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Lawyers and Conveyancers Act 2006

New Zealand Society of Conveyancers - Powers

81: Regulatory powers

You could also call this:

"Rules to Help Conveyancers Do Their Job Properly"

Illustration for Lawyers and Conveyancers Act 2006

The New Zealand Society of Conveyancers has the power to do what is necessary to regulate conveyancers. You can think of regulation as making sure people follow the rules. The Society can make rules under section 82 for registering conveyancers. The Society has the power to give certificates to conveyancers who want to work. It keeps a list of conveyancers who have these certificates. The Society can make rules for conveyancers to follow and can take people to court if they break the rules. The Society can also pay for things like lawyers and witnesses. It can pay for its members to attend meetings. The Society can share information to help conveyancers and the public understand the rules. The Society can provide services and charge for them, but it cannot use its regulatory money to subsidise these services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366107.

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Part 5New Zealand Society of Conveyancers
Powers

81Regulatory powers

  1. The New Zealand Society of Conveyancers 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 Society of Conveyancers has, in addition to any other powers conferred on it by this or any other Act, the following powers:

  3. to make, under section 82, rules providing for the registration of conveyancers:
    1. to issue practising certificates to all registered conveyancers who seek to provide conveyancing services:
      1. to keep and maintain a register of the registered conveyancers who hold practising certificates as conveyancers:
        1. to make practice rules that are binding on all conveyancing practitioners or any specified class of conveyancing practitioners:
          1. to institute prosecutions against conveyancing practitioners or other persons for the breach of any statute, rules, or regulations relating to the provision of conveyancing 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 Society of Conveyancers 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 conveyancing practitioners and the public.

                  2. The New Zealand Society of Conveyancers, 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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