If someone takes the New Zealand Law Society to court about the Lawyers' Fidelity Fund, or the New Zealand Society of Conveyancers to court about the Conveyancing Practitioners' Fidelity Fund, the society can use the same defences that the practitioner or agent who did something wrong could have used. You can think of defences like excuses that might get someone out of trouble. The society that holds the fund can use these defences to help their case in court, as seen in the related legislation https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM63775
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367806.
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In any action brought against the New Zealand Law Society in relation to the Lawyers' Fidelity Fund or against the New Zealand Society of Conveyancers in relation to the Conveyancing Practitioners' Fidelity Fund, all defences that would have been available to the defaulting practitioner or agent are available to the society that holds the fund.
