To apply to practise on your own account as a barrister and solicitor you must:
- ensure you meet the criteria
- fill in the application form
- pay the application fee of $250 (incl GST)
- request referee reports from your referees
- send completed form and payment to your nearest Law Society branch office.
The process does take some time, so your application should be lodged as soon as you have an intended commencement date. If your application is urgent please specify this at the beginning so that we can let you know the likely time frame.
If you do not meet the “required minimum amount of recent legal experience” in New Zealand criterion in regulation 12(3) of the Practice Rules, you may apply to be considered under regulation 12A of the Practice Rules – special circumstances.
Lawyers who have taken a break from practising law in New Zealand to practise in an overseas jurisdiction or to have parental leave may apply under special circumstances. Each application is considered on its merits.
Applications for approval under regulation 12A of the Practice Rules will be referred to the Practice Approval Committee (PAC) for a decision. Therefore please allow more time for these applications.
Advertising of name
Your name will be advertised on the Law Society website, requesting comments regarding your suitability to practise on your own account.
When your application is complete and the specified time has lapsed for requesting comments regarding your suitability, an interviewed with a local Law Society branch representative panel will be organised for you.
The interview may cover such topics as running a practice, financial regulations, and the rules of conduct and client care. Interviews last approximately one hour.
Please contact a member of Law Society staff if you would like further information on what source material you may wish to look at in preparation for your interview.
After processing your application, the branch will make a recommendation to the national office in each case. A recommendation from the interviewers will accompany your application.
Final approval, in most cases, is granted administratively by the Law Society.
Practice Approval Committee
If any issues arise in relation to your application or it is not straightforward it will be referred to a Practice Approval Committee (PAC). If referred to PAC, that Committee may make its own further enquiries. You will be advised if your application is referred to the PAC and the Secretary of that Committee will advise you of the process.
Matters that may require a referral to the PAC include the following:
- lack of adequate references in the area of law in which you intend to practise
- all applications made under "special circumstances" (lack of required length of recent legal experience in New Zealand)
- an unsatisfactory interview
- a significant complaints/disciplinary history
- significant health issues
If your application is declined, you may apply to the High Court for leave to practise on own account.
Applications for approval under Reg 12A of the LCA (Lawyers: Practice Rules) (Practice on Own Account) Amendment Regulations 2012 (legal experience) will be referred to the PAC for a decision. Therefore, please allow more time for these applications.
If you would like further information about the PAC and its processes, please feel free to contact the Secretary, PAC via firstname.lastname@example.org.
Last updated on the 16th November 2017