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Lawyers and Conveyancers Act 2006

Conduct of practice by practitioners - Investigations

109: Investigation of affairs of practices

You could also call this:

"Checking lawyers' and conveyancers' accounts to make sure they are doing things correctly"

Illustration for Lawyers and Conveyancers Act 2006

The New Zealand Law Society and the New Zealand Society of Conveyancers can appoint someone to check the accounts of lawyers or conveyancers. They can ask this person to write confidential reports about any problems they find in the accounts. You can find out what a qualified statutory accountant is by looking at section 5(1) of the Financial Reporting Act 2013. The person they appoint must be someone who works for the Society, a qualified statutory accountant, or an inspector. The appointment must be in writing. If someone is appointed to investigate, they must follow the rules in Schedule 2. This helps make sure the investigation is done fairly and correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366138.

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Part 6Conduct of practice by practitioners
Investigations

109Investigation of affairs of practices

  1. The New Zealand Law Society may, at any time, appoint a person—

  2. to examine from time to time the accounts of lawyers or firms of lawyers or incorporated law firms; and
    1. to furnish to the Society confidential reports—
      1. as to any irregularity in the accounts of any lawyer or firm of lawyers or incorporated law firm that may be disclosed by any examination conducted under paragraph (a); and
        1. as to any other matter that, in the opinion of the person so appointed, should be reported upon or further investigated.

        2. The New Zealand Society of Conveyancers may, at any time, appoint a person—

        3. to examine from time to time the accounts of conveyancing practitioners or firms of conveyancing practitioners or incorporated conveyancing firms; and
          1. to furnish to the Society confidential reports—
            1. as to any irregularity in the accounts of any conveyancing practitioner or firm of conveyancing practitioners or incorporated conveyancing firm that may be disclosed by any examination conducted under paragraph (a); and
              1. as to any other matter that, in the opinion of the person so appointed, should be reported upon or further investigated.

              2. A person may be appointed under subsection (1) or subsection (2) only if he or she is—

              3. an officer or member of the Society by which the appointment is made; or
                1. a qualified statutory accountant (within the meaning of section 5(1) of the Financial Reporting Act 2013); or
                  1. in the case of an appointment to be made under subsection (1), a person who holds office as an inspector appointed to the Law Society inspectorate; or
                    1. in the case of an appointment to be made under subsection (2), a person who holds office as an inspector appointed to the Conveyancers Society inspectorate.

                      1. An appointment made under subsection (1) or subsection (2) must be in writing.

                      2. Schedule 2 applies in relation to investigations conducted by persons appointed under this section.

                      Compare
                      Notes
                      • Section 109(3)(b): amended, on , by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).