Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

Interpretation

1.2

In these rules, unless the context otherwise requires,—

Act means the Lawyers and Conveyancers Act 2006, including any amendments to that Act

barrister sole means a lawyer who acts only as a barrister and not as a solicitor and who is the holder of a current practising certificate authorising the lawyer to act as a barrister and not as a barrister and solicitor

behaviour includes the use of language (whether written or spoken), the use of digital or visual material, and physical behaviour

bullying means repeated and unreasonable behaviour directed towards a person or people that is likely to lead to physical or psychological harm

close personal relationship includes, but is not limited to, the relationships of parents and children, siblings, spouses, civil union partners, and the relationship between persons living together as partners on a domestic basis

court means a court or tribunal before which a lawyer may appear

discrimination means discrimination that is unlawful under the Human Rights Act 1993 or any other enactment

entity means—

(a)

an entity operated by a partnership of lawyers; or

(b)

an incorporated law firm

harassment—

(a)

means intimidating, threatening, or degrading behaviour directed towards a person or group that is likely to have a harmful effect on the recipient; and

(b)

includes repeated behaviour but may be a serious single incident

independent advice means advice given by a lawyer who,—

(a)

in respect of the matter on which the advice is given, has—

(i)

no conflicting interest of the type referred to in rule 5.4, 5.5, or 5.6; and

(ii)

no conflicting duty to any other client or person; and

(b)

is not a member of a practice in which any other member has a conflicting interest or duty of the type referred to in paragraph (a)

For the purposes of this rule, where a person resides or has a place of business in an overseas country, the term lawyer includes a member of the legal profession of the relevant country

informed consent means consent given by the client after the matter in respect of which the consent is sought and the material risks of and alternatives to the proposed course of action have been explained to the client and the lawyer believes, on reasonable grounds, that the client understands the issues involved

law practice means—

(a)

an individual lawyer practising on that lawyer’s own account; or

(b)

an entity that provides regulated services to the public

Law Society means the New Zealand Law Society

member, in relation to a practice, means and includes—

(a)

a lawyer who owns the practice either solely or with other lawyers; and

(b)

a lawyer who is a partner in the practice or is employed by the practice; and

(c)

in the case of an incorporated law practice, a lawyer who is a director, shareholder, or employee of the practice

public authority means any tribunal, commission, panel, board, parliamentary committee, or body, which in each case carries out a public function

racial harassment means behaviour that—

(a)

expresses hostility against, or contempt or ridicule towards, another person on the ground of race, ethnicity, or national origin; and

(b)

is likely to be unwelcome or offensive to that person (whether or not it was conveyed directly to that person)

real estate services means services that a lawyer or incorporated law firm provides by undertaking the work of a real estate agent

retainer means an agreement under which a lawyer undertakes to provide or does provide legal services to a client, whether that agreement is express or implied, whether recorded in writing or not, and whether payment is to be made by the client or not

sexual harassment means—

(a)

subjecting another person to unreasonable behaviour of a sexual nature that is likely to be unwelcome or offensive to that person (whether or not it was conveyed directly to that person); or

(b)

a request made by a person of any other person for sexual intercourse, sexual contact, or any other form of sexual activity, that contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment

violence includes the following:

(a)

physical violence:

(b)

psychological violence:

(c)

sexual abuse:

(d)

sexual assault.

1.3

In these rules, unless the context otherwise requires, any reference to a rule extends to and includes all of its subclauses and paragraphs.

Schedule rule 1.2 behaviour: inserted, on 1 July 2021, by rule 4(2) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).

Schedule rule 1.2 bullying: inserted, on 1 July 2021, by rule 4(2) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).

Schedule rule 1.2 discrimination: inserted, on 1 July 2021, by rule 4(2) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).

Schedule rule 1.2 entity: inserted, on 1 July 2021, by rule 4(2) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).

Schedule rule 1.2 harassment: inserted, on 1 July 2021, by rule 4(2) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).

Schedule rule 1.2 law practice: inserted, on 1 July 2021, by rule 4(2) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).

Schedule rule 1.2 practice: revoked, on 1 July 2021, by rule 4(1) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).

Schedule rule 1.2 racial harassment: inserted, on 1 July 2021, by rule 4(2) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).

Schedule rule 1.2 sexual harassment: inserted, on 1 July 2021, by rule 4(2) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).

Schedule rule 1.2 violence: inserted, on 1 July 2021, by rule 4(2) of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).