The Law Society Te Kāhui Ture o Aotearoa monitors compliance through annual audits of CPD plan and records (CPDPRs). The latest audit showed that on average, lawyers are engaging in twice the required number of hours of activities. Alongside learning about the law, a third of CPDPRs also showed lawyers engaging in learning about leadership, practice management and ethics. Nearly half illustrated learning in relation to cultural competence, inclusivity and diversity. While many lawyers are engaging thoughtfully with targeted activities, there is some misunderstanding about:
What is a CPD activity?
CPD activities are defined in rule 3.1(b) of the CPD rules.
An activity is learning that:
There is no prescribed format, and this allows lawyers to choose activities that suit their needs. Things like teaching, mentoring, writing articles or contributing to law reform could all qualify as CPD if they are structured in a way that meets the definition of an ‘activity’.
CPD is not limited to legal knowledge, with skills like communication, leadership and cultural intelligence all being equally relevant to professional growth. Learning needs will differ for everyone, and the CPDPR is designed to cater to all levels of experience.
What is and is not a CPD activity?
A common misconception is that general study or reading can count towards CPD requirements. A key component of any CPD activity under the rules is its interactive nature. While staying informed is essential, reading alone does not provide an opportunity for interaction or feedback and often overlaps with daily work.
Likewise, watching a non-interactive webinar recording or listening to a podcast do not meet the definition of a CPD activity when they stand alone. If these types of learning are utilised as research tools in the production of published works or presentations, the time spent engaging with them may be able to be counted towards CPD. The writing process provides for interaction when authors receive feedback on their work from peers and editors. Presenters of lectures and seminars can utilise feedback from their peers, colleagues or audience to satisfy the interactive component.
Study groups might watch a recording or read materials and discuss the concepts with a group of colleagues, making this activity CPD compliant. The Law Society has guidance for study groups and facilitators.
Mentoring and coaching can also be counted towards CPD requirements. As long as these activities are planned and structured, have a stated purpose and outcome, are not file specific and are relevant to the participants learning needs, they may be included in a CPDPR.
Attending meetings, serving on committees and providing pro bono services are not CPD activities.
How to attribute hours to a CPD activity
Where an activity does not follow a set agenda, like that found in a traditional seminar, it may be challenging to know how much time to attribute to that type of learning. There is no cap on the hours that can be counted from one activity, but lawyers should focus on time spent in actual learning. Activities should only be counted when undertaken for the first time, unless the content has been substantially revised.
Verification
To meet CPD requirements, lawyers must verify participation. Documentation may look different depending on the activity and could be a certificate, attendance record, copy of publication or copy of written contributions to law reform submissions. Lawyers are responsible for ensuring they have verification of participation in an activity.
Lawyers must keep their CPDPRs, including verification documentation, for three years. Any documentation stored by a firm or organisation should be transferred to the individual before departure, as compliance rests with the lawyer.
Looking ahead
CPD is not intended to be a rigid or burdensome requirement. Instead, it is a framework that supports lawyers' professional growth throughout their career. Whether that is deepening legal knowledge, developing soft skills, or giving back through teaching, CPD enables meaningful engagement with learning.
As the end of the year approaches, it is a good time for lawyers to check in with their CPDPRs. Confirming completed activities, updating goals, and getting documentation in order will position lawyers well for making their declarations by 31 March.
