)(a), the Law Society may grant an application by a lawyer who does not meet the legal experience requirement set out in those subclauses to commence practice on his or her own account, if the lawyer satisfies the Law Society that special circumstances apply.
Regulation 12(1)(a): amended, on 1 July 2010, by regulation 4(1) of the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Amendment Regulations 2010 (SR 2010/131).
Regulation 12(1)(c): amended, on 1 July 2010, by regulation 4(2) of the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Amendment Regulations 2010 (SR 2010/131).
Regulation 12(1)(c)(iv): amended, on 1 July 2010, by regulation 4(3) of the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Amendment Regulations 2010 (SR 2010/131).
Regulation 12(2): substituted, on 1 July 2010, by regulation 4(4) of the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Amendment Regulations 2010 (SR 2010/131).
Regulation 12(3): added, on 1 July 2010, by regulation 4(4) of the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Amendment Regulations 2010 (SR 2010/131).
