Lawyers and Conveyancers Act 2006

Conduct of practice by practitioners - Practice rules and regulations

94: Practice rules

You could also call this:

"Rules for Lawyers and Conveyancers to Follow"

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You need to follow some rules. The New Zealand Law Society and the New Zealand Society of Conveyancers have rules. These rules include things like who can get a practising certificate. They also cover how fees are paid and how complaints are handled. You can find more information in sections like section 73 and section 90. These rules are important for lawyers and conveyancers. They help keep track of who is practising and make sure they follow the rules. The rules also cover things like fidelity funds and how lawyers can work with patent attorneys. They tell you what information practitioners must give to clients. This includes things like fees and complaints procedures. The rules are in place to help regulate the industry and protect clients.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366122.

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Part 6Conduct of practice by practitioners
Practice rules and regulations

94Practice rules

  1. The New Zealand Law Society and the New Zealand Society of Conveyancers must each have rules that include or provide for—

  2. the criteria for eligibility for a practising certificate:
    1. the payment of the practising fees that are payable under section 73 or section 90 and the issue of practising certificates under section 39(1) or section 39(2):
      1. the payment of levies imposed by a resolution made under section 74(1) or section 91(1), and the payment of subscriptions payable under a resolution made under section 75(1) or section 92(1):
        1. the keeping and maintenance of a register of practitioners:
          1. standards of professional conduct and client care:
            1. in the case of the New Zealand Law Society, the matters relating to the Lawyers' Fidelity Fund that are referred to in section 309:
              1. in the case of the New Zealand Society of Conveyancers, the matters relating to the Conveyancing Practitioners' Fidelity Fund that are referred to in section 310:
                1. in the case of the New Zealand Law Society, the circumstances in which, and the conditions subject to which, lawyers and incorporated law firms may share with patent attorneys the income from any business involving the provision of regulated services to the public:
                  1. the requirements to be met before a practitioner may practise as such on his or her own account, whether as a sole practitioner, in partnership, or otherwise:
                    1. a requirement for practitioners and incorporated firms to provide clients in advance with information on the principal aspects of client service, including—
                      1. the basis on which fees will be charged; and
                        1. indemnity insurance arrangements or other arrangements in respect of professional indemnity; and
                          1. the coverage provided by any fidelity fund; and
                            1. complaints mechanisms:
                            2. the regulation of the receipt, holding, and disbursement of money and other property received or held by practitioners or incorporated firms on behalf of other persons:
                              1. the operation of the complaints service established by it under section 121:
                                1. the criteria to be met by persons who are candidates for appointment as investigators:
                                  1. the circumstances and manner in which the appointment of an investigator may be revoked:
                                    1. the kinds of conduct, including criminal offences, for which a practitioner or former practitioner may be disciplined:
                                      1. prescribing the maximum sum that a Standards Committee may order be paid under section 156(1)(d) by way of compensation:
                                        1. the delegation of functions, duties, and powers under the practice rules:
                                          1. the amendment and replacement of the practice rules.
                                            1. Practice rules under this Part are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                            Notes
                                            • Section 94(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).