Dated at Wellington this 10th day of April 2015.
President of the New Zealand Law Society.
This note is not part of the rules, but is intended to indicate their general effect.
The rules are published in the Legislative Instruments series in accordance with section 106 of the Lawyers and Conveyancers Act 2006. They were made on 10 April 2015. The rules (incorporating supplementary rules made on 5 June 2015) have been published on the New Zealand Law Society website.
The rules add new circumstances in which barristers sole may take instructions directly from clients (direct instructions). However, a barrister sole may only take direct instructions in these circumstances if he or she complies with the conditions set out in the rules.
The additional circumstances in which barristers sole may take direct instructions include the following:
if the barrister sole is representing a person charged with an offence other than a prosecution by the Serious Fraud Office, the Financial Markets Authority, or the Commerce Commission:
if the barrister sole is representing a person who has been granted Legal Aid or has a pending application for Legal Aid:
if the barrister sole is representing a person in a family law matter that is capable, or was initially capable, of being brought within the jurisdiction of the Family Court other than in respect of any aspect of the matter that involves complex property issues:
if the barrister sole is representing a person in an employment law matter that does not involve proceedings in the Employment Court in the first instance, or proceedings in or on appeal to the High Court, Court of Appeal, or Supreme Court:
if the barrister sole is representing a person in a civil matter (other than a family or employment law matter of the type described above) that is not a proceeding before the Supreme Court, Court of Appeal, High Court, or a District Court.
A barrister sole may only take direct instructions in the circumstances set out above if he or she complies with the following conditions:
the barrister sole is practising on his or her own account as a barrister sole; and
the barrister sole has completed particular training requirements; and
the barrister sole has obtained approval from the New Zealand Law Society.
Date of notification in Gazette: 6 August 2015.
These rules are administered by the Ministry of Justice.