38Exceptions to section 37

1. Despite anything in section 37, a conveyancing practitioner may, at any time, commence practice on his or her own account, whether in partnership or otherwise, if, immediately before the commencement of section 67 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, he or she held a licence as a landbroker under section 229 of the Land Transfer Act 1952.

2. Section 37 does not restrict the right of a conveyancing practitioner to practise as a conveyancing practitioner on his or her own account, if at any time previously (whether before or after the commencement of this section) he or she has lawfully practised on his or her own account as a landbroker or conveyancing practitioner.

3. Despite subsection (2), if, in the case of a conveyancing practitioner to whom subsection (2) applies, more than 10 years have elapsed since that conveyancing practitioner last practised on his or her own account as a landbroker or conveyancing practitioner, that conveyancing practitioner is not entitled to practise on his or her own account as a conveyancing practitioner until he or she has received adequate instruction to the satisfaction of the Council of the New Zealand Society of Conveyancers in the duties of a conveyancing practitioner.