Lawyers and Conveyancers Act 2006

Conduct of practice by practitioners - Barristers and King’s Counsel

118B: Restrictions on practice of specified category of lawyers who hold rank

You could also call this:

"Rules for King's Counsel lawyers to follow"

Illustration for Lawyers and Conveyancers Act 2006

If you are a King's Counsel, you have some rules to follow. You must not work as a barrister and solicitor, or in partnership with another lawyer, if you were in a certain category when you got the King's Counsel rank, as mentioned in section 118A(1). You also have rules about working for an incorporated law firm or being an employee who provides certain services. You can still be a statutory officer even if you are a King's Counsel. If you break these rules, you will be treated as if you gave up being a King's Counsel at the time you broke the rules, and this is subject to sections 118C(5) and 118D(4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925002.

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118A: Eligibility for appointment, or

"Who can be chosen as a King's Counsel"


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118C: Queen's Counsel appointed before 1 August 2008, or

"Lawyers called Queen's Counsel before 1 August 2008 have special rules"

Part 6Conduct of practice by practitioners
Barristers and King’s Counsel

118BRestrictions on practice of specified category of lawyers who hold rank

  1. A person who holds the rank of King’s Counsel, and who when appointed to that rank was in the category in section 118A(1),—

  2. must not practise, or in the course of his or her practice provide regulated services, as a barrister and solicitor, or in partnership with any other lawyer; and
    1. must not be actively involved in the provision by an incorporated law firm (other than one in which he or she is the only voting shareholder) of regulated services; and
      1. must not be an employee (other than an employee of an incorporated law firm in which he or she is the only voting shareholder) who, in the course of his or her employment, provides regulated services; but
        1. is not precluded, by reason only of the fact that he or she holds that rank, from being a statutory officer.
          1. Subsection (1) is subject to sections 118C(5) and 118D(4), but overrides other provisions of this Act.

          2. A person who is subject to, and who contravenes, subsection (1) must be treated as having surrendered at the time of the contravention the rank of King’s Counsel.

          Notes
          • Section 118B: inserted, on , by section 6 of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).