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.
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.
The Law Society undertook public consultation on the proposed amendments to the principal rules in June and July 2020.
Amendments to principal rules
Amendments to chapters 1 to 4
The amendments made to chapters 1 to 4 of the principal rules are as follows:
rule 1.2 is amended by inserting new definitions, including definitions of behaviour, bullying, discrimination, harassment, racial harassment, sexual harassment, and violence:
rule 1.5 is added to by clarifying the purpose and nature of the principal rules:
rules 2.8 and 2.9 are replaced with new rules 2.8 and 2.9, specifying the obligations for a lawyer who has reasonable grounds to suspect that another lawyer may have engaged in misconduct or unsatisfactory conduct:
rule 2.10 is added to by prohibiting a lawyer from victimising a person who makes a complaint or a report under new rule 2.8 or 2.9:
rule 3.8, which is about complaints mechanisms, is revoked because it has been moved to become new rule 11.5:
rule 4.2 is amended to enable a lawyer who has been retained by a client to terminate the retainer because of certain types of conduct by the client directed towards the lawyer or a person associated with the law practice, including bullying, harassment, and threatening behaviour.
Amendments to chapter 10
Chapter 10 of the principal rules is replaced with new chapter 10, about professional standards. The changes to chapter 10 are as follows:
the existing heading to chapter 10 is amended to refer to professional standards, rather than professional dealings:
existing rule 10 is amended to provide that a lawyer must promote and maintain professional standards:
existing rule 10.1 is amended to provide that a lawyer must, when acting in a professional capacity, treat all persons with respect and courtesy:
new rule 10.2 is inserted to provide that a lawyer must not engage in conduct that tends to bring the profession into disrepute:
new rule 10.3 is inserted to provide that a lawyer must not engage in conduct that amounts to bullying, discrimination, harassment, racial harassment, sexual harassment, or violence:
new rules 10.9, 10.10, and 10.11 were previously rules 11.1, 11.2, and 11.4, respectively:
new rule 10.14 is inserted to require a lawyer to conduct themselves appropriately in their dealings with the Law Society.
Amendments to chapter 11
Chapter 11 of the principal rules is replaced with new chapter 11, about proper professional practice. The changes to chapter 11 are as follows:
rule 11 is amended to provide that a lawyer practising on their own account must ensure that their law practice is administered in a manner that ensures that their duties to persons engaged or employed by the law practice are adhered to:
new rule 11.1 was previously rule 11.3, which has been amended to clarify its application:
new rule 11.2 is inserted to provide that a lawyer practising on their own account must ensure that their law practice has effective policies and systems in place to prevent and protect all persons engaged or employed by the law practice from the effects of unacceptable conduct, including bullying, discrimination, harassment, racial harassment, sexual harassment, or violence:
new rule 11.3 is inserted to provide that a lawyer practising on their own account must ensure that their law practice has a lawyer who is designated for meeting the requirements specified in new rules 11.4 and 11.5:
new rule 11.4 is inserted to provide that a lawyer designated under new rule 11.3 must notify the Law Society, within 14 days, if any person is issued a written warning or dismissed by the law practice for conduct that amounts to bullying, discrimination, harassment, racial harassment, sexual harassment, theft, or violence:
new rule 11.5 was previously rule 3.8.
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.