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Lawyers and Conveyancers Act 2006

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

28: Proceedings in respect of offences against any provision of sections 21 to 24

You could also call this:

"What happens if you break the rules in sections 21 to 24 of the Lawyers and Conveyancers Act"

Illustration for Lawyers and Conveyancers Act 2006

You can be charged with an offence against sections 21 to 24 of the Lawyers and Conveyancers Act 2006 if you break the rules. The President of the New Zealand Law Society or someone they authorise can file a charging document against you. They must follow the rules when filing the document. If you are taken to court for an offence against sections 21 to 24, a certificate from the New Zealand Law Society can be used as evidence. This certificate shows whether you had a current practising certificate as a barrister or barrister and solicitor at the time. The certificate is enough evidence unless you can prove otherwise. The New Zealand Law Society's certificate is accepted as genuine unless someone proves it is not. You do not need to prove the person's signature on the certificate is real.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365737.

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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"

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

28Proceedings in respect of offences against any provision of sections 21 to 24

  1. A charging document in respect of an offence against any provision of sections 21 to 24 may be filed only—

  2. by the President of the New Zealand Law Society; or
    1. by a person authorised by the Council of the New Zealand Law Society to file that charging document.

      1. In any proceedings for an offence against any provision of sections 21 to 24, a certificate purporting to be signed by the executive director of the New Zealand Law Society or a person authorised by the Council of the New Zealand Law Society to sign that certificate and stating that at any time or during any period specified in the certificate any person was not, and was not deemed to be, the holder of a current practising certificate as a barrister, or as a barrister and solicitor, as the case may require,—

      2. is admissible in evidence; and
        1. is, in the absence of proof to the contrary, sufficient evidence of the matters stated in it.

          1. The production of a certificate for the purposes of subsection (2) purporting to be signed by the executive director of the New Zealand Law Society or a person authorised by the Council of the New Zealand Law Society to sign that certificate is prima facie evidence of the certificate without proof of the signature of the person purporting to have signed it.

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          Notes
          • Section 28(1): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).