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Lawyers and Conveyancers Act 2006

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

37: Practice by conveyancing practitioner on his or her own account

You could also call this:

"Practising as a conveyancer on your own"

Illustration for Lawyers and Conveyancers Act 2006

You cannot start your own conveyancing practice unless you meet certain requirements. You must have the right practical experience in conveyancing and be suitable to practise. You must also meet any other criteria set out in the rules. You are considered to be practising on your own account if you are a director or shareholder of a conveyancing firm. You can apply to the High Court for permission to practise on your own account. The High Court will look at certain matters when deciding whether to give you permission. The High Court can give you permission with conditions. If you start practising on your own account without permission, you will commit an offence, as stated in the Lawyers and Conveyancers Act 2006. You must follow the rules to practise as a conveyancing practitioner.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365748.

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

37Practice by conveyancing practitioner on his or her own account

  1. No conveyancing practitioner may commence practice on his or her own account, whether in partnership or otherwise, unless—

  2. he or she—
    1. meets the requirements with regard to both practical experience in conveyancing and suitability that are imposed by rules made under this Act; and
      1. meets any other criteria that are prescribed by rules made under this Act; or
      2. he or she is granted by the High Court, on grounds set out in rules made under this Act, leave to practise on his or her own account.

        1. A conveyancing practitioner who is a director or shareholder of an incorporated conveyancing firm is deemed to be practising on his or her own account.

        2. A conveyancing practitioner may apply to the High Court for leave to practise on his or her own account.

        3. The High Court, in deciding whether to grant an application for leave, must have regard to such matters as are specified in rules made under this Act in relation to such an application.

        4. The High Court may grant leave subject to such conditions (if any) as it thinks proper.

        5. A conveyancing practitioner commits an offence who, in contravention of this section, commences practice on his or her own account.

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