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Lawyers and Conveyancers Act 2006
Miscellaneous provisions
Amendments to Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002
346: Interpretation

Part 1:
Preliminary provisions

3Purposes 4Fundamental obligations of lawyers 5Fundamental obligations of conveyancing practitioners 6Interpretation 7Misconduct defined in relation to lawyer and incorporated law firm 8Misconduct defined in relation to conveyancing practitioner and incorporated conveyancing firm 9Misconduct defined in relation to provision of regulated services by employees 10Exceptions to section 9 11Misconduct defined in relation to employees who are not practitioners 12Unsatisfactory conduct defined in relation to lawyers and incorporated law firms 13Unsatisfactory conduct defined in relation to conveyancing practitioners and incorporated conveyancing firms 14Unsatisfactory conduct defined in relation to employees who are not practitioners 15Directors and shareholders of incorporated firms 16Shareholders of incorporated firms 17Liabilities of director or shareholder of incorporated firm 18Liability of lawyer principals in respect of pecuniary loss by reason of theft 19Liability of conveyancing practitioner principals in respect of pecuniary loss by reason of theft 20Act to bind the Crown

Part 2:
Restrictions on provision of legal services and conveyancing services

Appointment of agent to conduct sole practice or act as board of incorporated firm

44Practitioners to whom Schedule 1 applies 45Offences

Penalty

46Penalty

Provisions not affected

47Provisions not affected

Part 3:
Admission and enrolment of barristers and solicitors

Admission of barristers and solicitors

48Admission as barrister and solicitor 49Qualifications 50Evidence of qualifications 51Evidence of suitability 52Admission 53Reciprocal admission 54Rules of court as to admission 55Fit and proper person

Roll of barristers and solicitors

56Registrar to keep roll of barristers and solicitors 57Enrolment 58Striking off and restoration of names by order of Disciplinary Tribunal or High Court 59Removal from roll if deemed registration ceases in some circumstances 60Voluntary removal of name from roll, and restoration 61Supply of information 62Admission and restoration fees

Part 4:
New Zealand Law Society

63Continuation of New Zealand Law Society 64Membership

Functions

65Regulatory functions 66Representative functions

Powers

67Regulatory powers 68Representative powers 69Power to borrow 70Constitution of New Zealand Law Society 71Registration of constitution and amendments to constitution 72Application of Legislation Act 2019 to constitution of New Zealand Law Society 73Practising fees 74Levies 75Subscriptions 76Annual report

Part 5:
New Zealand Society of Conveyancers

77Establishment of New Zealand Society of Conveyancers 78Membership

Functions

79Regulatory functions 80Representative functions

Powers

81Regulatory powers 82Rules for registration of conveyancers 83Fit and proper person 84Rules relating to education 85Representative powers 86Power to borrow 87Constitution of New Zealand Society of Conveyancers 88Registration of constitution and amendments to constitution 89Application of Legislation Act 2019 to constitution of New Zealand Society of Conveyancers 90Practising fees 91Levies 92Subscriptions 93Annual report

Part 6:
Conduct of practice by practitioners

Practice rules and regulations

94Practice rules 95Code of professional conduct and client care 96Practice rules in relation to nominee companies 97Certain practice rules in relation to lawyers 98Certain practice rules in relation to conveyancing practitioners 99Indemnity rules 100Consultation in relation to rules 101Criteria in relation to approval of practice rules by Minister 102Registration of practice rules 103Amendment of rules 104Power of Minister to amend rules 105Registration of amendments to rules 106Application of Legislation Act 2012 to rules 107Effect of practice rules 108Regulations in relation to practitioners

Investigations

109Investigation of affairs of practices

Trust accounts

110Obligation to pay money received into trust account at bank 111Obligation to account for trust money and valuable property 112Obligation to keep records in respect of trust accounts and valuable property 113Protection of money received 114Duty of practitioners to ensure that funds earn interest 115Regulations relating to trust accounts 116Provisions relating to regulations relating to trust accounts

Barristers and King’s Counsel

117Status of barristers 118Office or rank of Queen's Counsel 118AEligibility for appointment 118BRestrictions on practice of specified category of lawyers who hold rank 118CQueen's Counsel appointed before 1 August 2008 118DSenior Counsel appointed after 31 July 2008 and before 3 December 2012 119Regulations relating to King’s Counsel 119AOther ways of ceasing to hold rank 119BStyle of rank if Sovereign for time being is King 119CRoyal prerogative power to appoint unaffected

Part 7:
Complaints and discipline

120Purposes

Complaints service

121Obligation to establish complaints service 122Rules 123Administration of complaints service 124Functions of New Zealand Law Society in relation to complaints service 125Functions of New Zealand Society of Conveyancers in relation to complaints service

Standards Committees

126Lawyers Standards Committees 127Conveyancing Practitioners Standards Committees 128Notice to Minister 129Membership of Standards Committees 130Functions of Standards Committees 131Rules relating to Standards Committees

Complaints

132Complaints about practitioners, incorporated firms, and their employees 133Complaint of failure to comply with order or final determination 134Complaint to be in writing 135Appropriate complaints service 136Complaint by Law Society or Society of Conveyancers 137Action on receipt of complaint 138Decision to take no action on complaint 139Notice of decision 140Inquiry by Standards Committee 141Notice to person to whom complaint or inquiry relates 142Procedure of Standards Committee 143Negotiation, conciliation, and mediation 144Power to appoint investigators 145Instrument of appointment 146Investigations by investigators 147Powers of investigation 148Report to Standards Committee 149Disclosure of report 150Discretion in relation to contents of report 151Evidence 152Power of Standards Committee to determine complaint or matter 153Hearings on the papers 154Reference of complaint or matter to Disciplinary Tribunal 155Application for suspension of practitioner 156Power of Standards Committee to make orders 157Further power to make order for payment of costs 158Notice of determination 159Power to notify Registrar-General of Land 160Complaints by beneficiaries in relation to costs 161Stay of proceedings for recovery of costs

Intervention in practice

162Purpose 163Circumstances justifying intervention 164Intervention in relation to regulated trust accounts 165Administration of funds obtained from regulated trust accounts 166Claims in respect of money paid to Standards Committee 167Power of Standards Committee to repay money 168Directions relating to Fidelity Scheme 169Power to take possession of money, property, records, and documents 170Power in relation to postal articles and email communications 171Offences 172Warrant to search premises 173Warrant to inspect bank accounts 174Obligation to produce warrant 175Notice of execution of warrant 176Powers and duties of Standards Committee in relation to documents and records 177Notification to clients of practitioner or former practitioner 178Power to notify Registrar-General of Land 179Notification of practitioner or former practitioner, partner, employer, or director 180Application to High Court by practitioner, former practitioner, related person or entity, partner, employer, or director 181Recovery of expenses of Standards Committee 182Application of money in satisfaction of expenses

General provisions in relation to Standards Committees

183Power to appoint committees 184Delegation of functions and powers 185Members, investigators, etc, not personally liable 186Protection and privileges of witnesses 187Privileges and immunities of counsel 188Disclosure of information 189Enforcement of orders

Legal Complaints Review Officer

190Legal Complaints Review Officer 191Criteria for appointment 192Functions of Legal Complaints Review Officer 192AOrderly and efficient operation 193Right of review 194Applicants in relation to complaints 195Applicants in relation to inquiries 196Applicants in relation to power to intervene 197Applicants in other cases 198Applications for review 199Obligation to conduct review 200Avoidance of unnecessary formality 201Postponement for consideration of negotiation, conciliation, or mediation

Powers of Legal Complaints Review Officer

202General powers 203Scope of review of final determination 204Power to obtain information 205Legal Complaints Review Officer may strike out, determine, or adjourn application for review

Procedure

206Proceedings of Legal Complaints Review Officer 206ASuppression orders 207Evidence 208Disclosure of evidence and information to parties 209Power to direct reconsideration of complaints, matters, or decisions 210Order for payment of costs 211Powers exercisable on review 212Laying of charge with Disciplinary Tribunal 213Obligation to report outcomes and recommendations 214Adverse comment 215Enforcement of orders for payment of money

Practice notes, procedural information, and publication of decisions

215APractice notes 215BOnline publication of information about procedures, time frames, and progress of decisions

Cost recovery

216Purpose 217Levy 218Legal Complaints Review Officer Trust Account 219Special circumstances levy 220Payment of levies 221Recovery of levy

Annual reports

222Reports in relation to cost recovery 223Annual report 224Contents of annual report 225Further provisions relating to Legal Complaints Review Officer

New Zealand Lawyers and Conveyancers Disciplinary Tribunal

226New Zealand Lawyers and Conveyancers Disciplinary Tribunal 227Functions of Disciplinary Tribunal 228Membership of Disciplinary Tribunal 229Disciplinary Tribunal may sit in divisions 230Appointment of chairperson and deputy chairperson 231Responsibilities of chairperson 232Deputy chairperson and acting deputy chairperson 233Appointment of other members 233AAppointment of temporary acting member 234Constitution for proceedings 235Quorum

Procedure

236Rules of natural justice 237Representation before Disciplinary Tribunal 238Hearings to be in public 238AHearing on papers 239Evidence 239AOnline publication of information about procedures, time frames, and progress of decisions 239BOnline publication of final written decisions 240Restrictions on publication 240ADisciplinary Tribunal may strike out, determine, or adjourn proceeding 241Charges that may be brought before Disciplinary Tribunal 242Orders that may be made where charge proved 243Power to refer bill of costs to Standards Committee 244Making of order for striking off roll, cancellation of registration, or suspension from practice 245Interim suspension from practice 246Restoration of name to roll or register 247Revocation of order in respect of employee 248Consent to employ 249Order for payment of costs 249APractice notes 250Rules of procedure 251Contempt of Disciplinary Tribunal 252Power of Disciplinary Tribunal to determine procedure

Appeals

253Appeal against order or decision of Disciplinary Tribunal 254Appeal to Court of Appeal on question of law 255Order for striking off, cancellation of registration, restoration, or suspension to be filed in High Court

Miscellaneous provisions

256Notice of order for striking off, cancellation of registration, restoration, or suspension to be published in Gazette 257Reimbursement of costs of hearing 258Enforcement of orders of Disciplinary Tribunal 259Annual report 260Further provisions relating to Disciplinary Tribunal

Offences

261Failure to comply with summons 262Obstruction 262AOffence of breaching suppression order 263Publication 264Liability of principal for acts of agent, etc 265Time for filing charging document

Jurisdiction of High Court and Court of Appeal

266Lawyer's name may be struck off on application to High Court 267High Court may dismiss application, or reserve case for Court of Appeal 268Inherent jurisdiction of High Court 269Notice of order for striking off or suspension to be published in Gazette 270Jurisdiction of High Court not limited

General provisions

271Legal professional privilege 272Protection of New Zealand Law Society and New Zealand Society of Conveyancers and other persons

Part 8:
New Zealand Council of Legal Education

273Continuation and renaming of Council 274Functions 275Powers 276Consultation with New Zealand Law Society 277Levies 278Power of Council to make regulations 279Power of Council to make rules 280Power to appoint committees 281Institute of Professional Legal Studies 282Membership 283Term of office 284Extraordinary vacancies 285Proceedings not affected by vacancies 286Chairperson 287Further provisions applying to Council 288Annual report

Part 9:
Lawyers and Conveyancers Special Fund

289Lawyers and Conveyancers Special Fund 290Money payable into Fund 291Separate bank account 292Management Committee 293Membership of Management Committee 294Meetings of Management Committee 295Bank accounts 296Investment of money 297Audit of accounts 298Distribution of Special Fund 299Nominated trust accounts 300Money required to be held in nominated trust account 301Interest to be payable on nominated trust account 302Banks to pay interest on nominated trust accounts to Special Fund 303Practitioners, incorporated firms, and banks not liable to account to client for interest payable on nominated trust account

Part 10:
Fidelity Funds

304Purpose 305Interpretation 306Claim event 307Lawyers to whom, and incorporated law firms to which, this Part applies 308Conveyancing practitioners to whom, and incorporated conveyancing firms to which, this Part applies 309Lawyers' Fidelity Fund 310Conveyancing Practitioners' Fidelity Fund 311Rules 312Contributions to Lawyers' Fidelity Fund 313Contributions to Conveyancing Practitioners' Fidelity Fund 314Power of New Zealand Law Society to impose extraordinary levy 315Power of New Zealand Society of Conveyancers to impose extraordinary levy 316Contributions and levies 317Election not to receive money or other valuable property in trust 318Making, expiration, and revocation of election under section 317 319Offence 320Application of Lawyers' Fidelity Fund 321Application of Conveyancing Practitioners' Fidelity Fund 322No compensation in respect of money instructed to be invested 323Advances from fidelity fund for purposes of this Part 324Claims against fidelity fund 325Defences to claims against fund 326Rights of subrogation 327Money recovered by claimants to be held in trust if rights of subrogation apply 328Provisions applicable if fund insufficient to satisfy claims 329Power to rule off fund 330Consequences of rule off 331Regulatory society may enter into contracts of insurance 332Application of insurance money

Part 11:
Miscellaneous provisions

Conditional fee agreements

333Definitions 334Conditional fee agreements 335Exclusions 336Practice rules in relation to conditional fee agreements

Unclaimed money in trust account

337Unclaimed money in trust account

Protection of Councils of New Zealand Law Society and New Zealand Society of Conveyancers and other persons

338Councils and members, etc, not personally liable

Regulations

339Regulations

Amendments to Real Estate Agents Act 1976

340Meaning of real estate agent 341Repeal

Amendments to Land Transfer Act 1952

342Interpretation 343Correctness of instrument to be certified 344Who may give certification 345Recovery of compensation paid and costs in case of fraud

Amendments to Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

346Interpretation 347Power to make electronic lodgement compulsory

Amendments to other enactments

348Amendments to other enactments

Repeals

349Repeals

Transitional provisions in respect of complaints and disciplinary proceedings

350Prohibition on complaints and investigations under Law Practitioners Act 1982 351Complaints about conduct before commencement of section 352Penalty 353Continuation of disciplinary proceedings and certain other proceedings 354Continuation of Lay Observers 355Exercise by Legal Complaints Review Officer of role of Lay Observer 356Exercise by Lawyers Standards Committee of role of complaints committee 357Exercise by Lawyers Standards Committee of role of District Disciplinary Tribunal 358Exercise by New Zealand Lawyers and Conveyancers Disciplinary Tribunal of role of New Zealand Law Practitioners Disciplinary Tribunal 359Appeal from decision of District Disciplinary Tribunal or Lawyers Standards Committee exercising powers of District Disciplinary Tribunal 360Appeal from decision of New Zealand Law Practitioners Disciplinary Tribunal or New Zealand Lawyers and Conveyancers Disciplinary Tribunal 361Revision of practitioner's bill of costs

Transitional provision relating to Law Society inspectorate

362Law Society inspectorate

Transitional provisions relating to Solicitors' Fidelity Guarantee Fund

363Continuation of Part 9 of Law Practitioners Act 1982 364Money payable into Solicitors' Fidelity Guarantee Fund 365Claims in relation to Solicitors' Fidelity Guarantee Fund 366Public notice of last day for making claims 367Winding up of Solicitors' Fidelity Guarantee Fund 368Completion of determination of claim 369Application of Solicitors' Fidelity Guarantee Fund on winding up 370Repeal of provisions relating to Solicitors' Fidelity Guarantee Fund

Transitional provisions relating to barristers and solicitors

371Persons deemed to have been admitted as barristers and solicitors

Transitional provisions relating to dissolution of District Law Societies

372Continuation and dissolution of District Law Societies 373Assets and liabilities of District Law Societies 374Power to transfer assets of District Law Society library 375Power of incorporated society to provide law library 376Power to contribute to funding of law libraries 377Members to have no right to property on dissolution of incorporated society 378Consequential provisions in relation to assets, money, and property 379Records relating to regulatory activities 380Administration of solicitor's trust account 381Solicitor's records and documents 382Certain matters not affected by transfer of assets and liabilities 383Employees 384Final accounts of District Law Societies 385References to President of District Law Society

Transitional provisions relating to New Zealand Law Society

386Members of New Zealand Law Society 387Officers of New Zealand Law Society

Transitional provisions relating to landbrokers

388Rights of landbrokers 389Repeal

Transitional provision relating to New Zealand Society of Conveyancers

390Exercise of regulatory functions of New Zealand Society of Conveyancers

Transitional provisions relating to Disciplinary Tribunal

391Appointment of members of Disciplinary Tribunal 392Quorum 393Power to alter period

Schedule 1:
Provisions requiring appointment of agent to conduct sole practice or act as board of incorporated firm

Schedule 2:
Provisions applying in relation to investigations under section 109

Schedule 3:
Provisions applying in relation to Legal Complaints Review Officer

Schedule 4:
Provisions applying in relation to Disciplinary Tribunal

Schedule 5:
Provisions applying in relation to New Zealand Council of Legal Education

Schedule 6:
Enactments amended

Schedule 7:
Enactments repealed

Summary of changes

Lawyers and Conveyancers Act 2006

Miscellaneous provisions - Amendments to Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

346: Interpretation

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345: Recovery of compensation paid and costs in case of fraud, or

"Getting back money if someone cheats"

347: Power to make electronic lodgement compulsory, or

"Lawyers must use computers to lodge documents"

Part 11Miscellaneous provisions
Amendments to Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002

346Interpretation

Amendment(s) incorporated in the Act(s).