Lawyers and Conveyancers Act 2006

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

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

You could also call this:

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

Illustration for Lawyers and Conveyancers Act 2006

You are a Queen's Counsel if you got this title before 1 August 2008. If you used the words Senior Counsel after 31 July 2008, you can keep using them or use King’s Counsel instead. Your rank is not affected by some other laws. You have the same rights as other Queen's Counsels appointed after 2 December 2012. Some laws and rules apply to you in the same way as they apply to other Queen's Counsels. But some laws do not apply to you if you worked in certain ways before 1 April 2010. These rules apply to you whether or not you use the words Senior Counsel. You can choose to use King’s Counsel or Senior Counsel, it is up to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925003.

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

"Rules for King's Counsel lawyers to follow"


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118D: Senior Counsel appointed after 31 July 2008 and before 3 December 2012, or

"Lawyers called Senior Counsel appointed between 2008 and 2012"

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

118CQueen's Counsel appointed before 1 August 2008

  1. This section applies to a person who at the close of 31 July 2008 held, and at the close of 2 December 2012 continued to hold, the rank of Queen's Counsel for New Zealand.

  2. If, after 31 July 2008 and under section 118(5) (as repealed by section 6 of the Lawyers and Conveyancers Amendment Act 2012), the person used, in relation to himself or herself, the words Senior Counsel and the abbreviation SC, then after 2 December 2012 he or she—

  3. may continue to use, in relation to himself or herself, those words and that abbreviation; or
    1. may use instead, in relation to himself or herself, the words King’s Counsel and the abbreviation KC.
      1. The precedence to which the person is entitled is not affected by sections 118 to 119C (as substituted by section 6 of the Lawyers and Conveyancers Amendment Act 2012).

      2. The following apply to the person in the same way as they apply to a Queen's Counsel appointed to that rank after 2 December 2012:

      3. sections 118B, 119A, and 119B (as so substituted):
        1. any regulations made under section 119(1)(c) and (e) to (g) (as so substituted).
          1. Despite subsection (4)(a), section 118B (as so substituted) does not apply, but section 118D(4) (as so substituted) does apply, to the person if after his or her appointment as a Queen's Counsel and before or on 1 April 2010 and under section 118(2)(b) of this Act (as repealed by section 6 of the Lawyers and Conveyancers Amendment Act 2012) or not inconsistently with an enactment in or under an earlier Act that corresponds to this Act he or she—

          2. practised, or in the course of his or her practice provided regulated services, as a barrister and solicitor, or in partnership with any other lawyer; or
            1. was 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; or
              1. was 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, provided regulated services; or
                1. was a statutory officer.
                  1. Subsections (3), (4), and (5) apply to the person whether or not after 2 December 2012 and under subsection (2) he or she uses, in relation to himself or herself, the words Senior Counsel and the abbreviation SC.

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