Lawyers and Conveyancers Act 2006

6 Interpretation

In this Act, unless the context otherwise requires,—

bank means a registered bank within the meaning of the Reserve Bank of New Zealand Act 1989 that is carrying on in New Zealand the business of banking

banker means the manager or other person for the time being in charge of the office of a bank in which any account is kept

barrister means a person enrolled as a barrister and solicitor of the High Court under or by virtue of this Act and practising as a barrister, whether or not he or she also practises as a solicitor; and, in relation to any country outside New Zealand, includes, for the purposes of sections 49(3)(a) and 53, any person authorised to exercise in that country functions similar to those exercised by barristers in New Zealand

chief executive, in relation to a Crown organisation,—

(a)

means the chief executive or principal officer (however described) of that organisation; and

(b)

includes,—

(i)

in the case of a department, the head of the department and a chief executive appointed under the Public Service Act 2020; and

(ii)

in the case of a Crown entity, the chief executive officer of the Crown entity; and

(iii)

in the case of the Police of New Zealand, the Commissioner of Police; and

(iv)

in the case of the New Zealand Defence Force, the Chief of Defence Force; and

(v)

in the case of an Office of Parliament, the head of the office concerned

community law centre means a community law centre within the meaning of section 93 of the Legal Services Act 2011 that is providing community legal services under a contract entered into by the Secretary for Justice pursuant to section 94 of that Act

company means a company within the meaning of the Companies Act 1993

complaint means a complaint under section 132

complaints service means a complaints service established under section 121

conveyancer means a person, not being a lawyer or a person acting under the supervision of a lawyer, who provides conveyancing services

Conveyancers Society inspectorate means the inspectorate established by the New Zealand Society of Conveyancers pursuant to regulations made under section 115

conveyancing—

(a)

means—

(i)

legal work carried out for the purpose of effecting or documenting any transaction or prospective transaction that does or would create, vary, transfer, or extinguish a legal or equitable estate, interest, or right in any real property; and

(ii)

legal work carried out for the purpose of effecting or documenting a sale or purchase of a business, whether or not land is involved; and

(b)

includes legal work carried out for the purpose of effecting or documenting—

(i)

a lease of land; or

(ii)

the grant of a mortgage or charge over any interest in land; or

(iii)

the creation of a trust affecting any real property or any interest in land; and

(c)

includes any legal services that are incidental to, or ancillary to, any work of a kind described in paragraph (a) or paragraph (b); and

(d)

includes, in particular, the presenting of any instrument for registration under the Land Transfer Act 2017 or the Deeds Registration Act 1908 and the carrying out of any other work required by either of those Acts to be performed by, or on behalf of, persons seeking to effect registration of instruments; but

(e)

does not include the legal work involved in the preparation or drafting of a will; and

(f)

despite paragraph (d), does not include the work (not being legal work) involved in an agent of a practitioner or incorporated firm presenting an instrument for registration under the Land Transfer Act 2017 or the Deeds Registration Act 1908

conveyancing practitioner means a person who holds a current practising certificate issued by the New Zealand Society of Conveyancers

Conveyancing Practitioners’ Fidelity Fund means the fund established, pursuant to section 310, by practice rules made by the New Zealand Society of Conveyancers

Conveyancing Practitioners Standards Committee means a Conveyancing Practitioners Standards Committee established pursuant to section 127

conveyancing services means services that a person provides by carrying out conveyancing for any other person

Council, in Part 8 and Schedule 5, means the New Zealand Council of Legal Education

country includes every territory for whose international relations the Government of that country is responsible

course of study—

(a)

means,—

(i)

in relation to lawyers, the course of study for any prescribed examination that is a qualification for admission as a barrister and solicitor of the High Court; and

(ii)

in relation to conveyancers, the course of study for any examination that is a qualification for registration as a conveyancer; and

(b)

includes, in relation to any course of study to which paragraph (a)(i) or paragraph (a)(ii) applies, the structure of the course, the prescriptions for each subject, any prerequisites to the course or to any of the subjects of study in the course, and the examinations for the subjects

Crown entity has the meaning given to it by section 7(1) of the Crown Entities Act 2004

Crown organisation means a Crown entity, department, or government-related organisation

department has the meaning given to it by section 2(1) of the Public Finance Act 1989

direct supervision has,—

(a)

in relation to a lawyer who provides regulated services, the meaning given to it by the practice rules of the New Zealand Law Society; and

(b)

in relation to a conveyancing practitioner who provides regulated services, the meaning given to it by the practice rules of the New Zealand Society of Conveyancers

director, in relation to an incorporated firm, means a director as defined in section 126 of the Companies Act 1993

Disciplinary Tribunal means the New Zealand Lawyers and Conveyancers Disciplinary Tribunal established by section 226

document, in relation to a practitioner, includes—

(a)

any paper, deed, security, or instrument (including a negotiable instrument); and

(b)

any postal article within the meaning of the Postal Services Act 1998, including any such article delivered or to be delivered to any private box used for the purposes of the practitioner’s practice; and

(c)

any document delivered or to be delivered to a document exchange box used for the purposes of the practitioner’s practice; and

(d)

any reproduction or copy of a document; and

(e)

any information recorded or stored by means of any tape-recorder, computer, or other device, and any material subsequently derived from information so recorded or stored

employee includes,—

(a)

in relation to the New Zealand Defence Force, a member of the Armed Forces; and

(b)

in relation to the Police of New Zealand, a constable

employer organisation means an organisation—

(a)

whose members consist of employers; and

(b)

whose purpose is or includes the promotion of the interests of its members as employers

executive director of the New Zealand Law Society means the person for the time being appointed to hold that position by the Council of the New Zealand Law Society

fundamental obligations means,—

(a)

in relation to lawyers, the fundamental obligations set out in section 4; and

(b)

in relation to conveyancing practitioners, the fundamental obligations set out in section 5

government-related organisation has the meaning given to it by section 4 of the Crown Organisations (Criminal Liability) Act 2002

health professional organisation means an organisation—

(a)

whose members consist of health practitioners within the meaning of the Health Practitioners Competence Assurance Act 2003; and

(b)

whose purpose is or includes the promotion of—

(i)

the professional standards of its members; and

(ii)

the interests of its members in their capacity as health practitioners

High Court means the High Court of New Zealand; and includes a Judge of that court

incorporated conveyancing firm means, subject to sections 15 and 16, a company that—

(a)

provides to the public services that are, in relation to a conveyancing practitioner, regulated services; and

(b)

has as its directors no persons other than conveyancing practitioners who are actively involved in the provision by the body corporate of regulated services; and

(c)

has as its shareholders, in respect of shares that confer voting rights, no persons other than—

(i)

conveyancing practitioners of the kind described in paragraph (b); or

(ii)

persons who are administrators of the estates of persons who, at the time of their death, were conveyancing practitioners of the kind described in paragraph (b); and

(d)

has as its shareholders, in respect of shares that do not confer voting rights, no persons other than—

(i)

conveyancing practitioners of the kind described in paragraph (b) (any 1 or more or each of whom may, but none of whom is required to, hold those shares as a trustee of a qualifying trust); or

(ii)

persons who are relatives of conveyancing practitioners of the kind described in paragraph (b); or

(iii)

persons who are administrators of the estates of persons who, at the time of their death, were shareholders of the kind described in subparagraph (i) or subparagraph (ii)

incorporated firm means an incorporated conveyancing firm or an incorporated law firm

incorporated law firm means, subject to sections 15 and 16, a company that—

(a)

provides to the public services that are, in relation to a lawyer, regulated services; and

(b)

has as its directors no persons other than lawyers who are actively involved in the provision by the body corporate of regulated services; and

(c)

has as its shareholders, in respect of shares that confer voting rights, no persons other than—

(i)

lawyers of the kind described in paragraph (b); or

(ii)

persons who are administrators of the estates of persons who, at the time of their death, were lawyers of the kind described in paragraph (b); and

(d)

has as its shareholders, in respect of shares that do not confer voting rights, no persons other than—

(i)

lawyers of the kind described in paragraph (b) (any 1 or more or each of whom may, but none of whom is required to, hold those shares as a trustee of a qualifying trust); or

(ii)

persons who are relatives of lawyers of the kind described in paragraph (b); or

(iii)

persons who are administrators of the estates of persons who, at the time of their death, were shareholders of the kind described in subparagraph (i) or subparagraph (ii)

investigator means an investigator appointed under section 144

Law Society inspectorate means the inspectorate established by the New Zealand Law Society pursuant to regulations made under section 115

lawyer means a person who holds a current practising certificate as a barrister or as a barrister and solicitor

Lawyers and Conveyancers Disciplinary Tribunal means the New Zealand Lawyers and Conveyancers Disciplinary Tribunal established by section 226

Lawyers’ Fidelity Fund means the fund established, pursuant to section 309, by practice rules made by the New Zealand Law Society

Lawyers Standards Committee means a Lawyers Standards Committee established pursuant to section 126

lay member, in relation to the Disciplinary Tribunal, means a member of the Disciplinary Tribunal who holds office under section 228(c)

Legal Complaints Review Officer means the Legal Complaints Review Officer appointed under section 190

legal services means services that a person provides by carrying out legal work for any other person

Legal Services Agency means the agency established by the Legal Services Act 2000

legal work includes—

(a)

the reserved areas of work:

(b)

advice in relation to any legal or equitable rights or obligations:

(c)

the preparation or review of any document that—

(i)

creates, or provides evidence of, legal or equitable rights or obligations; or

(ii)

creates, varies, transfers, extinguishes, mortgages, or charges any legal or equitable title in any property:

(d)

mediation, conciliation, or arbitration services:

(e)

any work that is incidental to any of the work described in paragraphs (a) to (d)

Management Committee means the management committee established for the Special Fund by section 292(1)

mental or physical condition means any mental or physical condition or impairment; and includes, without limitation, a condition or impairment caused by alcohol or drug abuse

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

misconduct has,—

(a)

in relation to a lawyer (whether in practice on his or her own account or not), the meaning given to it by section 7; and

(b)

in relation to an incorporated law firm, the meaning given to it by section 7; and

(c)

in relation to a conveyancing practitioner (whether in practice on his or her own account or not), the meaning given to it by section 8; and

(d)

in relation to an incorporated conveyancing firm, the meaning given to it by section 8; and

(e)

in relation to a lawyer who is an employee, not only the meaning given to it by section 7, but also the meaning given to it by section 9(1); and

(f)

in relation to a conveyancing practitioner who is an employee not only the meaning given to it by section 8 but also the meaning given to it by section 9(2); and

(g)

in relation to a person who is not a practitioner but who is an employee of a practitioner or an incorporated firm, the meaning given to it by section 11

money includes—

(a)

bank notes and other currency, being any negotiable instruments used or circulated, or intended for use or circulation, as currency; and

(b)

postal notes and money orders; and

(c)

promissory notes and bills of exchange,—

whether of New Zealand or any other country

New Zealand Law Society means the society continued in existence by section 63

New Zealand Society of Conveyancers means the society established by section 77

nominated trust account means a trust account nominated under section 299

Office of Parliament has the meaning given to it by section 2(1) of the Public Finance Act 1989

patent attorney has the same meaning as registered patent attorney in Part 6 of the Patents Act 2013

postal operator means a person for the time being registered as a postal operator under the Postal Services Act 1998

practice rules means rules made under section 94

practising certificate means,—

(a)

in relation to a lawyer, a practising certificate issued under section 39(1) by the New Zealand Law Society; and

(b)

in relation to a conveyancing practitioner, a practising certificate issued under section 39(2) by the New Zealand Society of Conveyancers

practitioner means a lawyer or a conveyancing practitioner, as the case may be

printed form includes—

(a)

a form that is provided by a duplication or reproduction process, by printing from an electronic file or record, or by any similar process; and

(b)

a form—

(i)

which is contained in an electronic file or record; and

(ii)

which can be filled in, in whole or in part, before being transmitted electronically or being reproduced by printing it from that electronic file or record

qualifying trust means, for the purposes of the definitions in this section of incorporated conveyancing firm and incorporated law firm, a trust in which—

(a)

each beneficiary is a relative of 1 or more of the trustees; and

(b)

each trustee is (for an incorporated conveyancing firm) a conveyancing practitioner, or (for an incorporated law firm) a lawyer, who is actively involved in the provision by the body corporate of regulated services

record includes—

(a)

any file, register, ledger, book of account, or passbook, and any reproduction or copy of any of them or of any entry in any of them; and

(b)

any apparatus or equipment in or on which information is recorded, stored, or embodied in any form so as to be capable of being retrieved, reproduced, or processed by any means; and

(c)

any material by means of which information is supplied to, or derived from, any such apparatus or equipment

registered conveyancer means a person who is registered as a conveyancer under rules made under section 81(2)(a)

Registrar means a Registrar of the High Court; and includes a Deputy Registrar

regulated services means,—

(a)

in relation to a lawyer or an incorporated law firm,—

(i)

legal services; and

(ii)

conveyancing services; and

(iii)

services that a lawyer provides by undertaking the work of a real estate agent; and

(b)

in relation to a conveyancing practitioner or an incorporated conveyancing firm,—

(i)

conveyancing services; and

(ii)

services that a conveyancing practitioner provides by undertaking the work of a real estate agent

regulated trust account, in relation to a practitioner,—

(a)

means a trust account required by this Act, or by any rules made under this Act, to be kept—

(i)

by the practitioner or a related person or entity; or

(ii)

by any incorporated firm of which the practitioner is a director or shareholder; and

(b)

includes any bank account in which money belonging to a client of the practitioner, of a related person or entity, or of an incorporated firm of which the practitioner is a director or shareholder is held if that money is held—

(i)

by, or in the name of, the practitioner or any such incorporated firm; or

(ii)

by, or in the name of, any person who is, in relation to the practitioner, a related person or entity; or

(iii)

by, or in the name of, any agent, or employee of the practitioner or of any such incorporated firm; or

(iv)

by, or in the names of, both the practitioner or any such incorporated firm and any person described in subparagraph (ii) or subparagraph (iii)

related entity means,—

(a)

in relation to a lawyer, any body (including a partnership or body corporate) on behalf of which, or in association with which, the lawyer provides, whether in his or her capacity as an employee, shareholder, or director or in any other capacity, regulated services to the public; and

(b)

in relation to a conveyancing practitioner, any body (including a partnership or body corporate) on behalf of which, or in association with which, the conveyancing practitioner provides, whether in his or her capacity as an employee, shareholder, or director or in any other capacity, regulated services to the public

related person or entity means, in relation to a practitioner,—

(a)

a related entity; or

(b)

any person who practises in partnership with the practitioner; or

(c)

any person who—

(i)

employs the practitioner to provide regulated services to the public; or

(ii)

is a director or shareholder of an incorporated law firm or incorporated conveyancing firm in which the practitioner practises

relative, in relation to a conveyancing practitioner or lawyer, means, for the purposes of the definitions in this section of incorporated conveyancing firm and incorporated law firm, any of the following:

(a)

a spouse, civil union partner, or de facto partner of the conveyancing practitioner or lawyer:

(b)

a parent or grandparent of the conveyancing practitioner or lawyer:

(c)

a step-parent of the conveyancing practitioner or lawyer:

(d)

a brother, sister, half-brother, or half-sister of the conveyancing practitioner or lawyer:

(e)

a child or grandchild of the conveyancing practitioner or lawyer:

(f)

a step-child of the conveyancing practitioner or lawyer:

(g)

a parent of the conveyancing practitioner’s or lawyer’s spouse, civil union partner, or de facto partner

reserved areas of work means the work carried out by a person—

(a)

in giving legal advice to any other person in relation to the direction or management of—

(i)

any proceedings that the other person is considering bringing, or has decided to bring, before any New Zealand court or New Zealand tribunal; or

(ii)

any proceedings before any New Zealand court or New Zealand tribunal to which the other person is a party or is likely to become a party; or

(b)

in appearing as an advocate for any other person before any New Zealand court or New Zealand tribunal; or

(c)

in representing any other person involved in any proceedings before any New Zealand court or New Zealand tribunal; or

(d)

in giving legal advice or in carrying out any other action that, by section 21F of the Property (Relationships) Act 1976 or by any provision of any other enactment, is required to be carried out by a lawyer

roll means the roll of barristers and solicitors kept by any Registrar under this Act

shareholder, in relation to an incorporated firm, means a shareholder as defined in section 96 of the Companies Act 1993

solicitor means a person enrolled as a barrister and solicitor of the High Court under, or by virtue of, this Act and practising as a solicitor, whether or not he or she also practises as a barrister; and, in relation to any country outside New Zealand, includes, for the purposes of sections 49(3)(a) and 53, any person authorised to exercise in that country functions similar to those exercised by solicitors in New Zealand

Special Fund means the fund continued in existence by section 289 and now known as the Lawyers and Conveyancers Special Fund

Standards Committee means a Lawyers Standards Committee or a Conveyancers Standards Committee

statutory officer means a person—

(a)

holding or performing the duties of an office established by an enactment; or

(b)

performing duties expressly conferred on that person by virtue of his or her office by an enactment; or

(c)

holding office as the chief executive of a Crown organisation

trust account—

(a)

means, in relation to a practitioner or incorporated firm, any trust account at a bank in New Zealand that is a trust account in the name of that practitioner or incorporated firm; and

(b)

includes, in relation to a practitioner, any trust account at a bank in New Zealand that—

(i)

is in the name of a firm in which that practitioner is a partner or is held out to be a partner; or

(ii)

is in the name of an incorporated firm of which that practitioner is a director or shareholder

trust account records—

(a)

means records relating to a trust account; and

(b)

includes any information which relates to a trust account and which is recorded or stored by means of any tape-recorder, computer, or other device, and any material subsequently derived from information so recorded or stored

trustee company means a trustee company within the meaning of the Trustee Companies Act 1967

union—

(a)

has the same meaning as in section 5 of the Employment Relations Act 2000; and

(b)

includes an organisation—

(i)

whose members consist of unions; and

(ii)

whose purpose is or includes the promotion of the interests of its members as unions; and

(c)

includes a health professional organisation

unsatisfactory conduct has,—

(a)

in relation to a lawyer (whether in practice on his or her own account or not), the meaning given to it by section 12; and

(b)

in relation to an incorporated law firm, the meaning given to it by section 12; and

(c)

in relation to a conveyancing practitioner (whether in practice on his or her own account or not), the meaning given to it by section 13; and

(d)

in relation to an incorporated conveyancing firm, the meaning given to it by section 13; and

(e)

in relation to a person who is not a practitioner but who is an employee of a practitioner or an incorporated firm, the meaning given to it by section 14.

Compare: 1982 No 123 ss 2, 65(4)

Section 6 chief executive paragraph (b)(i): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 6 community law centre: substituted, on 1 July 2011, by section 144 of the Legal Services Act 2011 (2011 No 4).

Section 6 conveyancing paragraph (d): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 6 conveyancing paragraph (f): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 6 employee: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 6 employer organisation: inserted (with effect from 1 August 2008), on 4 August 2008, by section 5 of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).

Section 6 health professional organisation: inserted (with effect from 1 August 2008), on 4 August 2008, by section 5 of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).

Section 6 incorporated conveyancing firm paragraph (d)(i): amended, on 20 November 2012, by section 8(1) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).

Section 6 incorporated law firm paragraph (d)(i): amended, on 20 November 2012, by section 8(2) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).

Section 6 patent attorney: replaced, on 24 February 2017, by section 8 of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).

Section 6 qualifying trust: inserted, on 20 November 2012, by section 8(3) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).

Section 6 relative paragraph (e): amended, on 20 November 2012, by section 8(4) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).

Section 6 union: inserted (with effect from 1 August 2008), on 4 August 2008, by section 5 of the Lawyers and Conveyancers Amendment Act 2008 (2008 No 54).