Certificates of Character
Under the Lawyers and Conveyancers Act 2006 and the LCA (Lawyers: Admission) Rules 2008, if you are seeking admission as a barrister and solicitor of the High Court under s49(2) or (3), you must apply to the NZLS for a certificate of character. This will certify whether you are a fit and proper person to be admitted as a barrister and solicitor.
Candidates may apply to a Law Society branch of their choice. A certificate of character can be used to seek admission in any High Court during its period of validity.
Generally you should start the process three months ahead of the date of the proposed admission ceremony. If you need to make any disclosures to the Society, you should start the process four months ahead of the proposed admission ceremony. Refer to Part 8 of the application form to see whether this applies to you.
Application
An application for a certificate of character must:
- be on the prescribed form
- include referee reports and all other required documents
- be accompanied by the fee.
Documents listed below must be provided with the application. However all referees, overseas regulatory authorities, the Ministry of Justice etc must provide relevant documents directly to the Society. Documents (except passport details) must be originals. Copies will not be accepted.
Please provide an appropriately sized self-addressed pre-paid A4 courier bag with your application to enable safe return of your original documents. Or check with the branch to see if you can collect your certificate.
Documents you must provide directly to the Society
Passport/birth certificate
A certified copy of the page with your photograph and personal details is required. If you do not have a passport you must provide the original of your birth certificate.
Proof of any name change (if applicable)
Originals of the deed poll/marriage certificate or statutory declaration are required.
Statutory declaration
You must provide a declaration if your name appears differently in different documents or has a different sequence. The declaration should state that you are the person referred to by the various names used in the documents. Check the Society's guidelines on statutory declarations for details.
Resumé
You must provide details of your employment history.
Documents and information other agencies must provide directly to the Society on your behalf
References- Refer to the notes attached to the application form for the required number of references, which will vary according to circumstances.
- Ask your referees to complete the referee report and send this to the NZLS branch where you intend making application.
- Tell your referees the final date for handing references to the branch.
- Only reference forms completed by the referees within the past three months will be considered.
Note: the Society will not accept references provided direct by an applicant.
Certificate/s of standing from an overseas regulatory authority
If you have been admitted and practised overseas you must arrange for the relevant overseas regulatory authorities to forward a current (less than three months) certificate/s of standing directly to the relevant branch office.
Detail of criminal convictions
If you have declared a conviction, you will be required to complete the relevant sections of the Ministry of Justice form Priv/F2 which can also be obtained from any District Court or by writing to the Ministry’s Privacy Unit, PO Box 2750, Wellington. The Society reserves the right to undertake such a search if it deems appropriate to do so. Your referees should be made aware of any convictions.
The partially completed form should be provided to the NZLS branch where you intend making application. Branch staff will complete the third party details and send it to the Ministry with a request that they provide the information directly to the New Zealand Law Society as soon as possible.
Note: the Ministry requires up to four weeks to process applications. You are therefore advised to provide the form along with your application for a certificate of character to the branch at least 16 weeks before the proposed admission ceremony. Check the timeline.
Information from the Official Assignee
If you have ever been adjudged bankrupt you must ask the Official Assignee to provide an original of the bankruptcy notice and a Discharge of Bankruptcy (if applicable) directly to the NZLS branch where you are making application.
Information from the law schools and the professional training institutes
The NZLS branch will make inquiries from the Dean of the law school from which you obtained your law degree, as well as the Director of the professional training institute from which you completed the PLS course.
Payment
The NZLS fee is $189.75 (inc. GST). You are able to pay by credit card or cheque. Cheques should be made out to the New Zealand Law Society.
Advertising your name to the profession
When you apply for a certificate of character, the branch will advertise your name in media at its discretion. Any person wishing to comment on your conduct and fitness may do so directly to the branch within the time specified.
Process
You are responsible for ensuring that all documentation is provided to the relevant branch office in time.
When all the documentation is complete, the branch will process your application and issue you with a certificate of character. You should then file your certificate of character along with the other admission documents in the High Court. Check the Admissions information for details.
If a branch is inclined to refuse to issue a certificate of character, it will refer your application to the national office to be considered by the Fitness for Practice Committee.
If the committee declines to issue you with a certificate, you may still apply for admission to the High Court. However if your application does not include a certificate of character, you must serve a copy of the application on the NZLS (national office) within two days of filing in the High Court – Rule 6, LCA (Lawyers: Admission) Rules 2008. The Society will, within 21 days of receiving the copy of your application, serve on you a notice of opposition stating the grounds on which the application is opposed and include any affidavits in support and as necessary. Your application will be determined by the High Court.