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Lawyers and Conveyancers Act 2006

Restrictions on provision of legal services and conveyancing services - Practising certificates

41: Power to refuse to issue practising certificate

You could also call this:

"When Can You Be Refused a Licence to Practise Law?"

Illustration for Lawyers and Conveyancers Act 2006

You can be refused a practising certificate if you are not a fit and proper person. A regulatory society decides this by looking at relevant matters. They consider things like incorrect information or breaking rules. You might not get a practising certificate if you have done something wrong, like breaking the law or not following orders. The regulatory society also looks at whether you have done ongoing legal education as required. They check if you have professional indemnity insurance and if you have paid required contributions or levies. If you have been in trouble before, it does not always mean you will be refused a practising certificate. The regulatory society considers the circumstances and decides what is fair. They cannot refuse a practising certificate for something that was already considered when you applied to be a lawyer or conveyancer, unless new information shows it is part of a bigger problem. A regulatory society is either the New Zealand Law Society or the New Zealand Society of Conveyancers. They have the power to decide who gets a practising certificate and who does not. You can find more information about this in sections like section 55, section 83, section 97(1)​(b), section 98(1)​(c), and section 99, and section 94(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365753.

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Part 2Restrictions on provision of legal services and conveyancing services
Practising certificates

41Power to refuse to issue practising certificate

  1. A regulatory society may refuse to issue a practising certificate to a person on the ground that the person is not a fit and proper person to hold a practising certificate.

  2. For the purposes of determining whether or not a person is a fit and proper person to hold a practising certificate, the regulatory society may take into account any matters it considers relevant and, in particular, may take into account any of the following matters:

  3. in the case of lawyers, any of the matters that may be taken into account under section 55 for the purpose of determining whether or not a person is a fit and proper person to be admitted as a barrister and solicitor of the High Court:
    1. in the case of conveyancing practitioners, any of the matters that may be taken into account under section 83 for the purpose of determining whether or not a person is a fit and proper person to be granted registration as a conveyancer:
      1. the person has obtained a practising certificate because of incorrect or misleading information:
        1. the person has contravened a condition of a practising certificate held by the person:
          1. the person has contravened this Act or a corresponding law:
            1. the person has contravened an order of the Disciplinary Tribunal or a corresponding tribunal:
              1. the person has not undertaken any ongoing legal education required by practice rules made pursuant to section 97(1)(b) or section 98(1)(c):
                1. without limiting any other paragraph,—
                  1. the person's name has been removed from a foreign roll or a foreign register; or
                    1. the person has failed to pay a required contribution or levy to the Lawyers' Fidelity Fund or the Conveyancing Practitioners' Fidelity Fund; or
                      1. the person does not hold any professional indemnity insurance required by rules made under section 99 or is otherwise in breach of any such rules; or
                        1. the person has failed to pay any costs or expenses for which the person is liable under this Act or any regulations, rules, or resolutions made under this Act:
                        2. any other matters the regulatory society thinks appropriate.

                          1. A person may be considered to be a fit and proper person to hold a practising certificate even though the person is within any of the categories of the matters referred to in subsection (2), if the regulatory society considers that the circumstances warrant the determination.

                          2. If a matter was—

                          3. disclosed in an application for admission as a barrister and solicitor or in an application for registration as a conveyancer in this or another jurisdiction; and
                            1. determined by a High Court or the body considering the application for registration as a conveyancer not to be sufficient for refusing admission or registration,—
                                1. the matter cannot be taken into account as a ground for refusing to issue a practising certificate, unless later disclosures demonstrate that the matter is part of a course of conduct that may warrant refusal.

                              1. Subsection (2) does not limit—

                              2. the grounds on which it may be determined whether or not a person is a fit and proper person to hold a practising certificate; or
                                1. the criteria that may be prescribed under section 94(a).

                                  1. In this section, regulatory society means—

                                  2. the New Zealand Law Society; or
                                    1. the New Zealand Society of Conveyancers.