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Lawyers and Conveyancers Act 2006

Preliminary provisions

10: Exceptions to section 9

You could also call this:

"When lawyers can work for others not on the list"

Illustration for Lawyers and Conveyancers Act 2006

You can still be a lawyer and work for someone not listed in section 9. You can provide services to your employer if you are a lawyer or conveyancing practitioner. You can do this as long as you follow the rules. You can be a lawyer and work for the government or a statutory officer. You can provide services to the public when you are doing your job. You must follow the rules when doing this. If you are a lawyer with your own practice and also an employee, you can still provide services to the public. But you cannot help your employer provide services to someone you have a lawyer and client relationship with. You can provide legal services to the public through a community law centre or citizens advice bureau. Nothing in section 9 stops you from following other rules, like section 7 or section 8. These rules still apply to you even if you are an employee or statutory officer. You must follow all the rules that apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365709.

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Part 1Preliminary provisions

10Exceptions to section 9

  1. Nothing in section 9 prevents—

  2. a lawyer from being employed by a person other than a person described in paragraphs (a) to (j) of section 9(1); or
    1. a conveyancing practitioner from being employed by a person other than a person described in paragraphs (a) to (i) of section 9(2); or
      1. a lawyer who is employed by a person other than a person described in paragraphs (a) to (j) of section 9(1) from providing in the course of his or her employment regulated services to his or her employer; or
        1. a conveyancing practitioner who is employed by a person other than a person described in paragraphs (a) to (i) of section 9(2) from providing in the course of his or her employment regulated services to his or her employer; or
          1. a lawyer to whom paragraph (c) of this subsection applies from assisting or enabling his or her employer to provide to the public regulated services that are not—
            1. legal services that come within the definition of reserved areas of work; or
              1. services that consist of the drafting, settling, or revising of any document that is to be filed in proceedings before any court or tribunal (if the drafting, settling, or revising of that document by the employer of the lawyer would contravene section 26); or
                1. conveyancing services; or
                  1. services that a lawyer provides by undertaking the work of a real estate agent.

                  2. Nothing in section 9 prevents—

                  3. a lawyer who is acting in his or her capacity as a statutory officer, and not in his or her personal capacity,—
                    1. from providing regulated services to the public in the discharge of his or her duties, or the exercise of his or her powers, under any enactment; or
                      1. from doing any thing that is intended to facilitate, or is conducive or incidental to, the discharge of the functions conferred on the statutory officer by any enactment; or
                      2. a lawyer who is employed by a Crown organisation or is an employee of a statutory officer or Crown organisation, and who is acting in the course of his or her employment,—
                        1. from providing regulated services to the public in the discharge of any duties, or in the exercise of any powers, of the Crown organisation or statutory officer under any enactment; or
                          1. from doing any thing that is intended to facilitate, or is conducive or incidental to, the discharge of the functions conferred on the Crown organisation or statutory officer by any enactment.

                          2. Nothing in section 9 prevents a lawyer who is both an employee and a lawyer practising on his or her own account from providing regulated services to the public in his or her capacity as a lawyer practising on his or her own account.

                          3. Despite subsections (1) to (3), nothing in section 9 or this section permits a lawyer who is employed by a person other than a person described in paragraphs (a) to (j) of section 9(1) to assist or enable his or her employer to provide regulated services to a person with whom the lawyer has a lawyer and client relationship.

                          4. Nothing in section 9 prevents a lawyer who is not an employee of a community law centre or citizens advice bureau from providing legal services to the public under the auspices of a community law centre or citizens advice bureau.

                          5. Nothing in section 9 or this section limits—

                          6. the application of section 7 to a lawyer who is an employee or statutory officer; or
                            1. the application of section 8 to a conveyancing practitioner who is an employee or statutory officer.

                              Notes
                              • Section 10(1)(a): amended (with effect from 1 August 2008), on , by section 7 of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).
                              • Section 10(1)(c): amended (with effect from 1 August 2008), on , by section 7 of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).
                              • Section 10(4): amended (with effect from 1 August 2008), on , by section 7 of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).