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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Privilege and confidentiality - General

137: Lawyers' trust accounts

You could also call this:

"Rules for lawyers to keep clients' money safe and what happens if police want to see the records"

When you are a lawyer, you have to keep track of money that belongs to your clients. You do this by keeping books of account or accounting records. These records are for trust account money that is subject to section 112 of the Lawyers and Conveyancers Act 2006.

You might also keep these records if you work for a company that is controlled by a lawyer or a law firm. This company has to follow rules made by the New Zealand Law Society under section 96 of the Lawyers and Conveyancers Act 2006.

If the police want to look at these records, they can get a special order or warrant to do so. This means you have to give them the records, even if they contain private information. The police can use the information in these records as evidence in court, if they are investigating a crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136845.

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Crime and justice > Criminal lawCrime and justice > Courts and legal helpRights and equality > Privacy
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Part 4General provisions in relation to search, surveillance, and inspection powers
Privilege and confidentiality: General

137Lawyers' trust accounts

  1. Subsection (2) applies to documents that are books of account or accounting records kept—

  2. by a solicitor in relation to any trust account money that is subject to section 112 of the Lawyers and Conveyancers Act 2006; or
    1. by a nominee company that—
      1. is subject to practice rules made by the Council of the New Zealand Law Society under section 96 of the Lawyers and Conveyancers Act 2006; and
        1. is operated by a barrister and solicitor or an incorporated law firm as a nominee in respect of securities and documents of title held for clients.

        2. The application by section 136 of this Act of section 54 of the Evidence Act 2006 (which relates to the privilege for communications with legal advisers) does not prevent, limit, or affect—

        3. the making of a production order, issuing of a search warrant, or exercise of any other search power in respect of a document to which this subsection applies; or
          1. the obligation to comply with that production order, search warrant, or other search power in respect of a document to which this subsection applies; or
            1. the admissibility, in a criminal proceeding for an offence described in the production order or search warrant or for an offence in respect of which any other search power was exercised, of any evidence that relates to the contents of a document obtained under the production order or search warrant, or as the result of the exercise of any other search power.