Lawyers and Conveyancers Act 2006

Complaints and discipline - Cost recovery

217: Levy

You could also call this:

"A levy is a fee to help cover law society costs."

Illustration for Lawyers and Conveyancers Act 2006

You pay a levy to help cover costs. The New Zealand Law Society and the New Zealand Society of Conveyancers pay this levy each year. The levy helps pay for the Legal Complaints Review Officer's work. This includes their pay and allowances, as stated in clause 4 of Schedule 3, and accommodation costs, as stated in clause 5 of Schedule 3. The Minister decides the levy rate after talking to the societies. The rate is based on the number of practitioners with current certificates. The Minister tells the societies the levy rate and when it is due. The levy also covers unexpected costs, but these cannot be more than 10% of the expected costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366768.

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Part 7Complaints and discipline
Cost recovery

217Levy

  1. The New Zealand Law Society, in its regulatory capacity, and the New Zealand Society of Conveyancers, in its regulatory capacity, must, in respect of each financial year, pay to the Ministry of Justice a levy to meet—

  2. the actual and anticipated cost to the Crown of the performance, in the financial year to which the levy relates, of the functions of the Legal Complaints Review Officer; and
    1. any unanticipated cost to the Crown of the performance, in the financial year to which the levy relates, of the functions of the Legal Complaints Review Officer.
      1. The cost to the Crown of the performance of the functions of the Legal Complaints Review Officer includes—

      2. the remuneration and allowances payable under clause 4 of Schedule 3 to the Legal Complaints Review Officer and each Deputy Legal Complaints Review Officer; and
        1. the cost of the accommodation and services provided under clause 5 of Schedule 3.
          1. The amount of the unanticipated cost referred to in subsection (1)(b) is not to exceed 10% of the actual and anticipated cost referred to in subsection (1)(a).

          2. The rate of the levy—

          3. is to be determined in respect of each financial year by the Minister after consultation with the New Zealand Law Society and the New Zealand Society of Conveyancers; and
            1. is, in the case of the New Zealand Law Society, to be based on the number of practitioners who hold current practising certificates issued by that society; and
              1. is, in the case of the New Zealand Society of Conveyancers, to be based on the number of practitioners who hold current practising certificates issued by that society.
                1. The Minister must, on determining the rate of the levy, give written notice to each society of both the rate of the levy and the date by which the levy is required to be paid to the Ministry of Justice.

                Notes
                • Section 217(2)(a): amended, on , by section 4 of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).