Lawyers and Conveyancers Act 2006

New Zealand Council of Legal Education

277: Levies

You could also call this:

"Lawyers must pay a yearly fee to help fund legal education"

Illustration for Lawyers and Conveyancers Act 2006

The New Zealand Law Society must impose a levy on all lawyers each year to fund the New Zealand Council of Legal Education. You will pay this levy in addition to other levies you might already pay, such as the one under section 74. The total amount of levies you pay cannot be more than 5% of the maximum practising fee, unless the Minister decides otherwise. The New Zealand Law Society will collect the levy and pay it to the Council. You must pay the levy in the way the Society decides, and if you do not pay, it can be recovered as a debt. The Society's decision on the levy is a type of law, and you can find out more about how these laws are published in Part 3 of the Legislation Act 2019. The Minister can decide to change the limit on the total amount of levies if it is needed to fund the Council. This means the Minister can set a different percentage of the maximum practising fee that you must pay. The levy is used to fund the Council's annual budget.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367339.

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Part 8New Zealand Council of Legal Education

277Levies

  1. For the purpose of providing funds for the Council in accordance with its annual budget, the Council of the New Zealand Law Society must, in each year, by resolution, impose a levy or levies on all lawyers.

  2. Subject to subsection (4), the levy or levies imposed under subsection (1) may not exceed in the aggregate, in any year in respect of any lawyer, an amount equal to 5% of the maximum practising fee payable by any lawyer for that year.

  3. Any levy imposed under subsection (1) on any lawyer in any year is in addition to levies imposed on that lawyer in that year under section 74.

  4. The limitation imposed by subsection (2) does not apply in relation to any year if—

  5. that limitation would prevent the levies being sufficient to provide the amount of funding sought by the Council in respect of that year; and
    1. the Minister determines that, instead of that limitation, the levy or levies imposed under subsection (1) in respect of that year are not to exceed in the aggregate in respect of any lawyer an amount equal to such percentage as the Minister determines of the maximum practising fee payable by any lawyer for that year.
      1. The proceeds of any levy imposed under subsection (1) must be paid by the New Zealand Law Society to the Council.

      2. The amount of any levy imposed under subsection (1) is payable in such manner as the resolution prescribes or authorises and is recoverable on behalf of the New Zealand Law Society as a debt due to it.

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

      Notes
      • Section 277(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).