LAWYERS AND CONVEYANCERS ACT 2006

New Zealand Acts

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LAWYERS AND CONVEYANCERS ACT 2006

- As at 23 December 2023
- Act 1 of 2006

TABLE OF PROVISIONS

1. Title
2. Commencement

PART 1 - Preliminary provisions

3. Purposes
4. Fundamental obligations of lawyers
5. Fundamental obligations of conveyancing practitioners
6. Interpretation
7. Misconduct defined in relation to lawyer and incorporated law firm
8. Misconduct defined in relation to conveyancing practitioner and incorporated conveyancing firm
9. Misconduct defined in relation to provision of regulated services by employees
10. Exceptions to section 9
11. Misconduct defined in relation to employees who are not practitioners
12. Unsatisfactory conduct defined in relation to lawyers and incorporated law firms
13. Unsatisfactory conduct defined in relation to conveyancing practitioners and incorporated conveyancing firms
14. Unsatisfactory conduct defined in relation to employees who are not practitioners
15. Directors and shareholders of incorporated firms
16. Shareholders of incorporated firms
17. Liabilities of director or shareholder of incorporated firm
18. Liability of lawyer principals in respect of pecuniary loss by reason of theft
19. Liability of conveyancing practitioner principals in respect of pecuniary loss by reason of theft
20. Act to bind the Crown

PART 2 - Restrictions on provision of legal services and conveyancing services

21. Provision of legal services
22. Misleading descriptions
23. False or misleading representations in relation to supply of legal services
24. Reserved areas of work for lawyers and incorporated law firms
25. Lawyers of other jurisdictions
26. Drafting court documents
27. Exceptions to sections 21, 22, 24, and 26
28. Proceedings in respect of offences against any provision of sections 21 to 24
29. Contempt of court
30. Practice by lawyer on his or her own account
31. Exceptions to section 30
32. Provision of conveyancing services
33. Misleading descriptions
34. Proceedings in respect of offence against section 32 or section 33
35. Practice of conveyancing
36. Exceptions to sections 32, 33, and 35
37. Practice by conveyancing practitioner on his or her own account
38. Exceptions to section 37
39. Issue of practising certificates
40. Effect of application for practising certificate
41. Power to refuse to issue practising certificate
42. Right to appeal
43. Injunctions
44. Practitioners to whom Schedule 1 applies
45. Offences
46. Penalty
47. Provisions not affected

PART 3 - Admission and enrolment of barristers and solicitors

48. Admission as barrister and solicitor
49. Qualifications
50. Evidence of qualifications
51. Evidence of suitability
52. Admission
53. Reciprocal admission
54. Rules of court as to admission
55. Fit and proper person
56. Registrar to keep roll of barristers and solicitors
57. Enrolment
58. Striking off and restoration of names by order of Disciplinary Tribunal or High Court
59. Removal from roll if deemed registration ceases in some circumstances
60. Voluntary removal of name from roll, and restoration
61. Supply of information
62. Admission and restoration fees

PART 4 - New Zealand Law Society

63. Continuation of New Zealand Law Society
64. Membership
65. Regulatory functions
66. Representative functions
67. Regulatory powers
68. Representative powers
69. Power to borrow
70. Constitution of New Zealand Law Society
71. Registration of constitution and amendments to constitution
72. Application of Legislation Act 2019 to constitution of New Zealand Law Society
73. Practising fees
74. Levies
75. Subscriptions
76. Annual report

PART 5 - New Zealand Society of Conveyancers

77. Establishment of New Zealand Society of Conveyancers
78. Membership
79. Regulatory functions
80. Representative functions
81. Regulatory powers
82. Rules for registration of conveyancers
83. Fit and proper person
84. Rules relating to education
85. Representative powers
86. Power to borrow
87. Constitution of New Zealand Society of Conveyancers
88. Registration of constitution and amendments to constitution
89. Application of Legislation Act 2019 to constitution of New Zealand Society of Conveyancers
90. Practising fees
91. Levies
92. Subscriptions
93. Annual report

PART 6 - Conduct of practice by practitioners

94. Practice rules
95. Code of professional conduct and client care
96. Practice rules in relation to nominee companies
97. Certain practice rules in relation to lawyers
98. Certain practice rules in relation to conveyancing practitioners
99. Indemnity rules
100. Consultation in relation to rules
101. Criteria in relation to approval of practice rules by Minister
102. Registration of practice rules
103. Amendment of rules
104. Power of Minister to amend rules
105. Registration of amendments to rules
106. Application of Legislation Act 2012 to rules
107. Effect of practice rules
108. Regulations in relation to practitioners
109. Investigation of affairs of practices
110. Obligation to pay money received into trust account at bank
111. Obligation to account for trust money and valuable property
112. Obligation to keep records in respect of trust accounts and valuable property
113. Protection of money received
114. Duty of practitioners to ensure that funds earn interest
115. Regulations relating to trust accounts
116. Provisions relating to regulations relating to trust accounts
Note
117. Status of barristers
118. Office or rank of Queen's Counsel
118A. Eligibility for appointment
118B. Restrictions on practice of specified category of lawyers who hold rank
118C. Queen's Counsel appointed before 1 August 2008
118D. Senior Counsel appointed after 31 July 2008 and before 3 December 2012
119. Regulations relating to King’s Counsel
119A. Other ways of ceasing to hold rank
119B. Style of rank if Sovereign for time being is King
119C. Royal prerogative power to appoint unaffected

PART 7 - Complaints and discipline

120. Purposes
121. Obligation to establish complaints service
122. Rules
123. Administration of complaints service
124. Functions of New Zealand Law Society in relation to complaints service
125. Functions of New Zealand Society of Conveyancers in relation to complaints service
126. Lawyers Standards Committees
127. Conveyancing Practitioners Standards Committees
128. Notice to Minister
129. Membership of Standards Committees
130. Functions of Standards Committees
131. Rules relating to Standards Committees
132. Complaints about practitioners, incorporated firms, and their employees
133. Complaint of failure to comply with order or final determination
134. Complaint to be in writing
135. Appropriate complaints service
136. Complaint by Law Society or Society of Conveyancers
137. Action on receipt of complaint
138. Decision to take no action on complaint
139. Notice of decision
140. Inquiry by Standards Committee
141. Notice to person to whom complaint or inquiry relates
142. Procedure of Standards Committee
143. Negotiation, conciliation, and mediation
144. Power to appoint investigators
145. Instrument of appointment
146. Investigations by investigators
147. Powers of investigation
148. Report to Standards Committee
149. Disclosure of report
150. Discretion in relation to contents of report
151. Evidence
152. Power of Standards Committee to determine complaint or matter
153. Hearings on the papers
154. Reference of complaint or matter to Disciplinary Tribunal
155. Application for suspension of practitioner
156. Power of Standards Committee to make orders
157. Further power to make order for payment of costs
158. Notice of determination
159. Power to notify Registrar-General of Land
160. Complaints by beneficiaries in relation to costs
161. Stay of proceedings for recovery of costs
162. Purpose
163. Circumstances justifying intervention
164. Intervention in relation to regulated trust accounts
165. Administration of funds obtained from regulated trust accounts
166. Claims in respect of money paid to Standards Committee
167. Power of Standards Committee to repay money
168. Directions relating to Fidelity Scheme
169. Power to take possession of money, property, records, and documents
170. Power in relation to postal articles and email communications
171. Offences
172. Warrant to search premises
173. Warrant to inspect bank accounts
174. Obligation to produce warrant
175. Notice of execution of warrant
176. Powers and duties of Standards Committee in relation to documents and records
177. Notification to clients of practitioner or former practitioner
178. Power to notify Registrar-General of Land
179. Notification of practitioner or former practitioner, partner, employer, or director
180. Application to High Court by practitioner, former practitioner, related person or entity, partner, employer, or director
181. Recovery of expenses of Standards Committee
182. Application of money in satisfaction of expenses
183. Power to appoint committees
184. Delegation of functions and powers
185. Members, investigators, etc, not personally liable
186. Protection and privileges of witnesses
187. Privileges and immunities of counsel
188. Disclosure of information
189. Enforcement of orders
190. Legal Complaints Review Officer
191. Criteria for appointment
192. Functions of Legal Complaints Review Officer
192A. Orderly and efficient operation
193. Right of review
194. Applicants in relation to complaints
195. Applicants in relation to inquiries
196. Applicants in relation to power to intervene
197. Applicants in other cases
198. Applications for review
199. Obligation to conduct review
200. Avoidance of unnecessary formality
201. Postponement for consideration of negotiation, conciliation, or mediation
202. General powers
203. Scope of review of final determination
204. Power to obtain information
205. Legal Complaints Review Officer may strike out, determine, or adjourn application for review
206. Proceedings of Legal Complaints Review Officer
206A. Suppression orders
207. Evidence
208. Disclosure of evidence and information to parties
209. Power to direct reconsideration of complaints, matters, or decisions
210. Order for payment of costs
211. Powers exercisable on review
212. Laying of charge with Disciplinary Tribunal
213. Obligation to report outcomes and recommendations
214. Adverse comment
215. Enforcement of orders for payment of money
Note
215A. Practice notes
215B. Online publication of information about procedures, time frames, and progress of decisions
216. Purpose
217. Levy
218. Legal Complaints Review Officer Trust Account
219. Special circumstances levy
220. Payment of levies
221. Recovery of levy
222. Reports in relation to cost recovery
223. Annual report
224. Contents of annual report
225. Further provisions relating to Legal Complaints Review Officer
226. New Zealand Lawyers and Conveyancers Disciplinary Tribunal
227. Functions of Disciplinary Tribunal
228. Membership of Disciplinary Tribunal
229. Disciplinary Tribunal may sit in divisions
230. Appointment of chairperson and deputy chairperson
231. Responsibilities of chairperson
232. Deputy chairperson and acting deputy chairperson
233. Appointment of other members
233A. Appointment of temporary acting member
234. Constitution for proceedings
235. Quorum
236. Rules of natural justice
237. Representation before Disciplinary Tribunal
238. Hearings to be in public
238A. Hearing on papers
239. Evidence
239A. Online publication of information about procedures, time frames, and progress of decisions
239B. Online publication of final written decisions
240. Restrictions on publication
240A. Disciplinary Tribunal may strike out, determine, or adjourn proceeding
241. Charges that may be brought before Disciplinary Tribunal
242. Orders that may be made where charge proved
243. Power to refer bill of costs to Standards Committee
244. Making of order for striking off roll, cancellation of registration, or suspension from practice
245. Interim suspension from practice
246. Restoration of name to roll or register
247. Revocation of order in respect of employee
248. Consent to employ
249. Order for payment of costs
249A. Practice notes
250. Rules of procedure
251. Contempt of Disciplinary Tribunal
252. Power of Disciplinary Tribunal to determine procedure
253. Appeal against order or decision of Disciplinary Tribunal
254. Appeal to Court of Appeal on question of law
255. Order for striking off, cancellation of registration, restoration, or suspension to be filed in High Court
256. Notice of order for striking off, cancellation of registration, restoration, or suspension to be published in Gazette
257. Reimbursement of costs of hearing
258. Enforcement of orders of Disciplinary Tribunal
259. Annual report
260. Further provisions relating to Disciplinary Tribunal
261. Failure to comply with summons
262. Obstruction
262A. Offence of breaching suppression order
263. Publication
264. Liability of principal for acts of agent, etc
265. Time for filing charging document
266. Lawyer's name may be struck off on application to High Court
267. High Court may dismiss application, or reserve case for Court of Appeal
268. Inherent jurisdiction of High Court
269. Notice of order for striking off or suspension to be published in Gazette
270. Jurisdiction of High Court not limited
271. Legal professional privilege
272. Protection of New Zealand Law Society and New Zealand Society of Conveyancers and other persons

PART 8 - New Zealand Council of Legal Education

273. Continuation and renaming of Council
274. Functions
275. Powers
276. Consultation with New Zealand Law Society
277. Levies
278. Power of Council to make regulations
279. Power of Council to make rules
280. Power to appoint committees
281. Institute of Professional Legal Studies
282. Membership
283. Term of office
284. Extraordinary vacancies
285. Proceedings not affected by vacancies
286. Chairperson
287. Further provisions applying to Council
288. Annual report

PART 9 - Lawyers and Conveyancers Special Fund

289. Lawyers and Conveyancers Special Fund
290. Money payable into Fund
291. Separate bank account
292. Management Committee
293. Membership of Management Committee
294. Meetings of Management Committee
295. Bank accounts
296. Investment of money
297. Audit of accounts
298. Distribution of Special Fund
299. Nominated trust accounts
300. Money required to be held in nominated trust account
301. Interest to be payable on nominated trust account
302. Banks to pay interest on nominated trust accounts to Special Fund
303. Practitioners, incorporated firms, and banks not liable to account to client for interest payable on nominated trust account

PART 10 - Fidelity Funds

304. Purpose
305. Interpretation
306. Claim event
307. Lawyers to whom, and incorporated law firms to which, this Part applies
308. Conveyancing practitioners to whom, and incorporated conveyancing firms to which, this Part applies
309. Lawyers' Fidelity Fund
310. Conveyancing Practitioners' Fidelity Fund
311. Rules
312. Contributions to Lawyers' Fidelity Fund
313. Contributions to Conveyancing Practitioners' Fidelity Fund
314. Power of New Zealand Law Society to impose extraordinary levy
315. Power of New Zealand Society of Conveyancers to impose extraordinary levy
316. Contributions and levies
317. Election not to receive money or other valuable property in trust
318. Making, expiration, and revocation of election under section 317
319. Offence
320. Application of Lawyers' Fidelity Fund
321. Application of Conveyancing Practitioners' Fidelity Fund
322. No compensation in respect of money instructed to be invested
323. Advances from fidelity fund for purposes of this Part
324. Claims against fidelity fund
325. Defences to claims against fund
326. Rights of subrogation
327. Money recovered by claimants to be held in trust if rights of subrogation apply
328. Provisions applicable if fund insufficient to satisfy claims
329. Power to rule off fund
330. Consequences of rule off
331. Regulatory society may enter into contracts of insurance
332. Application of insurance money

PART 11 - Miscellaneous provisions

333. Definitions
334. Conditional fee agreements
335. Exclusions
336. Practice rules in relation to conditional fee agreements
337. Unclaimed money in trust account
338. Councils and members, etc, not personally liable
339. Regulations
340. Meaning of real estate agent
341. Repeal
342. Interpretation
343. Correctness of instrument to be certified
344. Who may give certification
345. Recovery of compensation paid and costs in case of fraud
346. Interpretation
347. Power to make electronic lodgement compulsory
348. Amendments to other enactments
349. Repeals
350. Prohibition on complaints and investigations under Law Practitioners Act 1982
351. Complaints about conduct before commencement of section
352. Penalty
353. Continuation of disciplinary proceedings and certain other proceedings
354. Continuation of Lay Observers
355. Exercise by Legal Complaints Review Officer of role of Lay Observer
356. Exercise by Lawyers Standards Committee of role of complaints committee
357. Exercise by Lawyers Standards Committee of role of District Disciplinary Tribunal
358. Exercise by New Zealand Lawyers and Conveyancers Disciplinary Tribunal of role of New Zealand Law Practitioners Disciplinary Tribunal
359. Appeal from decision of District Disciplinary Tribunal or Lawyers Standards Committee exercising powers of District Disciplinary Tribunal
360. Appeal from decision of New Zealand Law Practitioners Disciplinary Tribunal or New Zealand Lawyers and Conveyancers Disciplinary Tribunal
361. Revision of practitioner's bill of costs
362. Law Society inspectorate
363. Continuation of Part 9 of Law Practitioners Act 1982
364. Money payable into Solicitors' Fidelity Guarantee Fund
365. Claims in relation to Solicitors' Fidelity Guarantee Fund
366. Public notice of last day for making claims
367. Winding up of Solicitors' Fidelity Guarantee Fund
368. Completion of determination of claim
369. Application of Solicitors' Fidelity Guarantee Fund on winding up
370. Repeal of provisions relating to Solicitors' Fidelity Guarantee Fund
371. Persons deemed to have been admitted as barristers and solicitors
372. Continuation and dissolution of District Law Societies
373. Assets and liabilities of District Law Societies
374. Power to transfer assets of District Law Society library
375. Power of incorporated society to provide law library
376. Power to contribute to funding of law libraries
377. Members to have no right to property on dissolution of incorporated society
378. Consequential provisions in relation to assets, money, and property
379. Records relating to regulatory activities
380. Administration of solicitor's trust account
381. Solicitor's records and documents
382. Certain matters not affected by transfer of assets and liabilities
383. Employees
384. Final accounts of District Law Societies
385. References to President of District Law Society
386. Members of New Zealand Law Society
387. Officers of New Zealand Law Society
388. Rights of landbrokers
389. Repeal
390. Exercise of regulatory functions of New Zealand Society of Conveyancers
Note
391. Appointment of members of Disciplinary Tribunal
392. Quorum
393. Power to alter period
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7

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