Law Practitioners Act 1982

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

• (1) Every solicitor who, at the commencement of this Act or at any time thereafter, is in practice on his own account without partners shall, within 3 months after the date of the commencement of this Act or, as the case may require, the date of his commencing to be in practice without partners, give to some other solicitor or solicitors entitled to practise on his or their own account a power of attorney, in a form approved by the Council of the New Zealand Law Society, authorising him or them jointly or severally to exercise and perform in the donor's name, during the periods specified in subsection (3) of this section, the powers and duties specified in subsection (4) of this section.

  (2) A power of attorney given under this section shall also appoint such a solicitor or solicitors as an alternate or alternates, who shall exercise the powers and duties of the donee in any case where the donee is for the time being unable or unwilling to act.

  (3) The periods for which the power of attorney shall be given are—

  • (a) Any current or future period or periods during which the donor is wholly or partially incapacitated and unable by reason of his physical or mental condition to conduct his practice; and

  • (b) Any current or future period or periods during which the donor is absent from his practice; and

  • (c) The period from the date of the donor's death until his administrator (within the meaning of the Administration Act 1969) either lawfully disposes of the practice or revokes the power of attorney; and

  • (d) If the donor is suspended from practice, then, subject to the consent of the District Council being obtained at that time to the operation of the power of attorney, any period during which he is so suspended; and

  • (e) If the donor has had his name struck off the roll, then, subject to the consent of the District Council being obtained at that time to the operation of the power of attorney, the period from the date on which the name is so struck off until the practice is lawfully disposed of.

  (4) Subject to section 73 of this Act, the powers and duties authorised to be exercised and performed by the donee of the power of attorney shall be—

  • (a) To conduct the donor's practice; and

  • (b) To operate the donor's trust account or accounts; and

  • (c) If the case is one to which subsection (3)(e) of this section applies, to dispose of the donor's practice; and

  • (d) To do all things necessary for or incidental to the exercise of those powers—

  in accordance with and subject to this Act and all rules and regulations made under this Act.

  (5) A power of attorney given before the date of the commencement of this Act under section 19 of the Law Practitioners Amendment Act 1961 by a solicitor practising on his own account without partners shall, if it is in force at that date and otherwise conforms to the provisions of this section, be deemed—

  • (a) To have been duly given under subsection (1) of this section; and

  • (b) To extend and apply in respect of the periods specified in subsection (3) of this section and the powers and duties specified in subsection (4) of this section.

  (6) If any solicitor to whom subsection (1) of this section applies fails or refuses to give a power of attorney within the time and in the manner prescribed by that subsection, or if during any period specified in subsection (3) of this section the donee of a power of attorney in force under this section is not exercising his powers or duties under it to the satisfaction of the District Council, the President of the District Law Society of which the solicitor is a member may, of his own motion or pursuant to a resolution of the District Council, execute on behalf of the solicitor a power of attorney in accordance with this section; and any such power of attorney shall have effect as if it had been given by the solicitor under this section.

  (7) Before a power of attorney is given under this section the written consent of the intended donee shall be obtained.

  (8) While the donor continues to practise on his own account without partners, neither the donor nor the President of the District Law Society (if the power of attorney was given by him) shall revoke the power of attorney unless, at the time of revocation, the donor or the President gives a power of attorney to the same or any other solicitor or solicitors in accordance with this section.

  (9) The powers of the donee of any power of attorney given under this section shall terminate—

  • (a) If the power of attorney is revoked under this Act; or

  • (b) If the donee is released under section 74(2) of this Act,—

  but shall not terminate by reason only of the death of the donor or his becoming of unsound mind.

  (10) The powers of the donee of any power of attorney given under this section shall not be exercised after the expiration of 1 year from the date of the grant in New Zealand of administration in the estate of the donor, except during such further period or periods as may be approved by the Council of the District Law Society of which the donor was a member.

  (11) Nothing in this Act shall prevent—

  • (a) The lawful disposal of the practice of the donor; or

  • (b) The grant by a solicitor of a power of attorney otherwise than under this Act.

  (12) This section shall apply notwithstanding anything to the contrary in the Property Law Act 1952 or any rule of law.

  Compare: 1961 No 47 s 19(1)-(3), (5), (6)