Lawyers and Conveyancers Act 2006

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Reprint as at 14 July 2017

Coat of Arms of New Zealand

Lawyers and Conveyancers Act 2006

Public Act
2006 No 1
Date of assent
20 March 2006
see section 2

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


4Fundamental obligations of lawyers
5Fundamental obligations of conveyancing practitioners
7Misconduct defined in relation to lawyer and incorporated law firm
8Misconduct defined in relation to conveyancing practitioner and incorporated conveyancing firm
9Misconduct defined in relation to provision of regulated services by employees
10Exceptions to section 9
11Misconduct defined in relation to employees who are not practitioners
12Unsatisfactory conduct defined in relation to lawyers and incorporated law firms
13Unsatisfactory conduct defined in relation to conveyancing practitioners and incorporated conveyancing firms
14Unsatisfactory conduct defined in relation to employees who are not practitioners
15Directors and shareholders of incorporated firms
16Shareholders of incorporated firms
17Liabilities of director or shareholder of incorporated firm
18Liability of lawyer principals in respect of pecuniary loss by reason of theft
19Liability of conveyancing practitioner principals in respect of pecuniary loss by reason of theft
20Act to bind the Crown
21Provision of legal services
22Misleading descriptions
23False or misleading representations in relation to supply of legal services
24Reserved areas of work for lawyers and incorporated law firms
25Lawyers of other jurisdictions
26Drafting court documents
27Exceptions to sections 21, 22, 24, and 26
28Proceedings in respect of offences against any provision of sections 21 to 24
29Contempt of court
30Practice by lawyer on his or her own account
31Exceptions to section 30
32Provision of conveyancing services
33Misleading descriptions
34Proceedings in respect of offence against section 32 or section 33
35Practice of conveyancing
36Exceptions to sections 32, 33, and 35
37Practice by conveyancing practitioner on his or her own account
38Exceptions to section 37
39Issue of practising certificates
40Effect of application for practising certificate
41Power to refuse to issue practising certificate
42Right to appeal
44Practitioners to whom Schedule 1 applies
47Provisions not affected
48Admission as barrister and solicitor
50Evidence of qualifications
51Evidence of suitability
53Reciprocal admission
54Rules of court as to admission
55Fit and proper person
56Registrar to keep roll of barristers and solicitors
58Striking off and restoration of names by order of Disciplinary Tribunal or High Court
59Removal from roll if deemed registration ceases in some circumstances
60Voluntary removal of name from roll, and restoration
61Supply of information
62Admission and restoration fees
63Continuation of New Zealand Law Society
65Regulatory functions
66Representative functions
67Regulatory powers
68Representative powers
69Power to borrow
70Constitution of New Zealand Law Society
71Registration of constitution and amendments to constitution
72Application of Legislation Act 2012 to constitution of New Zealand Law Society
73Practising fees
76Annual report
77Establishment of New Zealand Society of Conveyancers
79Regulatory functions
80Representative functions
81Regulatory powers
82Rules for registration of conveyancers
83Fit and proper person
84Rules relating to education
85Representative powers
86Power to borrow
87Constitution of New Zealand Society of Conveyancers
88Registration of constitution and amendments to constitution
89Application of Legislation Act 2012 to constitution of New Zealand Society of Conveyancers
90Practising fees
93Annual report
94Practice rules
95Code of professional conduct and client care
96Practice rules in relation to nominee companies
97Certain practice rules in relation to lawyers
98Certain practice rules in relation to conveyancing practitioners
99Indemnity rules
100Consultation in relation to rules
101Criteria in relation to approval of practice rules by Minister
102Registration of practice rules
103Amendment of rules
104Power of Minister to amend rules
105Registration of amendments to rules
106Application of Legislation Act 2012 to rules
107Effect of practice rules
108Regulations in relation to practitioners
109Investigation of affairs of practices
110Obligation to pay money received into trust account at bank
111Obligation to account for trust money and valuable property
112Obligation to keep records in respect of trust accounts and valuable property
113Protection of money received
114Duty of practitioners to ensure that funds earn interest
115Regulations relating to trust accounts
116Provisions relating to regulations relating to trust accounts
117Status of barristers
118Office or rank of Queen’s Counsel
118AEligibility for appointment
118BRestrictions on practice of specified category of lawyers who hold rank
118CQueen’s Counsel appointed before 1 August 2008
118DSenior Counsel appointed after 31 July 2008 and before 3 December 2012
119Regulations relating to Queen’s Counsel
119AOther ways of ceasing to hold rank
119BStyle of rank if Sovereign for time being is King
119CRoyal prerogative power to appoint unaffected
121Obligation to establish complaints service
123Administration of complaints service
124Functions of New Zealand Law Society in relation to complaints service
125Functions of New Zealand Society of Conveyancers in relation to complaints service
126Lawyers Standards Committees
127Conveyancing Practitioners Standards Committees
128Notice to Minister
129Membership of Standards Committees
130Functions of Standards Committees
131Rules relating to Standards Committees
132Complaints about practitioners, incorporated firms, and their employees
133Complaint of failure to comply with order or final determination
134Complaint to be in writing
135Appropriate complaints service
136Complaint by Law Society or Society of Conveyancers
137Action on receipt of complaint
138Decision to take no action on complaint
139Notice of decision
140Inquiry by Standards Committee
141Notice to person to whom complaint or inquiry relates
142Procedure of Standards Committee
143Negotiation, conciliation, and mediation
144Power to appoint investigators
145Instrument of appointment
146Investigations by investigators
147Powers of investigation
148Report to Standards Committee
149Disclosure of report
150Discretion in relation to contents of report
152Power of Standards Committee to determine complaint or matter
153Hearings on the papers
154Reference of complaint or matter to Disciplinary Tribunal
155Application for suspension of practitioner
156Power of Standards Committee to make orders
157Further power to make order for payment of costs
158Notice of determination
159Power to notify Registrar-General of Land
160Complaints by beneficiaries in relation to costs
161Stay of proceedings for recovery of costs
163Circumstances justifying intervention
164Intervention in relation to regulated trust accounts
165Administration of funds obtained from regulated trust accounts
166Claims in respect of money paid to Standards Committee
167Power of Standards Committee to repay money
168Directions relating to Fidelity Scheme
169Power to take possession of money, property, records, and documents
170Power in relation to postal articles and email communications
172Warrant to search premises
173Warrant to inspect bank accounts
174Obligation to produce warrant
175Notice of execution of warrant
176Powers and duties of Standards Committee in relation to documents and records
177Notification to clients of practitioner or former practitioner
178Power to notify Registrar-General of Land
179Notification of practitioner or former practitioner, partner, employer, or director
180Application to High Court by practitioner, former practitioner, related person or entity, partner, employer, or director
181Recovery of expenses of Standards Committee
182Application of money in satisfaction of expenses
183Power to appoint committees
184Delegation of functions and powers
185Members, investigators, etc, not personally liable
186Protection and privileges of witnesses
187Privileges and immunities of counsel
188Disclosure of information
189Enforcement of orders
190Legal Complaints Review Officer
191Criteria for appointment
192Functions of Legal Complaints Review Officer
193Right of review
194Applicants in relation to complaints
195Applicants in relation to inquiries
196Applicants in relation to power to intervene
197Applicants in other cases
198Applications for review
199Obligation to conduct review
200Avoidance of unnecessary formality
201Postponement for consideration of negotiation, conciliation, or mediation
202General powers
203Scope of review of final determination
204Power to obtain information
205Power to decline to make further inquiry or investigation
206Proceedings of Legal Complaints Review Officer
208Disclosure of evidence and information to parties
209Power to direct reconsideration of complaints, matters, or decisions
210Order for payment of costs
211Powers exercisable on review
212Laying of charge with Disciplinary Tribunal
213Obligation to report outcomes and recommendations
214Adverse comment
215Enforcement of orders for costs or expenses
218Legal Complaints Review Officer Trust Account
219Special circumstances levy
220Payment of levies
221Recovery of levy
222Reports in relation to cost recovery
223Annual report
224Contents of annual report
225Further provisions relating to Legal Complaints Review Officer
226New Zealand Lawyers and Conveyancers Disciplinary Tribunal
227Functions of Disciplinary Tribunal
228Membership of Disciplinary Tribunal
229Disciplinary Tribunal may sit in divisions
230Appointment of chairperson and deputy chairperson
231Responsibilities of chairperson
232Deputy chairperson and acting deputy chairperson
233Appointment of other members
234Constitution for proceedings
236Rules of natural justice
237Representation before Disciplinary Tribunal
238Hearings to be in public
240Restrictions on publication
241Charges that may be brought before Disciplinary Tribunal
242Orders that may be made where charge proved
243Power to refer bill of costs to Standards Committee
244Making of order for striking off roll, cancellation of registration, or suspension from practice
245Interim suspension from practice
246Restoration of name to roll or register
247Revocation of order in respect of employee
248Consent to employ
249Order for payment of costs
250Rules of procedure
251Contempt of Disciplinary Tribunal
252Power of Disciplinary Tribunal to determine procedure
253Appeal against order or decision of Disciplinary Tribunal
254Appeal to Court of Appeal on question of law
255Order for striking off, cancellation of registration, restoration, or suspension to be filed in High Court
256Notice of order for striking off, cancellation of registration, restoration, or suspension to be published in Gazette
257Reimbursement of costs of hearing
258Enforcement of orders of Disciplinary Tribunal
259Annual report
260Further provisions relating to Disciplinary Tribunal
261Failure to comply with summons
264Liability of principal for acts of agent, etc
265Time for filing charging document
266Lawyer’s name may be struck off on application to High Court
267High Court may dismiss application, or reserve case for Court of Appeal
268Inherent jurisdiction of High Court
269Notice of order for striking off or suspension to be published in Gazette
270Jurisdiction of High Court not limited
271Legal professional privilege
272Protection of New Zealand Law Society and New Zealand Society of Conveyancers and other persons
273Continuation and renaming of Council
276Consultation with New Zealand Law Society
278Power of Council to make regulations
279Power of Council to make rules
280Power to appoint committees
281Institute of Professional Legal Studies
283Term of office
284Extraordinary vacancies
285Proceedings not affected by vacancies
287Further provisions applying to Council
288Annual report
289Lawyers and Conveyancers Special Fund
290Money payable into Fund
291Separate bank account
292Management Committee
293Membership of Management Committee
294Meetings of Management Committee
295Bank accounts
296Investment of money
297Audit of accounts
298Distribution of Special Fund
299Nominated trust accounts
300Money required to be held in nominated trust account
301Interest to be payable on nominated trust account
302Banks to pay interest on nominated trust accounts to Special Fund
303Practitioners, incorporated firms, and banks not liable to account to client for interest payable on nominated trust account
306Claim event
307Lawyers to whom, and incorporated law firms to which, this Part applies
308Conveyancing practitioners to whom, and incorporated conveyancing firms to which, this Part applies
309Lawyers’ Fidelity Fund
310Conveyancing Practitioners’ Fidelity Fund
312Contributions to Lawyers’ Fidelity Fund
313Contributions to Conveyancing Practitioners’ Fidelity Fund
314Power of New Zealand Law Society to impose extraordinary levy
315Power of New Zealand Society of Conveyancers to impose extraordinary levy
316Contributions and levies
317Election not to receive money or other valuable property in trust
318Making, expiration, and revocation of election under section 317
320Application of Lawyers’ Fidelity Fund
321Application of Conveyancing Practitioners’ Fidelity Fund
322No compensation in respect of money instructed to be invested
323Advances from fidelity fund for purposes of this Part
324Claims against fidelity fund
325Defences to claims against fund
326Rights of subrogation
327Money recovered by claimants to be held in trust if rights of subrogation apply
328Provisions applicable if fund insufficient to satisfy claims
329Power to rule off fund
330Consequences of rule off
331Regulatory society may enter into contracts of insurance
332Application of insurance money
334Conditional fee agreements
336Practice rules in relation to conditional fee agreements
337Unclaimed money in trust account
338Councils and members, etc, not personally liable
340Meaning of real estate agent
343Correctness of instrument to be certified
344Who may give certification
345Recovery of compensation paid and costs in case of fraud
347Power to make electronic lodgement compulsory
348Amendments to other enactments
350Prohibition on complaints and investigations under Law Practitioners Act 1982
351Complaints about conduct before commencement of section
353Continuation of disciplinary proceedings and certain other proceedings
354Continuation of Lay Observers
355Exercise by Legal Complaints Review Officer of role of Lay Observer
356Exercise by Lawyers Standards Committee of role of complaints committee
357Exercise by Lawyers Standards Committee of role of District Disciplinary Tribunal
358Exercise by New Zealand Lawyers and Conveyancers Disciplinary Tribunal of role of New Zealand Law Practitioners Disciplinary Tribunal
359Appeal from decision of District Disciplinary Tribunal or Lawyers Standards Committee exercising powers of District Disciplinary Tribunal
360Appeal from decision of New Zealand Law Practitioners Disciplinary Tribunal or New Zealand Lawyers and Conveyancers Disciplinary Tribunal
361Revision of practitioner’s bill of costs
362Law Society inspectorate
363Continuation of Part 9 of Law Practitioners Act 1982
364Money payable into Solicitors’ Fidelity Guarantee Fund
365Claims in relation to Solicitors’ Fidelity Guarantee Fund
366Public notice of last day for making claims
367Winding up of Solicitors’ Fidelity Guarantee Fund
368Completion of determination of claim
369Application of Solicitors’ Fidelity Guarantee Fund on winding up
370Repeal of provisions relating to Solicitors’ Fidelity Guarantee Fund
371Persons deemed to have been admitted as barristers and solicitors
372Continuation and dissolution of District Law Societies
373Assets and liabilities of District Law Societies
374Power to transfer assets of District Law Society library
375Power of incorporated society to provide law library
376Power to contribute to funding of law libraries
377Members to have no right to property on dissolution of incorporated society
378Consequential provisions in relation to assets, money, and property
379Records relating to regulatory activities
380Administration of solicitor’s trust account
381Solicitor’s records and documents
382Certain matters not affected by transfer of assets and liabilities
384Final accounts of District Law Societies
385References to President of District Law Society
386Members of New Zealand Law Society
387Officers of New Zealand Law Society
388Rights of landbrokers
390Exercise of regulatory functions of New Zealand Society of Conveyancers
391Appointment of members of Disciplinary Tribunal [Repealed]
392Quorum [Repealed]
393Power to alter period [Repealed]
Reprint notes