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Lawyers and Conveyancers Act 2006

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

34: Proceedings in respect of offence against section 32 or section 33

You could also call this:

"What happens if you break the law as a lawyer or conveyancer"

Illustration for Lawyers and Conveyancers Act 2006

If you break the rules in section 32 or section 33, a charging document can be filed against you. This can be done by the President of the New Zealand Law Society, the President of the New Zealand Society of Conveyancers, or someone they authorise. You can be taken to court for breaking these rules. In court, a certificate can be used as evidence against you. This certificate can say that you did not have a current practising certificate at a certain time. It can be signed by the executive director of the New Zealand Law Society or the New Zealand Society of Conveyancers, or someone they authorise. If someone produces a certificate in court, it is assumed to be true unless you can prove otherwise. This means you do not need to prove who signed the certificate, it is enough that it says who signed it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365744.

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

34Proceedings in respect of offence against section 32 or section 33

  1. A charging document in respect of an offence against section 32 or 33 may be filed only—

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

        1. In any proceedings for an offence against section 32 or section 33, a certificate of any of the following kinds is admissible in evidence and is, in the absence of proof to the contrary, sufficient evidence of the matters stated in it:

        2. 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:
          1. a certificate purporting to be signed by the executive director of the New Zealand Society of Conveyancers or a person authorised by the Council of the New Zealand Society of Conveyancers 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 conveyancing practitioner.

            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 by a person authorised by the Council of the New Zealand Law Society to sign that certificate or by the executive director of the New Zealand Society of Conveyancers or by a person authorised by the Council of the New Zealand Society of Conveyancers 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 34(1): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).