Practising certificates

Practising certificates are issued by the New Zealand Law Society (NZLS) for the year 1 July to 30 June.

It is an offence for someone without a current practising certificate to describe himself or herself as a lawyer.

A lawyers can hold a practising certificate as either:

Lawyers should ensure they are aware of the rules governing their particular mode of practice.

Eligibility

You are eligible to hold a practising certificate if:

  • your name is on the roll
  • you are a fit and proper person to hold a practising certificate (refer ss41(2)(a) and 55 LCA)
  • you have paid the required fees (fees to 30 June 2012 have been set)
  • you do not hold or have applied to hold, a practising certificate as a conveyancing practitioner
  • you meet the criteria for eligibility as set out in Regulation 4 of the LCA (Lawyers: Practice Rules) Regulations 2008.

Application

An application for a practising certificate must:

Applications and related documentation will only be accepted if dated within 3 months of the date the practising certificate is required.

On receipt of an application, the NZLS must consider whether there are grounds for declining or refusing to issue a practising certificate. To do this, the NZLS may ask you for further information and make whatever inquiries it considers relevant.

If you have been admitted in New Zealand recently as a barrister and solicitor, the NZLS should be able to issue you with a practising certificate within a week of your application.

The processing may take two to three weeks if you have not held a practising certificate since admission or if some time has lapsed between your application to the NZLS and the expiry of your last practising certificate.

Your application may be referred to the NZLS Fitness for Practice Committee if:

  • the NZLS is aware of concerns about you; or
  • you have disclosed information that may reflect on your eligibility to hold a practising certificate.

If this is the case it may take longer to process your application.

Declining an application

The process may also be delayed if you have not provided all the information needed to process your application.

The NZLS may decline or refuse to issue a practising certificate if it believes there may be reasonable grounds for doing so. If that is the case, the NZLS will:

  • notify you of its reasons for declining or refusing
  • specify a reasonable time for you to respond
  • consider your response
  • either issue or decline to issue a practicing certificate.

If you have been refused a practising certificate by the NZLS, you will have a right of appeal to the Disciplinary Tribunal.

You can contact the NZLS Registry, on 0800 22 30 30 or email registry@lawsociety.org.nz.

Renewals

You must renew your practising certificate annually. In May each year the NZLS will send you a renewal form, whether you are in New Zealand or overseas, if it holds a current address for you. You can renew your practising certificate by completing the declaration on the renewal form and returning it with the fee. Or you can complete the process online using your user ID and password.

The NZLS Registry is required to advise the Legal Services Agency, Land Information New Zealand (LINZ), the courts and the profession of the names of lawyers known to have been in private practice and offering services directly to the public but who had not renewed their certificates by the due date, nor advised the Society that they were ceasing practice.

The latter group is of concern if they continue to practise without a valid certificate. If these people subsequently apply for and are issued with a practising certificate, their names are restored to the public register, though the certificate is then effective only from the date of renewal and not from the date at which their previous certificate expired.

Practising fees

If you are renewing your practising certificate, you are required to pay the fees due for the full year (fees to 30 June 2012). If you apply for a practising certificate during the year, fees will be calculated on a daily basis and the NZLS will charge you from the date you are issued with a practising certificate (prorated fees). You can pay by credit card or cheque.

Fees rebate

If you are a part-time practitioner in private practice you may be eligible for a rebate on your practising fee. The rebate applies in arrears, and lawyers may apply for a rebate from 1 July 2011 of the practising fee paid for the period 1 July 2010 to 30 June 2011.

To qualify for the rebate, you must show that:

  • your gross income (income before expenditure) from fees for the tax year ended 31 March 2010 was less than $30,000; and
  • this was your main source of income; and
  • you worked, on average, fewer than 20 hours a week in that period.

The refund will be 50% of the general practising fee and does not include levies for CLE and the Legal Complaints Review Office, the Inspectorate fee or any Fidelity Fund contribution.

Use this form to apply for a rebate on your practising fee.

Making changes

Changing the type of practising certificate

Please complete the application form and mail it to the NZLS with your current practising certificate.

Notifying changes

  • Use this form to notify the Law Society of any changes to your practice or contact details.
  • Use this form to notify the Law Society when you change your name.

If you are changing employers...

When you transfer from one practice or organisation to another, any refund of the practising fee is a matter between you and your former employer.

If your practising fee was paid by your employer, and you are transferring from one employer to another, or you want to retain a current practising certificate, you should discuss with your original employer any refund that might be due.

You are responsible for ensuring you hold a current practising certificate, so the arrangements for payment and any refund due is between you and your employing firm.

If you no longer require a practising certificate...

To get a refund from the NZLS, you must return your current practising certificate, along with a letter confirming you are ceasing practice and advising to whom any refund should be made. The refund is pro-rated on the basis of the number of days remaining in the practising year.

The arrangements for payment and any refund due are matters between you and your employing firm.

For an indication of the refund due at any particular time please contact Registry at registry@lawsociety.org.nz or tel 0800 22 30 30.

If you cease to hold a practising certificate, your name will no longer appear on the NZLS Register of Lawyers.

Practise on own account

Barrister and solicitor

If you wish to practise on own account, as a barrister and solicitor, with or without a trust account, please refer to the information on practice on own account.

Barrister

If you wish to apply for a practising certificate as a barrister and you intend to practise on your own account (that is, not as an employee of another barrister), you will need to meet new criteria, check the information on Starting practice as a barrister.

© New Zealand Law Society 2008