One of the Law Society’s key responsibilities is ensuring lawyers meet the high standards expected of them when it comes to providing ‘regulated services’. But what exactly are regulated services and why is the definition important?
As kaitiaki of a strong, progressive and trusted legal profession, the New Zealand Law Society Te Kāhui Ture o Aotearoa plays a vital role in maintaining the integrity of the legal system. With the provision of legal services being regulated under the Lawyers and Conveyancers Act 2006 (the Act), one of the Law Society’s key responsibilities is ensuring lawyers meet the high standards expected of them when it comes to providing “regulated services.” It also plays a role in protecting consumers from legal services provided outside the scope of regulated services and unauthorised practice of law. But what exactly are regulated services and why is the definition important?
Piecing together the meaning of “regulated services” through the definitions in s6 of the Act can be a complex task. Its scope is broad and carries important implications for the provision of legal services to consumers.
In relatively simple terms, in reference to a lawyer or incorporated law firm, regulated services means “legal services,” “conveyancing services” or services that a lawyer provides by undertaking the work of a real estate agent.
Breaking down the definition further, legal services are services that a person provides when carrying out “legal work” for another person. Legal work is not outlined exhaustively, but includes:
In practice, this might look like drafting a contract, advising on compliance issues or helping to resolve a dispute.
Conveyancing services are services a person provides when carrying out “conveyancing” for another person. Conveyancing is defined as legal work that creates, changes, transfers or terminates rights in property or business. This includes effecting or documenting:
Effecting registration of instruments is also considered to be conveyancing, but the physical presentation of documents for registration can be done by an agent of a lawyer.
An aspect of the definition of conveyancing that may not be well understood is that it includes legal work carried out for the purposes of the sale or purchase of a business whether or not land is involved in the transaction. It also captures legal work for the creation of certain trusts (as referred to above) but not the preparation or drafting of wills.
The definition is important because it sets out the types of work that fall within a lawyer’s professional obligations. This is essential for safeguarding the public, as well as supporting the complaints and disciplinary processes established under the Act.
Certain areas of legal work, the “reserved areas,” are specifically carved out for consumer protection purposes. This restriction ensures that those accessing these services are covered by protective mechanisms, like the Lawyers’ Complaints Service (LCS) or, if applicable, the Lawyers Fidelity Fund.
Taking a closer look at the reserved areas, these services can only be carried out by a lawyer. They primarily cover representing someone in court or carrying out tasks that are required under legislation to be provided by a lawyer, for example, the certification and advice requirements provided for under s21(f) of the Property (Relationships) Act 1976.
Providing advice on proceedings also falls into this category as well as drafting court documents and filing applications on behalf of another person.1 This can be an area of difficulty, with some non-lawyer organisations providing support services to those going through a court case. While it is not an offence to offer procedural or emotional guidance, care must be taken not to cross over into providing advice or drafting court documents.
There are exceptions to only lawyers operating within the reserved areas. For example, self-represented parties can appear before a court regardless of whether they hold a practising certificate and lay advocates may appear in proceedings in certain circumstances, including before the Employment Relations Authority. A Court or Tribunal can also grant permission for a non-lawyer to represent another person before it. Exemptions apply to the Māori Land Court and Māori Appellate Court too, where (with leave) non-lawyers can represent a party in proceedings.
Outside the reserved areas, anyone may offer legal services, provided they do not hold themselves out as a lawyer2 by using prohibited terms like ‘barrister,’ ‘lawyer’ or ‘counsel’ to describe themselves. When only qualified lawyers use these titles, the public can trust that they are dealing with someone who is accountable to a professional code of conduct. It is a criminal offence for individuals to misrepresent themselves as a lawyer and a conviction can result in a fine of up to $50,000.
Overseas lawyers can provide legal services in Aotearoa New Zealand, but they cannot carry out work in the reserved areas. However, they are allowed to appear in proceedings where knowledge of international or foreign law is essential. While they can call themselves lawyers, they must clearly state the country or territory where they are able to practise under that description, for example, ‘admitted in England and Wales,’ and ensure that they are not providing a false representation of their services.
Practically, many overseas qualified lawyers are employed by law firms and may provide a full range of legal services under the supervision of the firm. Alternatively, they may be employed in-house by corporations and organisations to provide legal services outside the reserved areas.
In the modern world, the ways in which legal advice can be shared have expanded, particularly with the increase in use of social media. Describing roles on LinkedIn profiles must be done accurately, as well as when creating any posts that might come across as being advice from a lawyer.
Short-form video content is becoming a popular way to connect with younger audiences, and some legal professionals are already using it to promote their services or discuss legal issues. The limitations on who can provide legal services and call themselves a lawyer apply here too, and any comments that touch on legal expertise should be made with caution.
One area where regulated services are particularly relevant is the disciplinary provisions of the Act. Here, there is a distinction between conduct that occurs while providing regulated services (professional) and conduct that occurs outside of this setting (personal).
Most disciplinary provisions in the Act focus on professional conduct and, while personal conduct can also be subject to disciplinary action, the circumstances where this applies are more limited. The divide between personal and professional conduct has been the subject of several recent decisions by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal and higher courts, and the definition of regulated services continues to shape this area of the law.
As evidenced, regulated services underpin many areas of the Act. By defining the work that must be carried out by lawyers, consumers of legal services can be assured that they are receiving a high level of care from lawyers who are held accountable to a code of conduct. In cases where those standards are not met, mechanisms like the LCS and, if applicable, the Lawyers Fidelity Fund, can be utilised to address any issues. These factors combined aim to maintain public confidence in the provision of legal services by ensuring that legal work is carried out by people qualified to do so and is completed to a high standard.
Quick guide: regulated services at a glance
What counts as regulated services?
- Defined in s6 of the Act
- Legal and conveyancing services
- The reserved areas
- Drafting contracts
- Preparing legal documents
- Offering alternative dispute resolution services (e.g., mediation, arbitration)
The reserved areas
- Defined in s6 of the Act
- Representing others in court or tribunals
- Providing advice about proceedings
- Legal work required by law to be done by a lawyer, e.g. property relationship agreements under s21(f) of the Property (Relationships) Act 1976
- Only lawyers can operate here, with some exceptions
Who can provide legal services (excluding the reserved areas)?
- Anyone, as long as they do not hold themselves out as a lawyer
- Must avoid protected titles (lawyer, barrister, solicitor, etc.) under s2(b) of the Act
- For more detail, read our guidance on who is and isn’t a lawyer at lawsociety.org.nz/choosing-a-lawyer
Overseas lawyers
- Provided for under s25 of the Act
- Can provide legal services in New Zealand (excluding reserved areas)
- Must state where they are admitted to practise, e.g. “Admitted in England and Wales”
- Can appear in international or cross-jurisdictional proceedings
- For more detail, read our practice briefing on overseas lawyers working in New Zealand at lawsociety.org.nz/overseas-lawyers
Why it matters
- Regulated services are about public protection and confidence
- Ensures clients get qualified, accountable legal help
- Supports the profession’s credibility and trustworthiness
1. There is an exception allowing for a person acting under the supervision of a lawyer to draft and file court documents, but such supervision would need to meet the regulatory and professional requirements under the LCA which apply to lawyers, and which are outside the scope of this article.
2. To be considered a lawyer, a person must hold a practising certificate issued by the Law Society.