Lawyers and Conveyancers Act (Lawyers: Queen's Counsel) Regulations 2012

2012/416

Coat of Arms of New Zealand

Lawyers and Conveyancers Act (Lawyers: Queen's Counsel) Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 13th day of December 2012

Present:
Hon Gerry Brownlee presiding in Council

Pursuant to section 119 of the Lawyers and Conveyancers Act 2006, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Lawyers and Conveyancers Act (Lawyers: Queen's Counsel) Regulations 2012.

2 Commencement
  • These regulations come into force on 1 February 2013.

3 Application
  • (1) Regulations 4 to 8 (process, guidelines, and fee)—

    • (a) apply only in respect of an appointment of a person who will be, or is, when appointed, in the standard eligibility category (of lawyers practising independently as barristers sole) specified in section 118A(1) of the Lawyers and Conveyancers Act 2006; and therefore

    • (b) do not apply in respect of an appointment of a person who will be, or is, when appointed, a person of a kind specified in all or any of section 118A(2)(a) to (c) of the Lawyers and Conveyancers Act 2006.

    (2) Regulation 9 (declaration) applies only to a Queen’s Counsel who—

    • (a) is appointed to that office or rank on or after 3 December 2012; and

    • (b) has not before 1 February 2013 made the declaration required after appointment.

    (3) Regulation 10 (proceedings against the Crown) applies—

    • (a) to Queen’s Counsel appointed on or after 3 December 2012; and

    • (b) in accordance with section 118C(4)(b) of the Lawyers and Conveyancers Act 2006, to Queen’s Counsel appointed before 1 August 2008; and

    • (c) in accordance with section 118D(5)(b) of the Lawyers and Conveyancers Act 2006, to Senior Counsel appointed after 31 July 2008 and before 3 December 2012.

4 Appointment of Queen's Counsel
  • Every appointment of a Queen's Counsel by the Governor-General under the Royal prerogative must be made on the recommendation of the Attorney-General and with the concurrence of the Chief Justice of New Zealand.

5 Guidelines for candidates
  • (1) The Chief Justice and the Attorney-General may issue guidelines in relation to both—

    • (a) the qualifications and experience that should be possessed by candidates for appointment as Queen's Counsel; and

    • (b) the process by which such candidates may be recommended for appointment.

    (2) Any guidelines of that kind—

    • (b) can be obtained via the Internet at the following address: http://www.crownlaw.govt.nz

6 Attorney-General may call for applications for appointment as Queen's Counsel
  • (1) The Attorney-General may, from time to time, call for applications from individuals who wish to be appointed as Queen's Counsel.

    (2) Every application for appointment as Queen's Counsel must be made in the form set out in the Schedule.

7 Application fee
  • Every applicant for appointment as Queen's Counsel must pay an application fee of $500.

8 Consultation with legal professional organisations
  • (1) Before making a recommendation, the Attorney-General must consult, on candidates for appointment as Queen's Counsel,—

    • (a) the New Zealand Law Society; and

    • (b) the New Zealand Bar Association.

    (2) The New Zealand Bar Association, in subclause (1)(b), means the body that—

    • (b) was on 1 February 2013 known by that name.

9 Declaration by Queen's Counsel
  • As soon as is reasonably practicable after appointment, every Queen's Counsel must make the following declaration, in 1 of the following forms, before a Judge of the High Court of New Zealand:

    English formI [name] do declare that I will well and truly serve all those for whom I may be called upon to act in the rank of Queen's Counsel to the best of my knowledge and ability, with due respect to the law and usages of New Zealand, and mindful always of my obligations to this honourable court.

    Māori formE whakapuaki nei ahau, a [ingoa] kia tino pai, kia pono hoki tāku mahi mā rātou katoa ka karanga i a au hei Rōia nō te Kuīni, ki tāku mōhio tino pai rawa, ki tāku hoki e tino āhei ai, ki to whakanui anō i te ture o Niu Tīreni me ōna tikanga whakamahi, ki te whai whakaaro i ngā wā katoa ki ōku tiakanga ki tēnei kōti kahurangi.

10 Queen's Counsel may appear in proceedings against the Crown
  • Queen's Counsel may act as counsel for any person against the Crown in any proceedings, except proceedings in respect of which a general or special retainer is delivered to the Queen's Counsel for or on behalf of the Crown.


Schedule
Form

r 6(2)

Form
Application for appointment as Queen's Counsel

Section 119, Lawyers and Conveyancers Act 2006

Personal details

Name:

Date of birth:

Address:

Phone number:

Email address:

Professional details

Legal education:

Year of graduation with first legal qualification:

Date and place of admission as a barrister and solicitor of the High Court of New Zealand:

Eligibility for appointment

Confirm that you make this application based on your assertion that you are in the standard eligibility category (of lawyers practising independently as barristers sole) specified in section 118A(1) of the Lawyers and Conveyancers Act 2006 because (whether or not you are a statutory officer) you—

  • hold a current practising certificate authorising you to practise as a barrister and not as a barrister and solicitor: Yes/No*

  • practise, and in the course of your practice provide regulated services, alone (that is, not in partnership with any other lawyer): Yes/No*

  • are not actively involved in the provision by an incorporated law firm (other than one in which you are the only voting shareholder) of regulated services: Yes/No*

  • are not an employee (other than an employee of an incorporated law firm in which you are the only voting shareholder) who, in the course of your employment, provides regulated services: Yes/No*.

*Select one.

(Evidence, volunteered or obtained by inquiries, may be required to prove all or any part of that assertion.)

Details that may affect suitability for appointment

Criminal convictions: Yes/No*

If yes, provide details:

Professional finding of unsatisfactory conduct or misconduct: Yes/No*

If yes, provide details:

New Zealand Law Society intervention in practice: Yes/No*

If yes, provide details:

Costs orders made by a court or tribunal against the candidate personally: Yes/No*

If yes, provide details:

Bankruptcy proceedings: Yes/No*

If yes, provide details:

Any other information that does or may affect suitability for appointment:
*Select one.
Compliance with guidelines for candidates

Confirm that you have—

  • attached to, or included in, this application, information explaining how you comply with any guidelines issued by the Chief Justice and the Attorney-General on the qualifications and experience for appointment: Yes/No*

  • complied with any guidelines of that kind on the process for recommendations for appointment: Yes/No*

*Select one.
Authorisation and certification

Confirm that you authorise inquiries being made in confidence to authorities in New Zealand or overseas, and information being in confidence disclosed to or by them for confidential collection, storage, and use, for, and on matters relevant to, this application: Yes/No*

Certify that all information provided in or with this application is true and correct: Yes/No*

*Select one.

Date:

Signature of applicant:


Michael Webster, 
for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2013, are made under the Lawyers and Conveyancers Act 2006 (the Act). They revise and replace the Lawyers and Conveyancers Act (Lawyers: Senior Counsel and Queen's Counsel) Regulations 2008 in the light of the commencement, on 3 December 2012, of Part 1 (amendments relating to Queen's Counsel) of the Lawyers and Conveyancers Amendment Act 2012. They provide for the appointment of Queen's Counsel, and for related matters including—

  • the issuing of, and access to, guidelines for candidates; and

  • calls for, and the form of, applications for appointment; and

  • the fee payable by an applicant for appointment; and

  • consultation with legal professional organisations; and

  • the declaration to be made as soon as is reasonably practicable after appointment.

Regulation 10 ensures that Queen's Counsel may act as counsel for any person against the Crown except in proceedings in respect of which a general or special retainer is delivered to the Queen's Counsel for or on behalf of the Crown. Regulation 10 applies to Queen's Counsel appointed on or after 3 December 2012. Under sections 118C(4)(b) and 118D(5)(b) of the Act, regulation 10 also applies to—

  • Queen's Counsel appointed before 1 August 2008; and

  • Senior Counsel appointed after 31 July 2008 and before 3 December 2012.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 December 2012.

These regulations are administered by the Ministry of Justice.