Barristers may accept direct instructions from approved bodies, officers and persons. The Law Society may, after consultation with the New Zealand Bar Association, publish a list of approved bodies, officers, and persons for the purposes of rules 14.5.1(h) and 14.6, together with any restrictions, terms or conditions which may be applicable.
Applications to be an approved body, officer or person should be addressed to the General Manager Regulatory outlining the reasons why the approval is necessary, including considerations of public interest.
List of approved bodies
Chief Executive of Oranga Tamariki – youth advocate appointments
On 9 April 2019 the New Zealand Law Society Board approved the Chief Executive of Oranga Tamariki/Ministry for Children (or his/her appropriately authorised delegate/nominee) as an approved “body, officer, or person”.
The Board granted the approval on the basis that the approval is for the appointment of youth advocates only and the appointments are made from the Youth Advocates lists maintained by the Court Services Manager of each Youth Court (made following the Appointment and Review Procedure for Youth Advocates issued by the Principal Youth Court Judge) and on the same basis as current Youth Advocate appointments made by the Youth Court.
On 19 June 2020 the New Zealand Law Society Board granted the following approvals:
- allowing barristers to take direct in instructions in circumstances where a barrister is appointed by an Inquiry established pursuant to the Inquiries Act 2013, to provide legal services to persons granted legal assistance funding under s 18 of the Inquiries Act 2013; and
- for the avoidance of doubt, where a barrister is appointed as counsel to assist an Inquiry pursuant to s 13 of the Inquiries Act 2013.
The Board granted these approvals subject to a condition as per rule 14.8 namely that “A barrister sole must not accept direct instructions under rules 14.5.2(d) to (i) if he or she considers that, in all the circumstances, it would be in the best interests of the client or in the interests of justice for an “instructing lawyer to be retained.”
Last updated on the 21st July 2020