These rules are the Lawyers and Conveyancers Act (Lawyers: Admission) Rules 2008.

These rules come into force on 1 August 2008.

(1) These rules apply to admissions taking place on or after 1 August 2008.

(2) Rule 13 modifies these rules in respect of candidates who apply for admission under the Law Practitioners Act 1982 before these rules come into force.

(1) In these rules, unless the context otherwise requires, —

(2) A reference to a numbered form is a reference to that form as set out in the Schedule.

(3) Any term that is defined in the Act and used, but not defined, in these rules has the meaning given in the Act.

(1) A person seeking admission on the grounds of qualification for admission under section 49(2) or (3) of the Act must first—

• (a) apply to the NZCLE for a certificate of completion; and

• (b) apply to the Law Society for a certificate of character.

(2) The application for admission must be filed in the High Court and include—

• (a) an originating application, made by the counsel who moves the admission of the candidate, in form LA 1; and

• (b) an affidavit in support, sworn by the candidate, in form LA 2 (for candidates qualified under section 49(2) of the Act) or LA 3 (for candidates qualified under section 49(3) of the Act); and

• (c) the required filing fee.

(3) If the application is to be determined at a hearing in court, the application must be filed at least 1 month before the scheduled hearing, unless the Registrar allows it to be filed late.

(4) Every affidavit in support must have the following attached:

• (a) a certificate of completion or a copy of the refusal by the NZCLE to issue a certificate of completion; and

• (b) a certificate of character or other response from the Law Society to the candidate's application for a certificate of character; and

• (c) a copy of the receipt for the admission fee (which is the fee payable to the Law Society for the application for a certificate of character).

(5) An affidavit in support of the application of a candidate who is qualified under section 49(3) of the Act must also have attached a document, issued by the authority of a foreign country that is responsible for authorising the entry of people in that country to the legal profession, certifying that the candidate has been admitted as a barrister, a solicitor, a barrister and solicitor, an advocate, or an attorney by the superior court of that country.

(1) If a candidate's application does not include a certificate of completion, the candidate must serve a copy of the whole application on the NZCLE within 2 days of filing it in the High Court.

(2) If the NZCLE receives a copy of an application under subclause (1),—

• (a) the NZCLE must, within 21 days of that receipt, serve on the candidate a notice of opposition that sets out the grounds on which the application for admission is opposed, along with any affidavits in support of the notice; and

• (b) the candidate's application must be determined at a hearing, and the NZCLE must be represented at that hearing.

(3) If a candidate's application does not include a certificate of character, the candidate must serve a copy of the whole application on the Law Society within 2 days of filing it in the High Court.

(4) If the Law Society receives a copy of an application under subclause (3),—

• (a) the Law Society must, within 21 days of that receipt, serve on the candidate a notice of opposition that sets out the grounds on which the application for admission is opposed, along with any affidavits in support of the notice; and

• (b) the candidate's application must be determined at a hearing, and the Law Society must be represented at that hearing.

(1) In this rule and rule 8(3), TTMRA candidate means a person who applies for admission on the grounds that he or she is qualified for admission under section 49(4) of the Act.

(2) If a TTMRA candidate gives notice under section 19 of the Trans-Tasman Mutual Recognition Act 1997 to a Registrar who is acting as local registration authority in relation to admission as a barrister and solicitor, the Registrar must issue the person with a certificate that states that notice has been given under that section.

(3) Every TTMRA candidate must apply to the High Court for admission using form LA 4.

(4) A Judge may not consider an application for admission by a TTMRA candidate unless the application is accompanied by documentation from the Registrar that—

• (a) confirms that the TTMRA candidate has been issued with a certificate stating that he or she has given notice under section 19 of the Trans-Tasman Mutual Recognition Act 1997; and

• (b) confirms whether the candidate is or is not entitled to be registered under that Act.

(1) Every application for admission must be determined by a Judge of the High Court—

• (a) at a hearing in court; or

• (b) in chambers; or

• (c) elsewhere, as decided by the Judge.

(2) The oath referred to in section 52(2)(b) of the Act, and that is required to be taken by candidates qualified for admission under section 49(2) or (3) of the Act, must be taken before the Judge of the High Court who makes the order for admission.

(3) To avoid doubt, a TTMRA candidate is not required to appear before a Judge, and the order admitting the candidate may be made on the papers.

A person who is admitted may, but is not required to, sign the roll kept in accordance with section 56 of the Act.

If a person who is admitted wishes to have the order for admission sealed, he or she must use form LA 5 for that purpose.

The Registrar must, as soon as practicable after any person is admitted, notify the Law Society of the full name of the person admitted and the date of admission.

The forms used for the purpose of admission must generally comply with the High Court Rules; but in case of a conflict between the forms set out in the Schedule and a requirement of the High Court Rules, the forms in the Schedule prevail.

(1) The purpose of this rule is to facilitate the admission of candidates who have filed an application for admission under the Law Practitioners Act 1982 but who have not been admitted by the time that Act is repealed.

(2) Subclauses (3) to (6) apply if an application for admission by a candidate has been made to the High Court, in accordance with the Law Practitioners Act 1982 and any rules made under that Act, before 1 August 2008, but the candidate has not been admitted by that date.

(3) If the Registrar is satisfied that the application complies in all material respects with an application required under these rules, and any fees required at the time of filing have been paid,—

• (a) these rules apply as if the application had been made under them and all required fees have been paid; and

• (b) the candidate may be admitted under the Lawyers and Conveyancers Act 2006 in accordance with these rules.

(4) Any certificate that would, under the Law Practitioners Act 1982, have been sufficient evidence of a fact must be treated under these rules as sufficient evidence of that fact.

(5) A document provided by a District Law Society before 1 August 2008 that has the same purpose as a certificate of character must be treated as if it were a certificate of character provided by the Law Society.

(6) A document provided by the Secretary of the Council of Legal Education before 1 August 2008 that has the same purpose as a certificate of completion must be treated as if it were a certificate of completion provided by the NZCLE.