Lawyers and Conveyancers Act 2006

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

381: Solicitor's records and documents

You could also call this:

"What happens to a solicitor's records when a law group closes down"

Illustration for Lawyers and Conveyancers Act 2006

You need to know what happens to a solicitor's records and documents when a District Law Society is dissolved. If a District Law Society has records, documents, or postal articles, it must transfer them to the New Zealand Law Society before it is dissolved. The New Zealand Law Society will hold these records on the same basis as the District Law Society held them, and certain rules from the Law Practitioners Act 1982 will still apply, including section 83 and section 84. You can find more information about this in section 372. The District Law Society got these records because of its powers under section 83 of the Law Practitioners Act 1982. The New Zealand Law Society will look after the records, documents, and postal articles according to the rules. This means the New Zealand Law Society will follow the same rules that the District Law Society followed when it had the records.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367889.

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380: Administration of solicitor's trust account, or

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"Transferring assets and liabilities does not cancel contracts or rules you must follow."

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

381Solicitor's records and documents

  1. If a District Law Society to which section 372 applies has in its possession, on the commencement of that section, any records, documents, or postal articles that have come into its possession through the exercise of its powers under section 83 of the Law Practitioners Act 1982, or if a District Law Society, to which section 372 applies, takes possession, after the commencement of that section, of any records, documents, or postal articles in the exercise of its powers under section 83 of the Law Practitioners Act 1982, that District Law Society, before it is dissolved under section 372(b), must, subject to subsections (5) and (6) of section 83 of the Law Practitioners Act 1982 and to any order of the High Court, transfer all of those records, documents, and postal articles to the New Zealand Law Society.

  2. Any records, documents, or postal articles transferred to the New Zealand Law Society under subsection (1) are to be held by that Society on the same basis as they were held by the District Law Society, and sections 83 and 84 of the Law Practitioners Act 1982 are to continue to apply with all necessary modifications to any such records, documents, or postal articles.