Lawyers and Conveyancers Act 2006

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

26: Drafting court documents

You could also call this:

"Rules for writing court documents, who can do it and when"

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You can get in trouble if you write court documents for money and you are not allowed to do so. You are not allowed to write these documents if you are not a lawyer, or someone who is allowed by law to write them, or if you are not working under a lawyer's supervision. The law says what kinds of documents are included, but the Governor-General can say that some documents are exempt. You must follow the rules, but there are some exceptions, which are explained in section 27. The Governor-General can make orders about what documents are exempt, and these orders are a type of law, see Part 3 of the Legislation Act 2019 for more information. These orders have to be published, which means they have to be made available to the public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365731.

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25: Lawyers of other jurisdictions, or

"Lawyers from other countries can work in New Zealand under certain conditions."


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27: Exceptions to sections 21, 22, 24, and 26, or

"When you don't need a lawyer to help with court cases or documents"

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

26Drafting court documents

  1. A person commits an offence who, for gain or reward (whether direct or indirect) and not being an authorised person within the meaning of subsection (2), drafts, settles, or revises for or on behalf of any person who is a party to proceedings before any court or tribunal or who proposes to intervene in, or become a party to, any such proceedings any document that is to be filed in those proceedings.

  2. In this section,—

    authorised person means, in relation to proceedings before any court or tribunal,—

    1. a lawyer; or
      1. a person who is entitled under an Act to draft, settle, or revise a document that is to be filed in those proceedings; or
        1. a person acting under the supervision of a lawyer

          document does not include any special document or class of document that is declared by the Governor-General by Order in Council to be a document or class of document to which subsection (1) does not apply.

          1. This section is subject to the exceptions set out in section 27.

          2. An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 26(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).