New Zealand Legislation: Regulations

7 Issuing, or declining or refusing to issue, practising certificates

• (1) If the Law Society is satisfied that there are no grounds for declining or refusing to issue an applicant with a practising certificate, it must, as required by section 39(1) of the Act, issue the appropriate kind of practising certificate to the applicant, in a form prescribed by the Law Society.

  (2) However, if the Law Society believes on reasonable grounds that there are or may be grounds for declining or refusing to issue a practising certificate, the Law Society must—

  • (a) notify the applicant of the reason why the Law Society believes there are or may be grounds for declining or refusing the application; and

  • (b) specify a time, which must be reasonable in the circumstances, within which the applicant may respond to the notice; and

  • (c) consider any response from the applicant that is received within the specified time; and

  • (d) either issue a practising certificate in accordance with subclause (1), or decline or refuse to do so.

  (3) If the Law Society declines or refuses to issue a practising certificate, it must notify the applicant in writing of that decision and at the same time advise the applicant of his or her right to appeal against that decision to the Disciplinary Tribunal under section 42 of the Act.