Lawyers and Conveyancers Act 2006

Conduct of practice by practitioners - Trust accounts

114: Duty of practitioners to ensure that funds earn interest

You could also call this:

"Lawyers must help clients' money earn interest, unless it's not reasonable or the client says no."

Illustration for Lawyers and Conveyancers Act 2006

You have a duty to make sure money held for someone earns interest. This is for every practitioner and their team. They must do this unless the person says not to. You do not have to do this if it is not reasonable. This could be because the amount is small or the time is short. The money must be invested so interest is paid to the person. You can compare this to the Lawyers and Conveyancers Act 2006 and the 1982 No 123 s 89A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366144.

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115: Regulations relating to trust accounts, or

"Rules for Lawyers' Trust Accounts"

Part 6Conduct of practice by practitioners
Trust accounts

114Duty of practitioners to ensure that funds earn interest

  1. It is the duty of every practitioner and of every related person or entity and of every incorporated firm to ensure that, wherever practicable, all money held on behalf of any person by that practitioner, related person or entity, or incorporated firm earns interest for the benefit of that person, unless—

  2. that person instructs otherwise; or
    1. it is not reasonable or practicable (whether because of the smallness of the amount, the shortness of the period for which the practitioner, related person or entity, or incorporated firm is to hold the money, or for any other reason) for the practitioner, related person or entity, or incorporated firm to invest the money, at the direction of the person for whom the money is held, so that interest is payable on it for the benefit of that person.
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