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Lawyers and Conveyancers Act 2006

Preliminary provisions

9: Misconduct defined in relation to provision of regulated services by employees

You could also call this:

"What happens if lawyers or conveyancers do wrong while working for someone else?"

Illustration for Lawyers and Conveyancers Act 2006

If you are a lawyer and work for someone else, you must provide regulated services as part of your job. You cannot provide these services to the public outside of your job unless it is for a lawyer, a partnership of lawyers, an incorporated law firm, or certain other organisations. The Employment Relations Act 2000 explains what an employment relationship is. If you work for an employer organisation or a union, you can only provide legal services to the organisation or its members if it is related to their membership or employment. This includes services about their rights, obligations, or liabilities as members or employees. You can find more information about this in the Employment Relations Act 2000. If you are a conveyancing practitioner and work for someone else, you must also provide regulated services as part of your job. You cannot provide these services to the public outside of your job unless it is for a conveyancing practitioner, a partnership of conveyancing practitioners, or certain other organisations. This section is subject to section 10.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365708.

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Part 1Preliminary provisions

9Misconduct defined in relation to provision of regulated services by employees

  1. A lawyer is guilty of misconduct who, being an employee, provides regulated services to the public other than in the course of his or her employment—

  2. by a lawyer; or
    1. by a partnership comprised entirely of lawyers; or
      1. by an incorporated law firm; or
        1. by a community law centre; or
          1. by the Ministry of Justice; or
            1. by Public Trust; or
              1. by the Maori Trustee; or
                1. by a trustee company; or
                  1. by an employer organisation; or
                    1. by a union.

                      1. Despite subsection (1), a lawyer is guilty of misconduct if, in the course of his or her employment—

                      2. by an employer organisation, he or she provides—
                        1. legal services to a person other than the organisation or a member of the organisation; or
                          1. legal services to a member of the organisation that are not relevant to his or her or its membership of the organisation; or
                            1. regulated services that are not legal services to any person; or
                            2. by a union, he or she provides—
                              1. legal services to a person other than the union or a member of the union; or
                                1. legal services to a member of the union that are not relevant to his or her or its membership of the union; or
                                  1. regulated services that are not legal services to any person.

                                  2. For the purposes of subsection (1A), legal services provided to a member of an employer organisation or, as the case requires, a union are relevant to his or her or its membership of the employer organisation or union if the legal services relate to—

                                  3. the member's rights, obligations, or liabilities in his or her capacity—
                                    1. as a member of the employer organisation or union; or
                                      1. as an employer or employee; or
                                      2. any matter concerning or arising out of any employment relationship (within the meaning of the Employment Relations Act 2000), including any former or prospective relationship of that kind; or
                                        1. any claim or action by or against the member under any enactment specified in section 236(4) of the Employment Relations Act 2000; or
                                          1. compliance with any enactment or other requirement governing the performance of the duties of the member in the conduct of the member's normal business or profession; or
                                            1. any question or matter concerning the member's professional liability, entitlement under any contract of insurance relating to professional liability, or compliance with professional standards.

                                              1. A conveyancing practitioner is guilty of misconduct who, being an employee, provides regulated services to the public other than in the course of his or her employment—

                                              2. by a conveyancing practitioner; or
                                                1. by a partnership comprised entirely of conveyancing practitioners; or
                                                  1. by an incorporated conveyancing firm; or
                                                    1. by a lawyer; or
                                                      1. by a partnership comprised entirely of lawyers; or
                                                        1. by an incorporated law firm; or
                                                          1. by Public Trust; or
                                                            1. by the Maori Trustee; or
                                                              1. by a trustee company.

                                                                1. This section is subject to section 10.

                                                                Notes
                                                                • Section 9(1)(e): amended, on , by section 144 of the Legal Services Act 2011 (2011 No 4).
                                                                • Section 9(1)(h): amended (with effect from 1 August 2008), on , by section 6(1) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).
                                                                • Section 9(1)(i): added (with effect from 1 August 2008), on , by section 6(1) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).
                                                                • Section 9(1)(j): added (with effect from 1 August 2008), on , by section 6(1) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).
                                                                • Section 9(1A): inserted (with effect from 1 August 2008), on , by section 6(2) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).
                                                                • Section 9(1B): inserted (with effect from 1 August 2008), on , by section 6(2) of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).