Law Practitioners Act 1982

Before its repeal, this Act was administered by: Ministry of Justice
  • repealed
  • Law Practitioners Act 1982: repealed, on 1 August 2008, by section 349 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Reprint as at 1 August 2008

Law Practitioners Act 1982

Public Act1982 No 123
Date of assent4 December 1982

  • Law Practitioners Act 1982: repealed, on 1 August 2008, by section 349 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice.

Contents

Title

1 Short Title and commencement

2 Interpretation

Part 1
The Law Societies

The New Zealand Law Society

3 Constitution of New Zealand Law Society

4 General functions of Society

5 Powers of Society

6 Law offices and legal advice bureaux

7 Application of Act to law offices and legal advice bureaux

8 Benevolent fund

9 Levy on members

10 President and other officers of Society

11 Council

12 Management of Society by Council

13 Powers of Council to deal with property and to invest money

14 Power of Council to borrow money

15 Committees and other bodies

16 Power of Council to elect honorary or associate members

17 Council may make rules

District Law Societies

18 Constitution of existing District Law Societies

19 Formation of new District Law Societies

20 Alteration of districts

21 Amalgamation of districts

21A Change of name of District Law Society

22 District Law Societies to be bodies corporate

23 Membership of District Law Societies

24 District Council may exempt person from membership on conscientious grounds

25 Annual levy on members

26 Functions and powers of District Law Societies

27 Rules

28 Officers and Council

29 Powers of District Council

30 Appeals from District Law Societies

Part 2
The Council of Legal Education

31 Constitution of Council of Legal Education

31A Council to have powers of natural person

31B Personal liability

32 Terms of office

33 Casual vacancies

34 Proceedings not affected by vacancies, etc

35 Appointment of Chairman

36 Meetings

37 Special meetings

38 Functions and powers

39 Regulations

40 Power to appoint committees

41 Remuneration and travelling allowances

42 Employees

42A Personnel policy

42B Equal employment opportunities programme

42C Superannuation or retiring allowances

42D Crown may provide services for Council

42E Application of certain Acts to members and employees

42F Funds of Council

42G Bank accounts

42H Investment of money

42I Seal

42J Exemption from income tax

42K Annual report

Part 3
Admission and Enrolment

Admission of Practitioners

43 Admission as barrister and solicitor

44 Qualifications

45 Evidence of examinations

46 Admission

47 Reciprocal admission

48 Rules of Court as to admission

Roll of Practitioners

49 Registrar to keep roll of barristers and solicitors

50 Enrolment

51 Striking off and restoration of names by order of Court or Tribunal

51A Removal from roll if deemed registration ceases in some circumstances

52 Voluntary removal of name from roll, and restoration

Fees

53 Admission and restoration fees

Part 4
Practice in the Legal Profession

Commencement of Practice

54 No person to act as barrister or solicitor unless enrolled

55 Restriction on right of practitioner to commence private practice

Practising Certificates

56 Practitioners not to practise without practising certificates

57 Issue and currency of practising certificates

58 Withholding of practising certificate

59 Suspension from practice in cases of disability

Practising Fees

60 Practising fees

Barristers

61 Status of barristers

62 Regulations as to Queen's Counsel

Solicitors

63 Offence to practise as solicitor in contravention of order of New Zealand Disciplinary Tribunal

64 Offence for unqualified person to act as solicitor

65 Qualified persons only to act as conveyancers

66 Unqualified persons not to act through agency of solicitors

67 Solicitors not to act as agents for unqualified persons

68 Solicitor not to commence or defend action if prisoner

Appointment of Agent to Conduct Sole Solicitor's Practice

69 Interpretation

70 Agent to be appointed to conduct sole solicitor's practice

71 Powers of manager or administrator of estate of mentally disordered or deceased solicitor

72 Notice of giving of power of attorney

73 Conditions affecting donee of power of attorney

74 Termination of agency

75 Bank to notify closing of trust account

76 Agent to be authorised to appoint substitute

77 Practising certificates, etc

78 Offences

79 Powers of Council or District Council not affected

Part 5
Intervention in Solicitor's Practice

80 Interpretation

Trust Accounts, Records, and Documents

81 Application of sections 82 to 84

82 Administration of solicitor's trust account by District Council

83 Council or District Council may take possession of solicitor's records and documents

84 Notice to be given to solicitor and his partners

Investigations

85 Investigation of solicitor's affairs

General Provisions

86 Expenses of Council or District Council in investigating or conducting affairs of solicitor

87 Offences

Part 6
Solicitors' Trust Accounts

88 Joint Audit Board

88A Law Society inspectorate

89 Solicitor to pay client's money into trust account at bank

89A Solicitor's duty to ensure that client's funds earn interest

90 Unclaimed money in trust account

91 Regulations relating to trust accounts

Part 6A
Interest on Solicitors' Trust Accounts

New Zealand Law Society Special Fund

91A Interpretation

91B New Zealand Law Society Special Fund

91C Fund to be kept in separate bank account

91D Money payable into Fund

91E Investment of money

91F Distribution of Fund

91G Audit of accounts

91H Council to administer Fund

91I Management Committee

Nominated Trust Accounts

91J Nominated trust accounts

91K Money required to be held in nominated trust account

91L Interest to be payable on nominated trust account

91M Banks to pay interest on nominated trust accounts to Fund

91N Solicitors and banks not liable to account to client for interest payable on nominated trust account

Part 7
Discipline Within the Legal Profession

Jurisdiction of the High Court and Court of Appeal

92 Practitioner's name may be struck off roll on application to Court

93 Court may dismiss application, or reserve case for Court of Appeal

94 Summary suspension from practice

95 Notice of order for striking off or suspension to be published in Gazette

Lay Observers

96 Lay Observers

97 Functions of Lay Observers

97A Power of complainant to request review by New Zealand Law Society

Complaints

98 Complaints by members of the public

99 Investigation by District Council of its own motion

100 Complaints committee

101 Inquiry by District Council or committee

102 Costs of investigation where no charge made before Tribunal

District Disciplinary Tribunals

103 District Disciplinary Tribunals

104 Practitioner members of District Disciplinary Tribunal

105 Two or more District Law Societies may combine to establish Tribunal

106 Powers of District Disciplinary Tribunal

107 Appeal from decision of District Disciplinary Tribunal

New Zealand Law Practitioners Disciplinary Tribunal

108 New Zealand Law Practitioners Disciplinary Tribunal

109 Practitioner members of New Zealand Disciplinary Tribunal

110 Functions of New Zealand Disciplinary Tribunal

111 Hearings to be in public

112 Powers of New Zealand Disciplinary Tribunal in respect of charge against practitioner

113 Making of order for striking off roll or for suspension from practice

114 Disqualification for employment by practitioner

115 Interim suspension from practice

116 Restoration of name to roll

117 Order for striking off, restoration, or suspension to be filed in Court

118 Appeal from decision of New Zealand Disciplinary Tribunal

119 Notice of orders for striking off, restoration, or suspension to be published in Gazette

General Provisions

120 Terms of office of Lay Observers and lay members

121 Remuneration of Lay Observers and lay members

122 Lay Observers and lay members not in service of Crown

123 Secretaries to Tribunals

124 Right of person charged to be heard

125 Representation of District Council or complaints committee in proceedings

126 Evidence

127 Immunity of witnesses and counsel

128 Witnesses' expenses

129 Tribunal may order payment of costs

130 Rules of procedure

131 Form and proof of order of Tribunal

132 Enforcement of order of Tribunal

133 Power of High Court or Court of Appeal to prohibit publication of person's name or affairs

134 Tribunals may make recommendations to Councils as to publication of names

135 Publication by Councils of reports of decisions of Tribunals

136 Trusteeships held by practitioner suspended or struck off

137 Protection of Law Societies and other persons

138 Jurisdiction of Court not limited

Part 8
Practitioners' Costs

139 Interpretation

140 Recovery of barrister's fees by solicitor

141 Order for practitioner to render bill and to deliver deeds, etc

142 Bill subject to revision notwithstanding agreement as to costs

Revision of Bill by District Council

143 Revision of bill by District Council

144 Revision without request

145 Reference of bill by party chargeable

Revision by Order of Court

146 Order of Court for reference of bill for revision

147 Revision on application of beneficiary under trust, etc

Appeals

148 Appeal to Registrar

149 Review by High Court

General Provisions as to Revision

150 No revision after 1 year from payment of bill by deduction or set-off

151 Where revision allowed only in special circumstances

152 Procedure on revision by District Council

153 Costs of reference and of revision

154 Secretary to certify amount due

155 Stay of action for costs pending completion of revision proceedings

Part 9
The Solicitors' Fidelity Guarantee Fund

156 Interpretation

157 Application of this Part

158 Solicitors' Fidelity Guarantee Fund

159 Fund to be kept in separate bank account

160 Money payable into fund

161 Expenditure from fund

162 Audit of accounts

163 Council to administer fund

164 Management Committee

165 Solicitors in practice to pay fees into fund

166 Reduced fees while fund exceeds a determined amount

167 Solicitors may be required to pay levy

167A Practitioners not liable for more than $5,000 for claims incurred after 30 April 1993

168 Investment of fund

169 Application of fund

169A No reimbursement of money instructed to be invested

169B Transitional provisions relating to liability for investment

170 Advances from fund for purposes of this Part

171 Claims against fund

172 Defences to claims against fund

173 Subrogation of rights of action against defaulting solicitor

174 Provisions applicable if fund insufficient to satisfy claims

175 Council may enter into contracts of insurance

176 Application of insurance money

177 Rules for purposes of this Part

Part 10
The Partners Protection Fund

178 Interpretation

179 Application of this Part

180 Partners Protection Fund

181 Money payable into fund

182 Expenditure from fund

183 Administration of fund

184 Solicitors practising in partnership to pay prescribed fees into fund

185 Solicitors may be required to pay levy

186 Application of fund

187 Claims against fund

188 Rules for purposes of this Part

Part 11
Miscellaneous Provisions

189 Protection of Councils of New Zealand and District Law Societies

189A  [Repealed]

190 General penalty for offences

191 Summary conviction

192 Transitional provisions

193 Repeals and amendments

Schedule
Enactments Repealed

Lawyers and Conveyancers Act 2006

Reprint notes

An Act to consolidate and amend the law relating to law practitioners

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: