About the New Zealand Law Society
Practising law in New Zealand |Membership |Functions | Contact Details| Council | Board |Annual Reports and Statements of Accounts | Current vacancies at the NZLS
The New Zealand Law Society (NZLS) was established by statute in 1869. The current legislation is the Law Practitioners Act 1982. (NOTE, this act is being replaced by the Lawyers and Conveyancers Act 2006, which is expected to come into force on 1 August 2008). The Law Practitioners Act 1982 sets out the Society's name, membership, structure, general functions, powers and duties. It also makes provision for the district law societies, which are independent bodies with their own statutory powers. The district law societies and the NZLS operate in a federal structure.
The NZLS is governed by a Council of 29 or 30 members - President, four Vice-Presidents and Treasurer elected by Council; 23 members elected by district law societies (up to four each, depending on the number of members); the President-Elect (if any). The Council meets at least once a year.
The Board acts as the executive body managing the affairs of the Society, exercising all the functions and powers of the Council except those specifically reserved. The Board comprises 13 or 14 members - the President; the four Vice-Presidents; eight members of the Society elected by the Council; the President-Elect (if any). The term of office of elected Board members is two years with a two-term maximum. The Rules of the NZLS provide how membership of the various bodies is elected and meeting procedures.
The Board appoints members to the Society's special committees: there are also numerous ad hoc committees. The Society currently has three specialist sections - the Corporate Lawyers Association of New Zealand, the Property Law Section, and the Family Law Section.
The Society is supported by a secretariat comprising the Executive Director, a deputy Executive Director, five directors and about 43 staff based in Wellington, with a further six financial assurance inspectorate staff based in other centres.
Practising law in New Zealand
A lawyer in New Zealand is enrolled as a barrister and solicitor. Most lawyers take out practising certificates and practise as both barrister and solicitor - alone or in partnership, working for other practitioners, or in commerce or government. They can practise any type of law, including court and tribunal work.
Other lawyers prefer to take out practising certificates as barristers only. They are then subject to specific rules, including the rule that, with certain exceptions, a barrister is not able to accept work directly from the public. Queen's Counsel are appointed from among the senior barristers.
It is an offence for anybody who is not enrolled to act as a barrister or as a solicitor.
More information about legal practice in New Zealand…
Membership
Any properly qualified person who wishes to practise law must hold a practising certificate, issued by one of New Zealand's 14 district law societies after paying prescribed fees and levies. The holder of a practising certificate is automatically a member of the NZLS and of the district law society that issued the certificate. The NZLS Council may occasionally elect honorary members or associate members.
Currently the NZLS has approximately 10,300 members (not including honorary and associate members). Women comprise just over 40% of membership.
Functions
The functions of the NZLS and district law societies overlap to some extent. Both undertake regulatory and representative functions. In general terms, in the regulatory area, the NZLS is empowered to make the rules under which lawyers practise, while a primary function of district law societies is to enforce those rules.
Complaints about lawyers - about conduct or their costs - are handled by district law societies.
The general functions of the NZLS as set out in Section 4 of the Law Practitioners Act 1982 are listed here along with a brief explanation of each:
"(a) To promote the interests of the legal profession and the interests of the public in relation to legal matters."
Much of the NZLS's work is undertaken by practitioners voluntarily serving on committees dealing with particular areas of the law. The object is to ensure as far as possible that the law is workable and fair. In addition, while the NZLS avoids involvement in party political issues, it does have a responsibility to act as the public's advocate where rights and freedoms are seen to be threatened.
"(b) To promote and encourage proper conduct among the members of the legal profession."
The legal profession demands that its members observe a higher standard in some aspects of their conduct than the general community. To that end, the NZLS sets ethical rules (the NZLS Rules of Professional Conduct for Barristers & Solicitors) governing practice generally. It also regulates particular areas of practice, eg trust accounting.
"(c) To suppress illegal, dishonourable, or improper practices by members of the legal profession."
While lawyers are, like anybody else, subject to the law, they may also be called to account under a disciplinary system. District law societies investigate complaints and, if the matter is serious, can lay a charge against the lawyer concerned with either the District Disciplinary Tribunal or the New Zealand Law Practitioners Disciplinary Tribunal. Those tribunals have practitioner and lay membership. They have considerable powers to deal with lawyers they find guilty of disciplinary charges: they can censure, fine or restrict the practice of lawyers and the New Zealand tribunal can strike a lawyer off the roll of barristers and solicitors so that he or she can no longer practise. The High Court also has the power to strike lawyers off the roll.
As well as investigating complaints about lawyers' conduct, district law societies also undertake costs revisions.
The NZLS operates a financial assurance scheme to protect money held in solicitors' trust accounts. It also manages the Solicitors' Fidelity Guarantee Fund, to which solicitors in practice on their own account contribute by way of compulsory annual fee. The fund is applied to reimburse people who have suffered financial loss because of theft by a solicitor or a solicitor's employee or agent. The criteria for admission of claims was narrowed in 1993 after major thefts, by excluding from coverage money left with a solicitor for investment.
"(d) To preserve and maintain the integrity and status of the legal profession."
This is achieved not only through the regulatory, disciplinary and continuing legal education systems, but also by the NZLS speaking out in its representative role when lawyers as a group, or individually, are subjected to unfair criticism.
"(e) To promote opportunities for the acquisition and diffusion of legal knowledge."
The NZLS is represented on the Council of Legal Education, which prescribes courses for university degrees and other pre-admission qualifications. It also has a responsibility to maintain a high level of competence in its members. Each year, through its Continuing Legal Education Committee, it offers a programme of seminars on many legal issues. There are also skills courses offering basic and advanced instruction in certain areas.
The NZLS also:
Every district law society is responsible for providing and maintaining law libraries.
"(f) To assist in and promote the reform of the law."
The committees often uncover aspects of the law needing reform. These are brought to the Government's attention and pursued until reform is achieved. One of the NZLS's most valued roles is to provide (through its Legislation Committee) an informed, reasoned and representative voice for lawyers and for the public by making submissions on Bills as they are introduced to Parliament and considered by select committees. The NZLS does not approach this role on the basis of personal views on the desirability of a particular measure. Nor does it try to make political or value judgements. The object is to help provide better, more workable, more even-handed legislation.
"(g) To provide means for the amicable settlement of professional differences between members of the legal profession."
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