As of 1 February, the NZLS is the only statutory law society in New Zealand. As provided in the Lawyers and Conveyancers Act 2006, the 130-year-old statutory role of the district law societies ceased on 31 January.
With the exception of Auckland, districts have transferred their assets and liabilities to the NZLS, as agreed in the memorandum of understanding that all districts signed in 2007. Last year, the Auckland District Law Society voted to incorporate as an independent voluntary society, the other option provided for in the LCA. That incorporation also took effect on 1 February.
As required under the Law Society’s constitution, branches now operate in all former districts, including Auckland, within the former boundaries – with the exception of Westland, which is amalgamating with Canterbury and will be served from the Christchurch office.
In Auckland, the New Zealand Law Society has established a branch office in the Gosling Chapman Tower in Shortland Street. That branch houses the 13 NZLS staff (inspectors and complaints service personnel) already based in Auckland.
As per the constitution, the NZLS Board has appointed an initial Auckland Branch Council. The branch rules provide for transition to full democratic elections in two stages. All lawyers in the former Auckland district who are NZLS members are automatically members of that new branch and able to participate in its activities.
NZLS staff based in branches will carry out regulatory activities and member (representative) services, representing and serving the interests of local members in much the same way as before.
While all lawyers must be regulated by the society, membership is now optional, though no membership fee is payable until the new practising fee year begins in July, when a minimal annual fee will be payable.
The benefits of membership will be evident if members attend just one CLE seminar for which non-members will pay more; similarly for bar dinners. Members will also enjoy access to information to support them in their practices.
Other membership benefits include the ability to join an NZLS section (the current sections are for family lawyers, property lawyers and in-house counsel), and free access to local and national publications,
But perhaps the most crucial is the ability to maintain collegiality, the sense of being part of your own profession, and playing a part in law society affairs. NZLS members will automatically be members of the branch for the region in which they practise, with the right to participate in voting and standing for the branch council and, through that, for the NZLS Council.
All branches have their own presence on the NZLS website. That may comprise a link to an existing website, where a district law society already had one, or a page for the branch within the NZLS site.
The NZLS Law Library Board has been developing plans for a national library service (to operate as a regulatory function) making appropriate use of the district libraries vesting in the NZLS on 1 February.