“employer organisation means an organisation—

• “(a) whose members consist of employers; and

• “(b) whose purpose is or includes the promotion of the interests of its members as employers

“health professional organisation means an organisation—

• “(a) whose members consist of health practitioners within the meaning of the Health Practitioners Competence Assurance Act 2003; and

• “(b) whose purpose is or includes the promotion of—

  • “(i) the professional standards of its members; and

  • “(ii) the interests of its members in their capacity as health practitioners

“union—

• “(a) has the same meaning as in section 5 of the Employment Relations Act 2000; and

• “(b) includes an organisation—

  • “(i) whose members consist of unions; and

  • “(ii) whose purpose is or includes the promotion of the interests of its members as unions; and

• “(c) includes a health professional organisation”.

• “(i) by an employer organisation; or

• “(j) by a union.”

• “(1A) Despite subsection (1), a lawyer is guilty of misconduct if, in the course of his or her employment—

  • “(a) by an employer organisation, he or she provides—

    • “(i) legal services to a person other than the organisation or a member of the organisation; or

    • “(ii) legal services to a member of the organisation that are not relevant to his or her or its membership of the organisation; or

    • “(iii) regulated services that are not legal services to any person; or

  • “(b) by a union, he or she provides—

    • “(i) legal services to a person other than the union or a member of the union; or

    • “(ii) legal services to a member of the union that are not relevant to his or her or its membership of the union; or

    • “(iii) regulated services that are not legal services to any person.

• “(1B) For the purposes of subsection (1A), legal services provided to a member of an employer organisation or, as the case requires, a union are relevant to his or her or its membership of the employer organisation or union if the legal services relate to—

  • “(a) the member's rights, obligations, or liabilities in his or her capacity—

    • “(i) as a member of the employer organisation or union; or

    • “(ii) as an employer or employee; or

  • “(b) any matter concerning or arising out of any employment relationship (within the meaning of the Employment Relations Act 2000), including any former or prospective relationship of that kind; or

  • “(c) any claim or action by or against the member under any enactment specified in section 236(4) of the Employment Relations Act 2000; or

  • “(d) compliance with any enactment or other requirement governing the performance of the duties of the member in the conduct of the member's normal business or profession; or

  • “(e) any question or matter concerning the member's professional liability, entitlement under any contract of insurance relating to professional liability, or compliance with professional standards.”

• “(1A) For the purposes of subsection (1), an employer organisation or a union does not carry out work of the kind referred to in paragraph (a) or (b) of that subsection merely because—

  • “(a) the employer organisation employs a lawyer who carries out work of that kind for members of the organisation, whether or not the organisation receives any gain or reward for that work:

  • “(b) the union employs a lawyer who carries out work of that kind for members of the union, whether or not the union receives any gain or reward for that work.”

• “(e) provides, in his or her capacity as an employee of an employer organisation, regulated services to that organisation or to a member of that organisation; or

• “(f) provides, in his or her capacity as an employee of a union, regulated services to that union or to a member of that union.”