Lawyers and Conveyancers Act 2006

Admission and enrolment of barristers and solicitors - Admission of barristers and solicitors

55: Fit and proper person

You could also call this:

"Who can be a lawyer: being a fit and proper person"

Illustration for Lawyers and Conveyancers Act 2006

When you want to become a barrister and solicitor, the High Court or the New Zealand Law Society checks if you are a fit and proper person. They look at many things to decide this, including whether you are of good character. They also check if you have been bankrupt or convicted of an offence. They consider the type of offence, how long ago it happened, and how old you were when it happened. They check if you have practised law without permission in New Zealand or another country. They also look at whether you have broken any rules about trust money or accounts. The High Court or the New Zealand Law Society can still decide you are a fit and proper person even if you have done something wrong. They can make this decision even if you do not meet all the criteria set out in the rules made under section 54. This section does not limit the reasons why you might not be considered a fit and proper person. The High Court or the New Zealand Law Society can consider many factors when making their decision. They can look at whether you are subject to a disciplinary action or investigation. They check if your name has been removed from a roll of lawyers in another country. They also consider whether you have the ability to perform the tasks required of a lawyer. You might not be considered a fit and proper person if you have a mental or physical condition that stops you from doing your job. The High Court or the New Zealand Law Society uses all this information to decide if you can become a barrister and solicitor.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365774.

This page was last updated on 4 January 2026 — View changes

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54: Rules of court as to admission, or

"Rules to Become a Lawyer"

56: Registrar to keep roll of barristers and solicitors, or

"The Registrar keeps a list of all barristers and solicitors."

Part 3Admission and enrolment of barristers and solicitors
Admission of barristers and solicitors

55Fit and proper person

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, the High Court or the New Zealand Law Society may take into account any matters it considers relevant and, in particular, may take into account any of the following matters:
whether the person is of good character:
whether the person has, at any time, been declared bankrupt or been a director of a company that has been put into receivership or liquidation:
whether the person has been convicted of an offence in New Zealand or a foreign country; and, if so,—
1. the nature of the offence; and
2. the time that has elapsed since the offence was committed; and
3. the person's age when the offence was committed:
whether the person has engaged in legal practice in New Zealand when not admitted under this Act or a corresponding law, or not holding an appropriate New Zealand practising certificate, as required by law:
whether the person has practised law in a foreign country—
1. when not permitted by or under the law of that country to do so; or
2. if permitted to do so, in contravention of a condition of the permission:
whether the person is subject to—
1. an unresolved complaint under a corresponding foreign law; or
2. a current investigation, charge, or order by a regulatory or disciplinary body for persons engaging in legal practice under a corresponding foreign law:
whether the person—
1. is a subject of current disciplinary action in another profession or occupation in New Zealand or a foreign country; or
2. has been the subject of disciplinary action of that kind that has involved a finding of guilty, however expressed:
whether the person's name has been removed from a foreign roll, and that person's name has not been restored:
whether the person's right of practice as a lawyer has been cancelled or suspended in a foreign country:
whether the person has contravened, in New Zealand or a foreign country, a law about trust money or a trust account:
whether the person is subject to an order under this Act or a corresponding law disqualifying the person from being employed by, or a partner of, a lawyer or an incorporated law firm:
whether, because of a mental or physical condition, the person is unable to perform the functions required for the practice of the law.

The High Court or the New Zealand Law Society may determine that a person is a fit and proper person to be admitted as a barrister and solicitor even though the person—
is within any of the categories mentioned in any of the paragraphs of subsection (1); or
does not satisfy all of the criteria prescribed by rules made under section 54.

Subsection (1) does not limit—
the grounds on which it may be determined that a candidate is not a fit and proper person for admission as a barrister and solicitor; or
the criteria that may be prescribed by rules made under section 54.