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Lawyers and Conveyancers Act 2006

New Zealand Law Society - Powers

67: Regulatory powers

You could also call this:

"Rules to Help Lawyers Follow the Law"

Illustration for Lawyers and Conveyancers Act 2006

The New Zealand Law Society has the power to do what is necessary to regulate lawyers. You can think of regulation like making sure people follow the rules. The Society has the power to issue certificates to lawyers, which lets them work as lawyers. They also keep a list of all the lawyers who have these certificates. The Society can make rules that all lawyers must follow. The Society can stop someone from becoming a lawyer if they do not think it is a good idea. They can also take lawyers to court if they break the rules. The Society can hire people to help them with their work and pay for things like court costs. They can also pay for lawyers to travel to meetings. The Society can share information with the public to help educate them about the law. They can also provide services to lawyers and charge them for it, but they cannot use regulatory money to pay for these services. You can find more information about this by looking at the law from 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365790.

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66: Representative functions, or

"The Law Society's job is to help and represent its members."

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68: Representative powers, or

"The Law Society's power to support and represent lawyers"

Part 4New Zealand Law Society
Powers

67Regulatory powers

  1. The New Zealand Law Society has all such powers, rights, and authorities as are necessary or expedient for or conducive to the performance of its regulatory functions.

  2. Without limiting the generality of subsection (1), the New Zealand Law Society has, in addition to any other powers conferred on it by this or any other Act, the following powers:

  3. to issue practising certificates to all barristers and barristers and solicitors who seek to provide legal services:
    1. to keep and maintain a register of the persons who hold practising certificates as barristers or as barristers and solicitors:
      1. to make practice rules that are binding on all lawyers or any specified class of lawyers:
        1. to oppose any application made for admission as a barrister and solicitor, or any other application made under this Act:
          1. to institute prosecutions against lawyers or other persons for the breach of any statute, rules, or regulations relating to the provision of legal services:
            1. to appoint and pay any person to perform any work or services for the Society, or any lawyer to appear before any court, tribunal, or other body in any matter in which the Society is concerned or interested:
              1. to pay all costs, witnesses' expenses, and other payments incidental to, or connected with, any application or proceedings to which the Society is a party or at the hearing of which it is entitled to appear:
                1. to pay the whole or any part of the expenses incurred by members in attending meetings of the Council of the Society or meetings of any committee appointed by the Council.

                  1. The New Zealand Law Society may, in its regulatory capacity and for the purpose of enabling the fulfilment of its regulatory functions under this Act, publish information for the education of lawyers and the public.

                  2. The New Zealand Law Society, in its regulatory capacity, may provide and charge for services, including premises, for the purpose of the Society's representative functions and powers, but the Society must not in its regulatory capacity subsidise the provision of any such services.

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