New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) For the purposes of section 30(1)(b) of the Act, the grounds on which the High Court may grant a lawyer leave to practise on his or her own account as a barrister and solicitor are—
(a) 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
(b) that either—
(i) 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; or
(ii) the Law Society is satisfied that the person is suitable to practise on his or her own account as a barrister and solicitor, having regard to the matters set out in regulation 12(1)(c); and
(c) that the High Court is satisfied that the lawyer 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 High Court considers are relevant.
(2) For the purposes of section 30(1)(b) of the Act, the grounds on which the High Court may grant a lawyer leave to practise on his or her own account as a barrister sole are—
(a) that either—
(i) 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; or
(ii) the Law Society is satisfied that the person is suitable to practise on his or her own account as a barrister sole, having regard to the matters set out in regulation 12(2)(b); and
(b) that the High Court is satisfied that the lawyer 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 High Court considers are relevant.
(3) If a lawyer applies to the High Court for leave to practise on his or her own account (whether as a barrister and solicitor or as a barrister sole), the application must be served on the Law Society and the Law Society is entitled to be heard on the application.
(4) If the High Court grants leave for a lawyer to practise on his or her own account, the court may impose any conditions on that leave as it thinks fit.
Regulation 13(1)(b)(i): amended, on 1 July 2010, by regulation 5(1) of the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Amendment Regulations 2010 (SR 2010/131).
Regulation 13(1)(b)(ii): amended, on 1 July 2010, by regulation 5(2) of the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Amendment Regulations 2010 (SR 2010/131).
Regulation 13(2): substituted, on 1 July 2010, by regulation 5(3) of the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Amendment Regulations 2010 (SR 2010/131).
