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Lawyers and Conveyancers Act 2006

Restrictions on provision of legal services and conveyancing services - Legal services

23: False or misleading representations in relation to supply of legal services

You could also call this:

"Don't make false claims about who gives legal services."

Illustration for Lawyers and Conveyancers Act 2006

You must not make false or misleading claims about who provides legal services. This includes claims that a lawyer or someone with a law qualification is providing the services when they are not. You can check what terms are allowed to describe a lawyer in section 21(1)(b). If you are taken to court for making a false claim, the rules from section 45 of the Fair Trading Act 1986 will apply. These rules are usually used for cases under Part 5 of that Act. You can defend yourself if you can prove the mistake was reasonable or you relied on incorrect information from someone else. You can be forgiven if you made a reasonable mistake or relied on wrong information from someone else. This means you did not mean to make a false claim and you were not trying to deceive anyone. You must be able to prove this in court to avoid being found guilty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365728.

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Topics:
Money and consumer rights > Consumer protection
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22: Misleading descriptions, or

"Don't pretend to be a lawyer if you're not one"

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24: Reserved areas of work for lawyers and incorporated law firms, or

"Only lawyers can do certain legal work"

Part 2Restrictions on provision of legal services and conveyancing services
Legal services

23False or misleading representations in relation to supply of legal services

  1. A person commits an offence who, in connection with the supply or possible supply of legal services or with the promotion by any means of the supply or use of legal services, makes a false or misleading representation that the legal services are provided, or are to be provided, by, or under the direct supervision of, a person (being that person or any other person)—

  2. who is entitled to provide legal services under the description of lawyer or any other term specified in subparagraphs (ii) to (viii) of section 21(1)(b); or
    1. who possesses any qualification in law or any branch of law.

      1. Section 45 of the Fair Trading Act 1986 applies, with all necessary modifications, in relation to any proceedings for an offence against subsection (1) as if those proceedings were proceedings under Part 5 of that Act.

      2. It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the contravention of that subsection was due—

      3. to a reasonable mistake; or
        1. to reasonable reliance on information supplied by another person.