Lawyers and Conveyancers Act (Lawyers: Ongoing Legal Education—Continuing Professional Development) Amendment Rules 2021

2021/60

Coat of Arms of New Zealand

Lawyers and Conveyancers Act (Lawyers: Ongoing Legal Education—Continuing Professional Development) Amendment Rules 2021

Pursuant to sections 97(1)(b) and 103 of the Lawyers and Conveyancers Act 2006, the New Zealand Law Society, with the approval of the Minister of Justice and after consultation in accordance with section 103 of that Act, makes the following rules.

Rules

1 Title

These rules are the Lawyers and Conveyancers Act (Lawyers: Ongoing Legal Education—Continuing Professional Development) Amendment Rules 2021.

2 Commencement

These rules come into force on 1 July 2021.

4 Rule 3 amended (Interpretation)

Replace rule 3.1(b) with:

(b)

activities means learning that—

  • is structured with identifiable aims and with outcomes relevant to a lawyer’s identified learning needs as contained in the lawyer’s continuing professional development plan and record;

  • provides an opportunity for interaction and feedback;

  • is verifiable by documentation;

  • is not part of a lawyer’s usual day-to-day work; and

  • includes any mandatory component required by the New Zealand Law Society

5 Rule 4 amended (Continuing professional development requirements)

In rule 4.1(b), after “rule 6”, insert “, including any mandatory component required by the New Zealand Law Society”.

6 Rule 6 amended (Minimum hours of activities)

In rule 6.1(a), after “each yearly period”, insert “, including any mandatory component required by the New Zealand Law Society”.

Dated at Gisborne this 26th day of March 2021.

Tiana Epati,
President, New Zealand Law Society.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules amend the Lawyers and Conveyancers Act (Lawyers: Ongoing Legal Education—Continuing Professional Development) Rules 2013 (the principal rules). They come into force on 1 July 2021.

The rules are published in the Legislative Instruments series in accordance with section 106 of the Lawyers and Conveyancers Act 2006. The rules have been published on the New Zealand Law Society website.

Background to amendments to principal rules

The amendments to the principal rules arise from the recommendations of a report prepared by a 5-person independent working group established by the Law Society and chaired by Dame Silvia Cartwright. The working group was established in March 2018 and reported in December 2018. It reviewed the regulatory processes for lawyers if unacceptable workplace behaviour occurs.

A copy of the working group’s report is available at: https://www.lawsociety.org.nz/professional-practice/practising-well/bullying-and-harassment/resources-and-reports/

The Law Society undertook public consultation on the proposed amendments to the principal rules in June and July 2020.

Effect of amendments to principal rules

The effect of the amendments is that the Law Society is able to include a mandatory component in the hours of continuing professional development activities that a lawyer is required to undertake.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 April 2021.

These rules are administered by the Ministry of Justice.