Lawyers and Conveyancers Act 2006

Miscellaneous provisions - Transitional provisions relating to dissolution of District Law Societies

379: Records relating to regulatory activities

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"What happens to law society records when it closes down"

Illustration for Lawyers and Conveyancers Act 2006

When a District Law Society is dissolved, you need to know what happens to its records. The District Law Society must give all its records about regulatory activities to the New Zealand Law Society before it is dissolved. These records are about things like admitting lawyers, issuing practising certificates, and disciplining lawyers. You should understand that these records can be in any form, such as writings, recordings, or photographs. The New Zealand Law Society will own these records once they are transferred. If the records are not transferred before the District Law Society is dissolved, they will become the property of the New Zealand Law Society after six months. The records that must be transferred include things like documents about lawyers being admitted or removed from the roll, and documents about practising certificates being issued or withheld. They also include records about the payment of practising fees, and the commission of offences against the Law Practitioners Act 1982. The New Zealand Law Society will take over the ownership of these records, and they will be used to regulate the legal profession.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367886.

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Part 11Miscellaneous provisions
Transitional provisions relating to dissolution of District Law Societies

379Records relating to regulatory activities

  1. Every District Law Society to which section 372 applies must, before it is dissolved by section 372(b), transfer to the New Zealand Law Society all records that are held by the District Law Society and relate to the regulatory activities of the District Law Society under the Law Practitioners Act 1982 or any corresponding former Act, including, in particular, all documents relating to—

  2. the admission and enrolment of barristers and solicitors:
    1. the striking off the roll, or the restoration to the roll, of the names of practitioners:
      1. the removal of the name of any practitioner from the roll of barristers and solicitors:
        1. the issue and currency of practising certificates as barristers, or as barristers and solicitors:
          1. the withholding of practising certificates as barristers, or as barristers and solicitors:
            1. the suspension from practice of practitioners practising within the District Law Society's district:
              1. the payment of practising fees:
                1. the commission of offences against the Law Practitioners Act 1982 or any corresponding former Act:
                  1. the exercise under sections 70 to 78 of the Law Practitioners Act 1982, or the corresponding provisions of any former Act, of the powers of the Council of the District Law Society:
                    1. the operation of Part 5 of the Law Practitioners Act 1982 (which relates to intervention in solicitor's practice) or the corresponding provisions of any former Act:
                      1. the operation of Part 6 of the Law Practitioners Act 1982 (which relates to solicitors' trust accounts), or the corresponding provisions of any former Act:
                        1. the operation of Part 7 of the Law Practitioners Act 1982 (which relates to discipline within the legal profession) or the corresponding provisions of any former Act:
                          1. the operation of Part 8 of the Law Practitioners Act 1982 (which relates to practitioners' costs) or the corresponding provisions of any former Act:
                            1. the operation of Part 9 of the Law Practitioners Act 1982 (which relates to the Solicitors' Fidelity Guarantee Fund).
                              1. Where any records of the kind referred to in subsection (1) are the property of a District Law Society, those records become the property of the New Zealand Law Society as from—

                              2. the date on which they are transferred to the New Zealand Law Society pursuant to subsection (1); or
                                1. if they are not transferred to the New Zealand Law Society before the dissolution of the District Law Society, as from the close of the period of 6 months beginning with the date of the commencement of section 372.
                                  1. In this section, document means a document in any form, whether signed or initialled or otherwise authenticated by its maker or not, and includes—

                                  2. any writing on any material:
                                    1. any information recorded or stored by means of any tape-recorder, computer, or other device, and any material subsequently derived from information so recorded or stored:
                                      1. any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
                                        1. any book, map, plan, graph, or drawing:
                                          1. any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced.