Lawyers and Conveyancers Act 2006

If you need more information about this Act, please contact the administering agency: Ministry of Justice
41 Power to refuse to issue practising certificate

(1)

A regulatory society may refuse to issue a practising certificate to a person on the ground that the person is not a fit and proper person to hold a practising certificate.

(2)

For the purposes of determining whether or not a person is a fit and proper person to hold a practising certificate, the regulatory society may take into account any matters it considers relevant and, in particular, may take into account any of the following matters:

(a)

in the case of lawyers, any of the matters that may be taken into account under section 55 for the purpose of determining whether or not a person is a fit and proper person to be admitted as a barrister and solicitor of the High Court:

(b)

in the case of conveyancing practitioners, any of the matters that may be taken into account under section 83 for the purpose of determining whether or not a person is a fit and proper person to be granted registration as a conveyancer:

(c)

the person has obtained a practising certificate because of incorrect or misleading information:

(d)

the person has contravened a condition of a practising certificate held by the person:

(e)

the person has contravened this Act or a corresponding law:

(f)

the person has contravened an order of the Disciplinary Tribunal or a corresponding tribunal:

(g)

the person has not undertaken any ongoing legal education required by practice rules made pursuant to section 97(1)(b) or section 98(1)(c):

(h)

without limiting any other paragraph,—

(i)

the person’s name has been removed from a foreign roll or a foreign register; or

(ii)

the person has failed to pay a required contribution or levy to the Lawyers’ Fidelity Fund or the Conveyancing Practitioners’ Fidelity Fund; or

(iii)

the person does not hold any professional indemnity insurance required by rules made under section 99 or is otherwise in breach of any such rules; or

(iv)

the person has failed to pay any costs or expenses for which the person is liable under this Act or any regulations, rules, or resolutions made under this Act:

(i)

any other matters the regulatory society thinks appropriate.

(3)

A person may be considered to be a fit and proper person to hold a practising certificate even though the person is within any of the categories of the matters referred to in subsection (2), if the regulatory society considers that the circumstances warrant the determination.

(4)

If a matter was—

(a)

disclosed in an application for admission as a barrister and solicitor or in an application for registration as a conveyancer in this or another jurisdiction; and

(b)

determined by a High Court or the body considering the application for registration as a conveyancer not to be sufficient for refusing admission or registration,—

the matter cannot be taken into account as a ground for refusing to issue a practising certificate, unless later disclosures demonstrate that the matter is part of a course of conduct that may warrant refusal.

(5)

Subsection (2) does not limit—

(a)

the grounds on which it may be determined whether or not a person is a fit and proper person to hold a practising certificate; or

(b)

the criteria that may be prescribed under section 94(a).

(6)

In this section, regulatory society means—

(a)

the New Zealand Law Society; or

(b)

the New Zealand Society of Conveyancers.