Lawyers and Conveyancers Act 2006

Fidelity Funds

308: Conveyancing practitioners to whom, and incorporated conveyancing firms to which, this Part applies

You could also call this:

"Who this part of the law applies to: conveyancers and firms helping the public"

Illustration for Lawyers and Conveyancers Act 2006

This part of the law applies to you if you are a conveyancing practitioner working on your own and providing services to the public. You must also keep records of trust accounts and valuable property as required by section 112(1). This part also applies to incorporated conveyancing firms that provide services to the public and keep these records. This part of the law applies to you if you are a conveyancing practitioner who is a director or shareholder of an incorporated conveyancing firm. The firm must provide services to the public, receive or hold money or valuable property in trust, invest money for others, or receive fees in advance. You are affected by this part of the law if you work for a conveyancing practitioner or firm that provides these services. If you are a conveyancing practitioner employed by someone else, but people think you are a partner, you are treated as providing services to the public on your own. However, if you work for Public Trust, the Maori Trustee, or a trustee company, and provide services to the public as part of your job, you are not affected by this part of the law just because of that. This part of the law only applies to certain conveyancing practitioners and firms, as described in the previous sections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367384.

This page was last updated on 4 January 2026 — View changes

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Money and consumer rights > Consumer protectionHousing and property > Buying and selling homesBusiness > Industry rules

307: Lawyers to whom, and incorporated law firms to which, this Part applies, or

"Which lawyers and law firms this part of the law applies to"

309: Lawyers' Fidelity Fund, or

"A fund to protect people's money, managed by the New Zealand Law Society"

Part 10Fidelity Funds

308Conveyancing practitioners to whom, and incorporated conveyancing firms to which, this Part applies

This Part applies to—
every conveyancing practitioner who—
1. is in practice on his or her own account; and
2. provides regulated services to the public; and
3. is a conveyancing practitioner who is obliged by section 112(1) to keep records in respect of trust accounts and valuable property:
every incorporated conveyancing firm that—
1. provides regulated services to the public; and
2. is an incorporated conveyancing firm that is obliged by section 112(1) to keep records in respect of trust accounts and valuable property:
every conveyancing practitioner who is a director or shareholder of an incorporated conveyancing firm that, in the course of providing to the public services that are, in relation to a conveyancing practitioner, regulated services,—
1. receives or holds in trust money or other valuable property on behalf of any person; or
2. invests money for any other person; or
3. receives money by way of fees or disbursements in advance of an invoice being issued.

Except as provided in subsection (3), this Part applies only to conveyancing practitioners and incorporated conveyancing firms of the kind described in subsection (1).
Every conveyancing practitioner who is in fact employed by a conveyancing practitioner who provides regulated services to the public or by a firm of conveyancing practitioners that provides regulated services to the public but who is held out as a partner of the conveyancing practitioner or as a partner in the firm is deemed, for the purposes of this Part, to be providing regulated services to the public on his or her own account.
For the purposes of this Part, a conveyancing practitioner is not to be treated as being a conveyancing practitioner of the kind described in subsection (1) merely because he or she provides to the public, in his or her capacity as an employee of Public Trust or of the Maori Trustee or of a trustee company, regulated services that his or her employer is entitled to provide to the public.