New Zealand Law Society

New Zealand Law Society

The New Zealand Law Society is the parent body for barristers and solicitors in New Zealand. It was established in 1869, and regulates all lawyers practising in New Zealand. Membership of the Society is voluntary, although any person wishing to practice law in New Zealand must obtain a practising certificate from the Society.

Previously, legislation provided for 14 district law societies with their own statutory powers, operating in a federal structure with the New Zealand Law Society. The Lawyers and Conveyancers Act provides that district law societies must decide, within 6 months of the Act coming into force, whether to incorporate. The preferred option (often referred to as the “one society” model) is for districts to fold into the New Zealand Law Society and to operate as its branches. All District Law Societies except the Auckland District Law Society have so far agreed to the "one society" model.

From 1 July 2009, the Society will have two roles: a compulsory regulatory role, and a voluntary representative role. Among the Society’s regulatory activities are:

* issuing practising certificates
* maintaining a register of lawyers
* making practice rules
* law reform activities, including submissions on legislation
* managing the Lawyers Complaints Service
* operating a Financial Assurance scheme
* operating a Fidelity Fund.

In addition to these functions, the representative role will allow lawyers to choose whether to remain part of the Society. This will be an uncertain time for the Society as up until the present moment it has engaged in little representation of its members. The small amount of representative activity undertaken by the Society in previous years has met with little or no success. The representative functions that the Society will undertake are unclear, but are referred to in s65 of the Lawyers and Conveyancers Act 2006.[1]

The Society’s Constitution sets out the membership, election processes and meeting procedures for the Society’s governing bodies. The Society is governed by a Council and managed by a Board. The Council comprises the President (and President-Elect where applicable), four Vice-Presidents, one member from each district law society, the chair or president of each of the Society’s sections, the chair or president of the New Zealand Bar Association, and a representative of the large law firm corporation. The Council meets at least once a year.

The Board acts as the executive body, managing the affairs of the Society and exercising most of the functions and powers of the Council under delegation. The Board comprises the President (and President-Elect where applicable) and the four Vice-Presidents. It appoints members to the Society’s committees.

References

  1. ^ http://www.legislation.govt.nz/act/public/2006/0001/latest/DLM365791.html

External links


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