New Zealand lawyers wishing to practise overseas will need to comply with both the regulatory regime in NZ under the Lawyers and Conveyancers Act 2006, and the relevant regulatory requirements in the overseas jurisdiction.
New Zealand lawyers (that is, persons who hold a current practising certificate in New Zealand) are regulated by the New Zealand Law Society. If they provide legal services in another jurisdiction from their places of business in New Zealand, or they establish a commercial presence in another jurisdiction they will also be subject to the regulatory regime of that jurisdiction. They should check with the appropriate regulatory authority in that jurisdiction as to what the regulatory requirements are. They may be required to register as foreign lawyers, or to undertake qualification examinations.
If you are an enrolled barrister and solicitor of the High Court of New Zealand living and working in another jurisdiction you are able to apply for a New Zealand practising certificate. You may hold a New Zealand practising certificate at the same time as holding a practising certificate in another jurisdicition.
New Zealand lawyers working in foreign jurisdictions where they are not, or not yet, admitted/entitled to practise may be required to register as foreign lawyers and regulated as such by the host jurisdiction. Regimes vary, so it pays to check in advance.
Information about regulatory regimes in other jurisdictions is available from their regulatory authorities.
New Zealand lawyers can apply for registration (admission and practising certificate) in any of the states and territories of Australia under the Trans-Tasman Mutual Recognition Act 1997 (TTMRA). The TTMRA offers a fast-track process, just as it does for Australian practitioners seeking admission here.
In all the Australian state and territory jurisdictions except Victoria and Queensland, practitioners are admitted as both barristers and solicitors. Victoria and Queensland have a separate bar.
As the application requirements differ between States, initial inquiries should be made to the appropriate regulatory body.
Ph: (02) 6274 0300
Postal: Level 4, 1 Farrell Place, Canberra City ACT 2601
GPO Box 1562, CANBERRA ACT 2601
DX 5623 CANBERRA
Ph: +61 7 3842 5888
Postal: Law Society House, 179 Ann Street, Brisbane QLD 4000
GPO Box 1785, Brisbane QLD 4001
Ph: (03) 6234 4133
Postal: 28 Murray Street, Hobart, Tasmania 7000
GPO Box 1133 Hobart 7001
DX 111 Hobart
Ph: 03 9679 8001
Postal: Level 5, 555 Bourke Street Melbourne 3000
GPO Box 492 Melbourne 3001
DX 185 Melbourne
Ph: (08) 6211 3600
Street Address: Level 6/111 St Georges Terrace, Perth WA 6000
The New Zealand Law Society is currently in the process of making an application to the Solicitors Regulation Authority for an exemption for NZ qualified lawyers from having to complete Part 2 of the Solicitors Qualifying Examination. For information about making an individual exemption application, please refer to the links above.
In most cases you will be required, as part of your application for admission in another jurisdiction, to produce a Certificate of Standing from New Zealand. You can apply online.