Investigations

109 Investigation of affairs of practices

(1)

The New Zealand Law Society may, at any time, appoint a person—

(a)

to examine from time to time the accounts of lawyers or firms of lawyers or incorporated law firms; and

(b)

to furnish to the Society confidential reports—

(i)

as to any irregularity in the accounts of any lawyer or firm of lawyers or incorporated law firm that may be disclosed by any examination conducted under paragraph (a); and

(ii)

as to any other matter that, in the opinion of the person so appointed, should be reported upon or further investigated.

(2)

The New Zealand Society of Conveyancers may, at any time, appoint a person—

(a)

to examine from time to time the accounts of conveyancing practitioners or firms of conveyancing practitioners or incorporated conveyancing firms; and

(b)

to furnish to the Society confidential reports—

(i)

as to any irregularity in the accounts of any conveyancing practitioner or firm of conveyancing practitioners or incorporated conveyancing firm that may be disclosed by any examination conducted under paragraph (a); and

(ii)

as to any other matter that, in the opinion of the person so appointed, should be reported upon or further investigated.

(3)

A person may be appointed under subsection (1) or subsection (2) only if he or she is—

(a)

an officer or member of the Society by which the appointment is made; or

(b)

a qualified statutory accountant (within the meaning of section 5(1) of the Financial Reporting Act 2013); or

(c)

in the case of an appointment to be made under subsection (1), a person who holds office as an inspector appointed to the Law Society inspectorate; or

(d)

in the case of an appointment to be made under subsection (2), a person who holds office as an inspector appointed to the Conveyancers Society inspectorate.

(4)

An appointment made under subsection (1) or subsection (2) must be in writing.

(5)

Schedule 2 applies in relation to investigations conducted by persons appointed under this section.

Compare: 1982 No 123 s 85(1), (2)

Section 109(3)(b): amended, on 1 July 2015, by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).