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Lawyers and Conveyancers Act 2006

New Zealand Society of Conveyancers - Powers

91: Levies

You could also call this:

"Charges that conveyancers must pay to help fund regulation of their work"

Illustration for Lawyers and Conveyancers Act 2006

The New Zealand Society of Conveyancers can impose a levy on conveyancing practitioners. You will pay this levy to help fund the Society's regulatory work. The levy cannot be more than one-quarter of the maximum practising fee you pay each year. The Society can also impose a levy to recover money it paid under section 217 or section 219. You might have to pay this levy, depending on the type of conveyancing work you do or where you work in New Zealand. The Society can decide to charge different amounts to different types of conveyancing practitioners. The money from the levy can only be used for regulatory work, not for other things the Society does. You will have to pay the levy in the way the practice rules say, and if you do not pay, the Society can take you to court to get the money. A resolution to impose a levy is a type of secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366117.

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"Annual fee for conveyancing practitioners"

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Part 5New Zealand Society of Conveyancers
Powers

91Levies

  1. The Council of the New Zealand Society of Conveyancers—

  2. may, by resolution, for the sole purpose of funding the regulatory functions and powers of the Society, impose on conveyancing practitioners a levy or levies not exceeding in the aggregate in any year, in respect of any conveyancing practitioner, an amount equal to one-quarter of the maximum practising fee payable by any conveyancing practitioner for that year; and
    1. in addition, may, by resolution, for the purpose of section 221(2), impose on all conveyancing practitioners a levy or levies to recover from those practitioners the amount of any levy paid by the Society under section 217 or section 219.

      1. Any resolution under subsection (1) may provide—

      2. for payment of the levy—
        1. by all conveyancing practitioners; or
          1. by any specified class or classes of conveyancing practitioners; or
            1. by conveyancing practitioners practising in any specified part or parts of New Zealand:
            2. for the payment of different amounts—
              1. by different classes of conveyancing practitioners; or
                1. by conveyancing practitioners practising in different parts of New Zealand.

                2. The proceeds of any levy imposed under subsection (1) must not be used by the Society in the performance and exercise of its representative functions and powers or to meet any debt or liability incurred by the Society in respect of its representative functions and powers.

                3. The amount of any levy imposed under subsection (1) is payable in such manner as the practice rules prescribe or authorise, and is recoverable on behalf of the New Zealand Society of Conveyancers as a debt due to it.

                4. A resolution under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Compare
                • 1982 No 123 s 9
                Notes
                • Section 91(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).