Regulations
The Lawyers and Conveyancers Act 2006 received the Royal Assent on 20 March 2006. It can be accessed on the government's legislation website, www.legislation.govt.nz, along with the regulations under the Act.
The LCA came into force on 1 August 2008.
Practice Rules
Lawyers and Conveyancers Act (Lawyers: Practice Rules) Regulations 2008
Made under ss94 and 108 of the LCA, these regulations relate to the issue of practising certificates, the register of lawyers, and lawyers’ obligations in respect of those. They also include provisions about approval for practice on own account, and about information that incorporated firms are required to provide to the NZLS, along with transitional provisions.
Trust Account
Lawyers and Conveyancers Act (Trust Account) Regulations 2008
These regulations, made under s115 of the LCA, apply to both lawyers’ and conveyancers’ trust accounts. They relate to the management of trust accounts, training, the inspectorate and the financial assurance scheme. They are broadly similar to, and replace, the Solicitors’ Trust Account Regulations 1998 and the Solicitors’ Trust Account Rules 1996.
Fidelity Fund
Lawyers and Conveyancers Act (Lawyers: Fidelity Fund) Regulations 2008
These regulations, made under s108 of the LCA, establish the new Lawyers’ Fidelity Fund. Among other things, they set the maximum amount payable to an individual claimant at $100,000, the minimum size at which the fund is to maintained in any financial year, and the process for dealing with claims. The form for making claims, and the form of declaration in support of claim are set in schedules to the regulations.
Complaints Service and Standards Committees
Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008
These regulations, made under ss94, 108 and 122 of the LCA, establish the Lawyers Complaints Service and provide for the publication of information about it. Among other things, they set the process for making complaints, provide for the establishment and operation of Standards Committees, and the appointment of their members and convenors.
Legal Complaints Review Officer
Lawyers and Conveyancers Act (Legal Complaints Review Officer) Form and Fee Regulations 2008
These regulations are made under ss198 and 339(a) and (g) of the LCA. They set the form to be used for applications to the Legal Complaints Review Officer (LCRO), and the fee payable for applications for review ($30 GST inc).
Disciplinary Tribunal
Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008
These regulations, made under s339 of the LCA, provide for hearing charges and applications for interim suspension, for application for consent to employ and for sundry matters such as adjournments, evidence, method of service, filing and production of documents and exhibits, and records of proceedings.
Senior Counsel and Queen’s Counsel
Lawyers and Conveyancers Act (Lawyers: Senior Counsel and Queen’s Counsel) Regulations 2008
These regulations, made under s119 of the LCA, prescribe the process by which candidates may be recommended for appointment as Senior Counsel, the application fees payable, the privileges and duties of Queen’s Counsel and Senior Counsel, and the conditions of appointment and practice.
Admission
Lawyers and Conveyancers (Lawyers: Admission) Rules 2008
These rules are made under s54 of the LCA and s51C of the Judicature Act, and replace The Law Practitioners Admission Rules 1987. They are in the form of regulations. They set the process for applying to the High Court for admission as a barrister and solicitor. The relevant forms are set in schedules to the rules.
Income sharing
Lawyers and Conveyancers Act (Lawyers: Income Sharing With Patent Attorneys) Regulations 2008
These regulations, made under ss94 and 108 of the LCA, set out the circumstances in which lawyers and patent attorneys may share income. They prescribe the transitional requirements, as well as procedures for for giving notice to the NZLS and information to clients and potential clients.