Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 July 2010, amend the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Regulations 2008 (the principal regulations). The main purpose of the amendments is to tighten the legal experience requirements for lawyers who wish to practise on their own account.
Under the principal regulations, a lawyer who intends to practise on his or her own account as a barrister and solicitor must have at least 3 years' legal experience in New Zealand in the previous 8 years. The amendment effected by these regulations requires such a lawyer to have at least 3 years' legal experience in New Zealand in the previous 5 years.
The principal regulations currently do not provide a minimum legal experience requirement that a lawyer must meet who wishes to practise on his or her own account as a barrister sole. The amendment effected by these regulations requires a lawyer who wishes to practise on his or her own account as a barrister sole to have at least 3 years' legal experience in New Zealand in the previous 5 years.
New regulation 12(3) allows the Law Society to approve an application to practise on his or her own account from a lawyer who has less than the specified amount of experience, if the lawyer satisfies the Law Society that special circumstances apply.
The amendments also correct some inconsistent references in regulations 12 and 13 of the principal regulations to the Council of the Law Society in some places, and the Law Society in others.