Law Practitioners Act 1908
Law Practitioners Act 1908
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Law Practitioners Act 1908
Law Practitioners Act 1908
Public Act |
1908 No 100 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to Law Practitioners.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Law Practitioners Act, 1908.”
Enactments consolidated.
(2.)
This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—
Savings.
(a.)
All persons duly admitted and enrolled as barristers or solicitors under any such enactment, and so subsisting on the coming into operation of this Act, shall be deemed to be duly admitted and enrolled under this Act.
(b.)
All rolls made and all certificates issued under any such enactment, and so subsisting as aforesaid, shall be deemed to be made and issued respectively under this Act.
(c.)
All Orders in Council, rules, regulations, by-laws, and orders made under any such enactment, and so subsisting as aforesaid, shall be deemed to be made under this Act.
(d.)
The New Zealand Law Society and all District Law Societies constituted under any such enactment, and so subsisting as aforesaid, shall be deemed to be constituted under this Act as the same societies respectively, without change of corporate entity or otherwise.
(e.)
All examinations passed under any such enactment shall be deemed to have been passed as the corresponding examinations under this Act.
(f.)
All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
(3.)
This Act is divided into Parts, as follows:—
Part I.—Qualification, Examination, Admission, and Powers of Barristers and Solicitors. (Sections 3 to 57.)
Part II.—Law Societies. (Sections 58 to 81.)
2 Interpretation.
1878, No. 36, sec. 3 1882, No. 69, sec. 4 1896, No. 11, sec. 2
In this Act, if not inconsistent with the context,—
“Candidate” means any person, male or female, applying to be admitted a barrister or a solicitor of the Court:
“Court” means the Supreme Court:
“District Law Society” means the Law Society of a judicial district under this Act:
“Judge” means a Judge of the Supreme Court:
“Judicial district” and “district”
mean a district of the Supreme Court under “The Judicature Act, 1908”
:
Provided that when within any judicial district of the Court there are constituted separate portions thereof for the purposes of delivery of pleadings and other proceedings in the Court, then every such portion of such judicial district shall be deemed to be a judicial district of the Court:
“Registrar” means a Registrar of the Court:
“Roll” means any book, parchment, or paper on which the Registrar of the Court inscribes the names of persons admitted as barristers or solicitors of the Court.
Part I Qualification, Examination, Admission, and Powers of Barristers and Solicitors
Barristers. Qualification
3 Registrar to keep roll.
1882, No. 69, sec. 5
Every Registrar shall keep in his office a roll on which shall be inserted the name of every person admitted as a barrister of the Court.
4 Qualifications as barristers.
Ibid, sec. 6 1883, No. 28, secs. 2, 3, 5 1896, No. 11, sec. 2 1896, No. 22, sec. 2 1903. No. 65, sec. 2
(1.)
Every person, male or female, of the age of twenty-one years and upwards coming within any of the descriptions specified in this section shall, on complying with the other provisions of this Act, be entitled to be admitted and enrolled as a barrister of the Court:—
(a.)
Any person who is admitted as a barrister in any superior or Supreme Court of any part of the British dominions, and who has passed an examination, as hereinafter provided, in the law of New Zealand in as far as it differs from the law of England:
Provided that he shall not be required to pass any such examination if he has been in practice as a barrister in any part of the United Kingdom for not less than three years:
(b.)
Any person who is admitted as a solicitor of the Court, provided no rule or enactment is in force to the effect that practitioners shall not practise both as barristers and solicitors, and who has passed an additional examination, as hereinafter provided, in general knowledge and in law:
1883, No. 28, sec. 5
(c.)
Any person who is a graduate of any university of any part of the British dominions, and who has passed an examination, as hereinafter provided, in law:
Provided that if he has taken the degree of Bachelor of Laws, then he shall be required to pass only an examination, as hereinafter provided, in the law of New Zealand in as far as it differs from the law of England, and in the practice of law:
(d.)
Any person who has passed an examination, as hereinafter provided, in general knowledge and in law.
1882, No. 69, sec. 4
(2.)
In paragraph (a) of this section “barrister”
includes any advocate who is duly authorised to exercise the like functions as barristers in England are authorised to exercise.
5 Special as to New Zealand solicitors.
1898, No. 34, sec. 2
Any solicitor of the Court not admitted as a barrister shall be entitled to be admitted and enrolled and to practise as a barrister on application in that behalf to a Judge if the Judge is satisfied that the applicant is of good character and for at least five years continuously next preceding the date of application has been in active practice as such solicitor or as managing clerk to a solicitor of the Court, and has himself been a solicitor of the Court during such period.
Examination and Admission
6 Candidates to be examined.
1882, No. 69, sec. 7
The Court or a Judge thereof, before admitting any candidate, shall examine and inquire, or cause to be examined and inquired, by such ways and means as the Court or Judge thinks proper, touching—
(a.)
The admission of the candidate, if previously admitted as a barrister as aforesaid;
(b.)
The character of the candidate; and
(c.)
The fitness and capacity of the candidate to act as a barrister of the Court.
7 Order for enrolment of qualified persons.
Ibid, sec. 8
The Court or Judge, if satisfied by examination and inquiry, or by a certificate of examiners as hereinafter provided, that such candidate is duly qualified and competent to act as a barrister, shall make an order directing the name of the candidate to be placed upon the rolls of the Court as a barrister, and the same shall be so placed by the Registrar accordingly.
8 Examiners to be appointed.
Ibid, sec. 9
For the purpose of the examination and inquiry respecting the several matters hereinbefore specified, the Judges or any three or more of them may from time to time appoint such persons as they think fit to be examiners for the purpose of examining candidates and giving certificates that such candidates have satisfactorily passed an examination for the purposes hereinbefore mentioned:
Provided that nothing herein shall preclude such Judges from appointing any of themselves to be an examiner or examiners for the purpose aforesaid.
9 Judges may make rules for examinations.
Ibid, sec. 10
Subject to the provisions of this Act, the Judges or any three or more of them shall from time to time make such general rules and regulations as they think fit touching the qualification and examination of candidates, and touching the evidence of previous admission and of character, and touching any other matters whatever relating to the admission of barristers of the Court.
10 Provisions to be contained in rules
1882, No. 69, sec. 11
Such rules and regulations shall prescribe the respective examinations in general knowledge and in law, and in the law of New Zealand in as far as it differs from the law of England, for candidates required to pass the same respectively as provided by section four hereof.
11 Powers of barristers.
Ibid, sec. 12
Barristers of the Court shall have all the powers, privileges, duties, and responsibilities that barristers have in England.
12 Barristers may be removed from roll.
Ibid, sec. 13
Any barrister shall be removable by the Court from the roll for reasonable cause, whensoever and wheresoever the same arises, in the manner hereinafter provided.
13 No person to act as a barrister unless a barrister under this Act.
Ibid, sec. 14
(1.)
No person shall act as a barrister in any Court whatever who is not at the time of his so acting a barrister on the roll.
(2.)
Every person so acting and not being on the roll shall be deemed to be guilty of a contempt of the Court in which he so acts, and may be punished accordingly, and shall also be liable to a fine not exceeding fifty pounds for every such offence.
Solicitors. Qualification
14 Registrar to keep roll, and solicitors to be enrolled.
Ibid, sec. 15
Every Registrar shall keep in his office a roll on which shall be inscribed the name of every person admitted as a solicitor of the Court.
15 Qualification of solicitors.
Ibid, sec. 16 1883, No. 28, sec. 5 1896, No. 11, sec. 2 1896, No. 22, sec. 2 1903, No. 65, sec. 2
(1.)
Every person, male or female, of the age of twenty-one years and upwards coming within any of the descriptions specified in this section shall, on complying with the other provisions of this Act, be entitled to be admitted and enrolled as a solicitor of the Court:—
(a.)
Any person who is admitted as a barrister of the Court, provided no rule or enactment is in force to the effect that practitioners shall not practise both as barristers and solicitors:
(b.)
Any person who is admitted as a solicitor in any superior or Supreme Court of any part of the British dominions, and who has passed an examination, as hereinafter provided, in law, including the law of New Zealand in as far as it differs from the law of England:
Provided that he shall not be required to pass any such examination if he has been in practice as a solicitor in any part of the United Kingdom for not less than three years:
(c.)
Any person who has taken a degree in arts, science, or law from some university or other body in any part of the British dominions having power by law to grant such degrees, and who has passed an examination, as hereinafter provided, in law:
Provided that if he has taken the degree of Bachelor of Laws, then he shall be required to pass only an examination, as hereinafter provided, in the law of New Zealand in as far as it differs from the law of England, and in the practice of law:
(d.)
Any person who has passed an examination, as hereinafter provided, in general knowledge and in law.
1882, No. 69, sec. 4
(2.)
In paragraph (b) of this section “solicitor”
includes solicitor, attorney at law, and proctor in Great Britain and Ireland, and writer to the signet and solicitor before the Supreme Courts in Scotland; and includes solicitor, attorney, and every person in any other part of His Majesty’s dominions who is duly authorised to exercise therein the like functions as a solicitor is authorised to exercise in England.
Examination and Admission
16 Provisions for the examination of candidates for admission.
Ibid, sec. 17
The Court or a Judge thereof, before admitting any candidate to be a solicitor of the Court, shall examine and inquire, or cause to be examined and inquired, by such ways and means as the Court or Judge thinks proper, touching—
(a.)
The admission of the candidate if previously admitted as a solicitor in any superior or Supreme Court of any part of the British dominions, and the time when he ceased to act in such capacity;
(b.)
The character of the candidate; and
(c.)
The fitness and capacity of the candidate to act as a solicitor of the Court.
17 If Court or Judge satisfied, oaths to be administered, and person admitted.
Ibid, sec. 18
The Court or Judge, if satisfied by such examination and inquiry, or by a certificate of examiners as hereinafter mentioned, that such candidate is duly qualified and competent to act as a solicitor of the Court, shall administer or cause to be administered to him the oaths herein prescribed, and, after such oaths have been taken, shall cause him to be admitted and his name to be enrolled as a solicitor of the Court, which admission shall be in writing signed by the Judges or a Judge of the Court.
18 Oath on admission.
Ibid, sec. 19
Every person, before he is admitted and enrolled as a solicitor, shall take the oath of allegiance, and the oath following:—
I, A. B., do swear that I will truly and honestly demean myself in the practice of a solicitor according to the best of my knowledge and ability.
19 Judges to appoint examiners.
Ibid, sec 20
For the purpose of the examination and inquiry respecting the previous admission of any person and of his fitness and competency to act as a solicitor, the Judges, or any three or more of them, may from time to time appoint such persons as they think fit (being either the same persons appointed under section eight hereof or others) to be examiners and to give the certificates that any person applying for admission as a solicitor has satisfactorily passed an examination for the purposes hereinbefore mentioned.
20 Judges may make rules touching examinations, &c
Ibid, sec. 21
(1.)
The Judges, or any three or more of them, shall also have power from time to time to make such general rules and regulations as they think fit touching such examination, and touching the evidence of previous admission and of character, and touching any other matters relating to the admission and enrolment of solicitors.
(2.)
Such rules and regulations shall prescribe the respective examinations in general knowledge and in law, and in the law of New Zealand in as far as it differs from the law of England, for candidates required to pass the same respectively as provided by section fifteen hereof.
21 Final examination in law.
Ibid, sec. 22
The final examination, if more than one is prescribed, to be passed in law shall, as nearly as may be, have reference to the laws in force in New Zealand, and be of the same character and description as that for the time being prescribed in England for solicitors of the Supreme Court of Judicature in England.
Disqualification from Practice, &c
22 No solicitor to commence or defend actions if a prisoner.
1882, No. 69, sec. 23
(1.)
No solicitor who is a prisoner in any prison shall, during his confinement in prison, sue out any writ or process, or commence or prosecute or defend any action in any Court, as a solicitor, in his own name or in the name of any solicitor.
Offenders to be guilty of contempt, and incapable of recovering fees, &c
(2.)
Any solicitor who offends against this section shall be deemed to be guilty of a contempt of the Court in which he so acts, and be punishable accordingly, on the application of any person complaining thereof; and shall also be incapable of maintaining, in his own name or in the name of any other solicitor, any action in any Court whatever for the recovery of any fee, reward, or disbursement for or in respect of any business, matter, or thing done by him while such prisoner as aforesaid.
23 Solicitor acting as agent for persons not qualified; Ibid, sec. 24
If any solicitor—
(a.)
Wilfully and knowingly acts as agent in any action or matter in any Court whatever for any person not duly qualified to act as a solicitor, or permits or suffers his name to be made use of in any action upon the account or for the profit of any unqualified person, or sends any process to such unqualified person, or does any other act to enable such unqualified person to appear, act, or practise in any respect as a solicitor in any action or matter in such Court, knowing such person not to be duly qualified; or
Or employing persons suspended from practice, May be struck off rolls.
(b.)
Knowingly employs or permits, without the sanction of the Supreme Court or of a Judge thereof, any person who is under suspension from practice, or has been struck off the rolls of barristers or solicitors, to act as a clerk, writer, or otherwise, in or about his business of a solicitor,—
he may be struck off the rolls and for ever after disabled from practising as a solicitor, or may be suspended from practice for any period.
24 Unqualified persons practising may be imprisoned.
Ibid, sec. 25
In any such case as mentioned in the last preceding section hereof, on complaint made in a summary way against such unqualified person, the Supreme Court, on proof upon oath to its satisfaction that such unqualified person has acted or practised as aforesaid, may commit such person to any prison, without bail, for any term not exceeding one year.
25 No person to act as a solicitor unless a solicitor under this Act.
Ibid, sec. 41
No person shall act as a solicitor in any Court whatever who is not at the time of his so acting a solicitor enrolled according to the provisions of this Act; and any person who offends against this provision shall be deemed to be guilty of a contempt of the Court in which he so acts, and may be punished accordingly, and shall also be liable to a fine not exceeding fifty pounds for every such offence.
Bills of Costs
26 Solicitors may make agreements as to charges.
1882, No. 29, sec. 33
A solicitor may in writing agree with a client (not being an aboriginal Native or half-caste) respecting the amount and manner of payment of the whole or any past or future services, fees, charges, or disbursements in respect of business done or to be done by such solicitor, either by a gross sum or by commission, percentage, or salary, or otherwise:
Provided that if the agreement appears to a Judge to be unfair and unreasonable he may reduce the amount agreed to be payable under such agreement:
Provided also that the solicitor making such agreement shall not make any further charges than those mentioned in the agreement.
27 Charges against Natives to be liable to taxation.
1882, No. 29, sec. 34
If any solicitor acts in any capacity or in any Court for any Native or half-caste, whether as Native agent or solicitor, all charges made by him shall be liable to taxation and review by a Judge in a summary way, and shall be deemed to have been charges made for services rendered as a solicitor.
28 Solicitor not to commence action for costs till one month after delivery of the bill.
1882, No. 69, sec. 27
(1.)
No solicitor shall commence or maintain any action for the recovery of any fees, charges, or disbursements for any business done by him until the expiration of one month after a bill of such fees, charges, and disbursements, signed by the solicitor (or, in the case of a partnership, by any of the partners with the name of such partnership), or enclosed in or accompanied by a letter signed in like manner referring to such bill, has been delivered to the party chargeable.
(2.)
Such delivery may be effected either by personal delivery to the party chargeable or by leaving the bill or letter for him at his place of business, or dwellinghouse, or last known place of abode, or by forwarding the same to him by post in a registered letter addressed to him as aforesaid.
(3.)
Nothing in this section shall be deemed to repeal, annul, or limit the operation of any enactment wherein special provision is made as to solicitors’ bills of costs.
29 Reference of bill for taxation.
Ibid, sec. 28
Upon the application of the party chargeable by such bill within such month, whether the business contained in such bill or any part thereof has been transacted in any Court or not, a Judge may refer, on such terms as he thinks fit, such bill and the demand of such solicitor thereupon to be taxed and settled by the Registrar.
30 Taxation after one month.
Ibid, sec. 29
(1.)
In case no such application is made within a month as aforesaid, then such reference may be made either upon the application of the solicitor whose bill is so delivered, or upon the application of the party chargeable by such bill, with such directions and subject to such conditions as the Judge making such reference thinks proper.
(2.)
The Judge may restrain such solicitor from commencing or prosecuting any action touching such demand, pending such reference, upon such terms as he thinks fit.
Taxation after twelve months under special circumstances. Ibid, sec. 30
(3.)
No such reference as aforesaid shall be directed on an application made by the party chargeable with such bill after a verdict or judgment has been obtained in any action for the recovery of the demand of such solicitor, or after the expiration of twelve months after such bill has been delivered as aforesaid, except under special circumstances to be proved to the satisfaction of the Judge to whom the application for such reference is made.
Ex parte taxation.
(4.)
Upon every such reference, if either the solicitor whose bill has been delivered, or the party chargeable with such bill, having due notice, refuses or neglects to attend such taxation, the officer to whom such reference is made may proceed to tax and settle such bill and demand ex parte.
Payment of costs of taxation. 1882, No. 69, sec. 31
(5.)
If any such reference is made on the application of the party chargeable, or on the application of such solicitor, and the party chargeable attends upon such taxation, the costs of such reference shall, except as hereinafter provided, be paid according to the event of such taxation—that is to say, if such bill when taxed is less by a sixth part than the bill delivered, then such solicitor shall pay such costs; and if such bill when taxed is not less by a sixth part than the bill delivered, then the party chargeable shall pay such costs.
Form of order for taxation. Taxing officer’s certificate.
(6.)
Every order made for such reference as aforesaid shall direct the officer to whom such reference is made to tax the costs of such reference to be so paid as aforesaid, and to certify what, upon such reference, is found to be due to or from such solicitor in respect of such bill and demand, and of the costs of such reference if payable:
Provided that such officer shall in all cases be at liberty to certify specially any circumstances relating to such bill or taxation; and the Judge may make thereupon any such order as he thinks fit respecting the payment of the costs of such taxation.
Costs of special reference.
(7.)
Where such reference is made, when the same is not authorised to be made except under special circumstances as hereinbefore provided, then the Judge may, if he thinks fit, give special directions relative to the costs of such reference.
31 Judge may order solicitor to render his bill, and deliver up deeds, &c.
Ibid, sec. 32
The Judge, in the same cases in which he is authorised to refer a bill which has been delivered as aforesaid, may make such order for delivery by the solicitor of such bill as aforesaid, and for the delivery-up of deeds, documents, or papers in his possession, custody, or power, or otherwise touching the same, in the same manner as where any such business has been transacted in the Court.
32 Evidence of delivery of bill.
Ibid, sec. 33
It shall not in any case be necessary in the first instance for any solicitor in proving a compliance with this Act, to prove the contents of the bill he may have delivered; but it shall be sufficient to prove that a bill of fees, charges, or disbursements, signed in the manner aforesaid, or enclosed in or accompanied by such letter as aforesaid, was delivered in manner aforesaid:
Provided that it shall be competent for the other party to show that the bill so delivered was not such a bill as constituted a bona fide compliance with this Act.
33 Judge may authorise action for charges, &c., before expiration of month.
Ibid, sec. 34
A Judge may authorise a solicitor to commence an action for the recovery of his fees, charges, or disbursements against the party chargeable therewith, although one month has not expired from the delivery of a bill as aforesaid, on proof to the satisfaction of the Judge that there is probable cause for believing that such party is about to quit New Zealand.
34 Bills may be taxed on application of third parties.
Ibid, sec. 35 Special circumstances to be taken into consideration.
Where any person, not the party chargeable with any such bill within the meaning of the provisions hereinbefore contained, is liable to pay or has paid such bill either to the solicitor or to the party chargeable with such bill as aforesaid, such person may make such application for a reference for the taxation and settlement of such bill as the party chargeable therewith might himself make, and the same reference and order shall be made thereupon, and the same course pursued in all respects, as if such application was made by the party so chargeable with such bill as aforesaid:
Provided that, in case such application is made when under the provisions herein contained a reference is not authorised to be made except under special circumstances, the Judge to whom such application is made may take into consideration any additional special circumstances applicable to the person making such application, although such circumstances might not be applicable to the party so chargeable with the said bill as aforesaid if he was the party making the application.
35 Judge may direct taxation of bills chargeable on executors, trustees, &c.
1882, No. 69, sec 36
(1.)
Where a trustee, executor, or administrator has become chargeable with any such bill as aforesaid, a Judge, if in his discretion he thinks fit, on the application of a party interested in the property out of which such trustee, executor, or administrator has paid or is entitled to pay such bill, may refer the same, and such solicitor’s demand thereon, to be taxed and settled by the Registrar, with such directions and subject to such conditions as such Judge thinks fit; and may make such order as he thinks fit for the payment of what may be found due, and of the costs of such reference, to or by such solicitor by or to the party making such application, having regard to the provisions herein contained relative to applications for the like purpose by the party chargeable with such bill, so far as the same are applicable to such cases.
Interest of parties to be considered.
(2.)
In exercising such discretion as aforesaid the Judge may take into consideration the extent and nature of the interest of the party making the application.
Judge may direct to whom money shall be paid.
(3.)
But where any money is so directed to be paid by such solicitor, a Judge, if he thinks fit, may order the same or any part thereof to be paid to such trustee, executor, or administrator so chargeable with such bill, instead of being paid to the party making such application; and where the party making the application pays any money to such solicitor in respect of such bill, he shall have the same right to be paid by such trustee, executor, or administrator so chargeable with such bill as such solicitor had.
36 Copy of bill to be delivered to persons applying for reference for taxation.
Ibid, sec. 37
For the purpose of any such reference, upon the application of the person not being the party chargeable within the meaning of the provisions aforesaid, or of a party interested as aforesaid, the Judge may order any such solicitor to deliver to the party making such application a copy of such hill, upon payment of the costs of such copy.
37 No retaxation.
Ibid, sec. 38
No bill which has been previously taxed and settled shall be again referred unless, under special circumstances, the Judge to whom such application is made thinks fit to direct a retaxation thereof.
38 Taxation of bill after payment.
Ibid, sec. 39
The payment of any such bill as aforesaid shall in no case preclude the Judge to whom application is made from referring such bill for taxation, if the special circumstances of the case, in the opinion of such Judge, appear to require the same, upon such terms and conditions and subject to such directions as to such Judge seem right:
Provided the application for such reference is made within twelve months after payment.
39 Application for taxation.
Ibid, sec. 40 Certificate to be final.
(1.)
All applications under this Act to refer any such bill as aforesaid to be taxed and settled, and for the delivery of such bill, and for the delivering-up of deeds, documents, and papers, shall be made in the matter of such solicitor; and upon the taxation and settlement of any such bill the certificate of the officer by whom such bill is taxed shall (unless set aside or altered by order or rule of Court) be final and conclusive as to the amount thereof.
Judgment may be entered.
(2.)
Payment of the amount certified to be due and directed to be paid may be enforced according to the course of the Court; and the Judge may order judgment to be entered up for such amount with costs, unless the retainer is disputed, or make such other order thereon as he deems proper.
40 Bill of costs may be referred to Registrar or Magistrate for taxation.
1902, No. 40. sec. 2
(1.)
Notwithstanding anything contained in sections twenty-eight to thirty-nine hereof, any party chargeable with any such bill of costs may, within thirty days after receiving such bill, elect to refer such bill of costs to a Registrar or a Magistrate, who may reduce such bill of costs to such amount as he considers fair under the circumstances:
Provided that such party shall serve the solicitor concerned with a notice that he intends to take such action seven clear days before the day upon which the reference is proposed to be made.
Costs of reference. Ibid, sec. 3
(2.)
In considering the question of costs the Registrar or Magistrate may award to either party such costs of the reference as may be considered reasonable.
Regulations. Ibid, sec. 4
(3.)
The Governor may, by Order in Council gazetted, make regulations necessary for carrying out the provisions of this section.
41 Definition of solicitor and Judge.
In the foregoing sections of this Act relating to bills of costs the term “solicitor”
includes the executor, administrator, or assign of the solicitor; and the term “Judge”
includes the Court.
Barristers and Solicitors. Reciprocal Admission
42 Reciprocal admission of barristers and solicitors.
1903, No. 65, sec. 3
(1.)
Where the Governor is satisfied—
(a.)
That the regulations respecting the admission of persons as barristers or solicitors of the superior Court in any part of the British dominions other than the United Kingdom are such as to secure that those persons possess proper qualifications and competency; and
(b.)
That by the law of that part of the British dominions barristers or solicitors of the Supreme Court of New Zealand will be entitled to admission as barristers or solicitors of the said superior Court on terms as favourable as those on which barristers or solicitors of that Court will under this Act be entitled to admission as barristers or solicitors of the Supreme Court of New Zealand,—
he may by Order in Council order that barristers or solicitors of the said superior Court who have been in practice before such Court for not less than three years shall, on giving due notice and the prescribed proof of their qualifications and good character, and on payment of the prescribed fees, but subject to any exceptions, conditions, and modifications specified in the Order, be admitted as barristers or solicitors of the Supreme Court of New Zealand without examination.
(2.)
Such Order may refer to barristers only, or to solicitors only, or to barristers and solicitors.
(3.)
Every such Order shall have full effect, and every person admitted thereunder shall be deemed to have been duly admitted under this Act.
1903, No. 65, sec. 4
(4.)
The Governor may by the same or any subsequent Order provide for all matters authorised by this section to be prescribed, and for all matters necessary for giving effect to the Order and to this section.
Conveyancing
43 Barristers and solicitors only to act as conveyancers.
1882, No. 69, sec. 42
Except in the case of a person duly acting under and within the authority of a license duly granted and in force under “The Land Transfer Act, 1908,”
or any other Act, every person who, not being a barrister or solicitor of the Court, acts as a conveyancer is liable for every such offence to a fine not exceeding fifty pounds.
Certificates
44 No barrister to act as such unless he has certificate.
Ibid, sec. 43
(1.)
No barrister shall act as such unless he has obtained from the Court a certificate which is then in force to the effect that he is on the roll of the Court as a barrister thereof.
(2.)
Any barrister who offends against this provision shall be deemed guilty of a contempt of Court, and shall be liable to a fine not exceeding fifty pounds.
45 No solicitor to act as such unless he has certificate.
Ibid, sec. 44
(1.)
No solicitor shall act as such unless he has obtained from the Court a certificate which is then in force to the effect that he is on the roll of the Court as a solicitor thereof.
(2.)
Any solicitor who offends against this provision shall be deemed guilty of a contempt of Court, and shall be liable to a fine not exceeding fifty pounds.
46 Registrar on application shall issue certificate.
Ibid, sec. 45
On application made to him for that purpose by any barrister or solicitor whose name is on the rolls of the Court as such respectively, any Registrar shall issue a certificate to him under the seal of the Court accordingly; and any such certificate shall be in force from the tenth day of January next after the issue thereof till the tenth day of January following, or, if the person applying for the. same so requires, until the tenth day of January only next following the issue thereof.
Trust Accounts
47 Practitioners to pay clients’ moneys into trust account at bank.
1892, No. 36, sec. 2
(1.)
All moneys received for or on behalf of any person by any barrister or solicitor shall be held by him exclusively for such person, to be paid to such person or as he directs, and until so paid such moneys shall be paid into a bank carrying on business under the authority of an Act of the General Assembly to a general or separate trust account.
(2.)
Such moneys shall not be available for payment of the debts of any other creditor of such barrister or solicitor, nor shall such moneys be liable to be attached or taken in execution under the order or process of any Court at the instance of any such creditor.
(3.)
The word “person”
in this section includes a company or other corporate body.
(4.)
Any barrister or solicitor who knowingly acts contrary to the provisions of this section is liable for every such offence to a fine not exceeding one hundred pounds.
(5.)
Nothing in this section shall be construed to take away or affect any just claim or lien which any barrister or solicitor as aforesaid may have against any moneys so received by him.
Fees
48 Fees payable on examination and admission.
1882, No. 69, sec. 46
The several sums of money mentioned in the Second Schedule hereto shall be taken and received as fees for the matters therein specified.
49 Appropriation of fees to maintenance of law libraries.
Ibid, sec. 47
All fees payable and received under this Act in any judicial district shall, until the establishment of a District Law Society therein, be applied, in such proportions and in such manner as the Judges or any three or more of them from time to time direct, in the purchase and maintenance of law libraries at such towns in New Zealand as such Judges or any three or more of them appoint, and all such libraries shall be for the use of the Court and the barristers and solicitors of such Court.
50 Court or Judge may make rules for management of library.
Ibid, sec. 48
Subject to the provisions hereinafter mentioned, the Court, or any three or more of the Judges, may from time to time, until a District Law Society is established within such district, make regulations for the management of all such law libraries therein, and impose fines not exceeding five pounds for any breach of the same.
51 District Society to receive fees payable in its district; Ibid, sec. 49
And apply same to libraries, &c.
(1.)
Every District Law Society of a district now or hereafter established shall be entitled to all fees payable and received under this Act within such district.
(2.)
All such fees shall form one fund, and shall be managed by the Council of such District Law Society, and shall be applied by such Council, in such manner as the Council from time to time directs, in the purchase and maintenance of law libraries in such towns in New Zealand as the Council directs, and for the preparation and publication of reports of legal decisions given in or affecting New Zealand, and for all such other purposes of or incidental to the objects of such society as may be authorised by the by-laws or rules of the society.
District law libraries.
(3.)
Every such library shall be for the use of the Supreme Court and such other Courts as the Council of the District Law Society, if any, for the district within which such library is, or if there is no such society therein, then as the Judges direct, and of the barristers and solicitors of the Court: and all law libraries within a district shall be managed as the Council of the District Law Society directs.
52 Judges may pay fees to examiners out of fees received.
Ibid, sec. 50
(1.)
Out of the fees received under this Act the Judges or any three or more of them may from time to time appropriate such reasonable sums as they deem necessary for the purpose of paying fees to the examiners appointed by them to conduct or assist in the examination of candidates for admission as barristers or solicitors of the Court, and for purposes connected with such examination; and such fees may be appropriated out of the fees received under this Act in any judicial district in such proportion and manner as the said Judges think fit, notwithstanding the establishment of any District Law Societies.
(2.)
Such appropriation shall be made only out of the fees paid by barristers or solicitors for examinations and admissions.
53 Examiners’ fees to be first charge on fees received by Law Societies.
Ibid, sec. 51
(1.)
All moneys payable for the purposes of any such examination shall be defrayed by the Councils of the several District Law Societies upon the order of a Judge, and shall be a first charge on the fees liable to appropriation as hereinbefore mentioned.
Proportion to be paid by each society. Ibid, sec. 52
(2.)
The amount chargeable against and payable in every year by each District Law Society shall bear the same proportion to the total appropriation out of the said fees as the fees received by such society bear to the aggregate of the like fees received throughout New Zealand,
Striking Barristers or Solicitors off the Rolls: Summary Jurisdiction of Court, &c.
54 Applications for striking off roll to be by rule nisi.
1882, No. 69, sec. 53
Applications to strike a barrister or solicitor off the roll shall be made by motion in the Court for a rule nisi.
55 Procedure thereon.
Ibid, sec. 53
Whenever a rule nisi is granted by the Court calling upon a barrister or solicitor on the roll to show cause why he should not be struck off the roll,—
Court may discharge rule.
(a.)
The Court may discharge such rule on cause being shown before it, if it thinks fit; or
May suspend from practice.
(b.)
The Court may direct and order, if it thinks fit, on cause being shown against such rule, that the barrister or solicitor against whom it was granted shall be suspended from acting as barrister or solicitor, and from enjoying all or any of the privileges of such barrister or solicitor, until the decision of the Court of Appeal upon such rule; or
Court of Appeal may make order.
(c.)
If, on cause being shown, the Court is of opinion that the rule ought to be made absolute, or that it is doubtful whether the rule ought to be discharged or made absolute, the Court shall reserve the case for the consideration of the Court of Appeal at its next sitting, and shall cause such rule, and all affidavits made in support of or against such rule, and all other proceedings referred to in such rule, to be forthwith transmitted to the Registrar of the Court of Appeal; and the Court of Appeal shall at its next sitting, whether the party or his counsel appears in support of or against such rule or not, decide thereupon, and order such rule to be made absolute or to be discharged, or may make such other order therein as it thinks fit.
56 Supreme Court may summarily suspend from practice on reasonable grounds.
Ibid, sec. 54
(1.)
Nothing in this Act, except as mentioned in the last preceding section, shall affect the summary jurisdiction of the Court over barristers and solicitors; but such Court shall have full power to suspend from practice or attach any barrister or solicitor, or to make such order as it thinks fit respecting the practice of such barrister or solicitor, on reasonable cause shown.
May reserve any questions thereon for Court of Appeal.
(2.)
The Court may in its discretion reserve any question arising on any application for the exercise of its summary jurisdiction upon a barrister or solicitor for the decision of the Court of Appeal upon a case stated, and the Court of Appeal shall have full power and authority to decide thereon and make such order as it thinks fit.
57 Barrister or solicitor convicted of certain crime not to practise.
Ibid, sec. 26
(1.)
No person convicted in any part of the British dominions of felony or perjury, or subornation of perjury, shall be enrolled or admitted to practice or shall practise as a barrister or solicitor in New Zealand; and every person so convicted who practises as a barrister or solicitor of the Court is liable to a fine of five hundred pounds for every such offence.
(2.)
Nothing herein shall, except as is herein specially provided, be deemed to alter or affect the existing powers of the Court or any Judge thereof to refuse to enrol or admit to practice as a barrister or solicitor any person whomsoever, or to affect the summary jurisdiction of the said Court or any Judge thereof over barristers and solicitors.
(3.)
Nothing herein shall apply to any person who has obtained a free pardon for such felony or perjury, or subornation of perjury.
(4.)
In New Zealand and elsewhere in the British dominions where the division of crimes into felonies and misdemeanours has been abolished, the term “felony”
in this section means any crime which would be a felony if such division still existed.
Part II Law Societies
District Law Societies
58 Power to constitute District Law Societies.
1878, No. 36, sec. 4
The barristers and solicitors of the Court (hereinafter referred to as “practitioners”
), residing and practising within the limits of any judicial district, present at any meeting duly convened as hereinafter provided may resolve that the practitioners residing within the limits of such district shall be associated as a District Law Society by the name of “The Law Society of the District of ”
or “The Law Society of the District”
[Inserting the name of such judicial district], and every such resolution passed by any such meeting shall be published in the Gazette; and from and after the publication thereof all practitioners then residing and practising in such judicial district, and all such practitioners thereafter admitted members in manner hereinafter provided, shall be members of such District Law Society, and subject to the by-laws, rules, and orders thereof.
59 How meetings to be convened.
Ibid, sec. 5
(1.)
A meeting of the practitioners residing and practising within any judicial district shall be deemed, for the purpose of forming a District Law Society under this Act, to be duly convened if a circular signed by any two or more such practitioners residing and practising in such judicial district, stating the purpose for which such meeting is to be held, and the time and place for holding the same, is delivered or sent by post to every such practitioner residing and practising within such district seven days at the least before the day named in such circular as that upon which the meeting is to be held, and if notice of such meeting is also given by advertisement in some newspaper published and circulating in such judicial district:
Provided that the accidental omission to deliver or send such circular to any one or more of such practitioners shall not render the proceedings at any such meeting invalid.
Quorum. Ibid, sec. 6
(2.)
No business of any kind shall be transacted at any such meeting unless one-third at least of the said practitioners residing and practising within the district are present thereat, or represented by proxies appointed in writing under their hands.
60 Meeting may elect officers and make by-laws.
Ibid, sec. 7
The said practitioners present at any meeting so convened as aforesaid, or at any adjournment thereof, may elect a president, vice-presi dent, and members of a Council of such society, and such other officers as are deemed expedient; and may also make such by-laws, rules, and orders as the New Zealand Law Society at any general meeting has power to make as hereinafter mentioned, so as the same are not contrary or repugnant to the by-laws, rules, and orders of the said New Zealand Law Society, and within such district such first-mentioned by-laws, rules, and orders shall have full force and effect as if they had been duly made by the New Zealand Law Society.
61 Number and powers of Council.
1878, No. 36, sec. 8
The Council of every District Law Society shall consist of such members, not being less than five nor more than nine, as is determined by the by-laws, rules, and orders so made as aforesaid, and shall have within the judicial district the like powers as are conferred upon the Council of the New Zealand Law Society by this Act.
62 Council to admit members.
Ibid, sec. 9
Every District Law Society shall have power from time to time to admit, in the manner and subject to the conditions prescribed by its by-laws, rules, and orders, any practitioner residing or practising within the limits of such judicial district to be a member of such society.
63 Council may appoint person to conduct prosecutions, &c.
Ibid, sec. 10
The Council of any District Law Society may appoint any practitioner, whether residing or practising within such judicial district or not, to appear before any Court in any matter affecting the interest of such society or the members thereof, or in which such society is concerned or interested; and any barrister so appointed shall have audience in any Court for the purpose of conducting prosecutions instituted by such society for the breach of any statute or rules relating to the practice of the law or the preparation of deeds or instruments relating to real or personal estate, and also for the purpose of opposing or objecting to any application made by any person under this Act, and also for the purpose of moving that any solicitor practising within the district be suspended from practice, struck off the roll of solicitors, or otherwise dealt with on the ground of professional misconduct.
64 Prosecutions on behalf of society.
Ibid, sec. 11
The president, vice-president, or any other officer of any District Law Society duly authorised by the society in that behalf may institute prosecutions and other proceedings in his own name as such president, vice-president, or other officer for the breach of any statute or rules relating to the practice of the law or the preparation of deeds or instruments relating to real or personal estate; and, unless otherwise proved to the contrary, every such prosecution or other proceeding shall be deemed to be instituted by and on behalf of such society.
65 Appeal.
Ibid, sec. 12
Any member of any District Law Society aggrieved by the decision of such society in any matter affecting himself may appeal from such decision to the Council of the New Zealand Law Society; and such appeal shall be considered and heard by such last-named Council in such manner as the said Council by regulations in that behalf directs, and the decision of such Council shall be final and conclusive.
66 In case of vacancy Governor may appoint president
Ibid, sec. 13
The Governor may from time to time, by warrant under his hand, appoint the president of any District Law Society whenever the office of any such president has been vacant for a period of three months.
New Zealand Law Society
67 Incorporation of Society.
1869, No. 63, sec. 2 1902, No. 28, sec. 2 Name of the Corporation. The Society may sue and be sued.
All practitioners who for the time being are members of any District Law Society shall for ever hereafter be and be called one body politic and corporate in deed and in law by the name and style of “The New Zealand Law Society,”
and by that name may sue and be sued in any Court in New Zealand in the same manner and form and as fully and effectually as any person in New Zealand may or can do.
68 Society to have a common seal.
1869, No. 63, sec. 3
The New Zealand Law Society (hereinafter called “the Society”
) shall have and use a common seal, and may from time to time at its will and pleasure break, change, or alter the same, or make a new seal, as to the Society seems expedient.
69 To have perpetual succession, and may purchase land to a limited extent.
Ibid, sec. 4
The Society shall have perpetual succession, and be capable in law of acquiring any lands or any estate therein of what nature or kind soever, the yearly value of which shall not exceed in the whole at any one time the sum of five hundred pounds, computing the same at the rack-rent which might have been obtained for the same at the time of the acquisition thereof.
70 Land may be disposed of.
Ibid, sec. 5
The Society may also from time to time sell, convey, demise, exchange, and dispose of or mortgage any of the lands wherein it has any estate or interest or which it so acquires as aforesaid, but so that no sale, mortgage, incumbrance, or other disposition thereof shall be made except with the concurrence of a general meeting to be held in manner hereinafter mentioned.
71 Bodies politic and corporate may give lands to the Society.
Ibid, sec. 6
Any person or body politic or corporate may sell, give, convey, assign, dispose of, or devise in perpetuity or otherwise to or to the use and benefit of or in trust for the Society, any lands or any interest therein not exceeding (with the lands previously acquired and then held by the Society) such yearly value as aforesaid.
72 Election of Council.
Ibid, sec. 9 1896, No. 22, secs. 3–6
(1.)
For the good government of the Society there shall be a Council of the Society to be elected annually in manner following:—
(a.)
Each of the respective District Law Societies for the Northern District, the Wellington District, the Canterbury District, and the Otago and Southland District shall elect two members of the Council; and
(b.)
Each of the respective District Law Societies for the other districts throughout New Zealand shall elect one member of the Council.
(2.)
Every member elected by each District Law Society shall be elected at the annual meeting of such society, and shall hold office until his successor is elected.
(3.)
Every retiring member shall be eligible for re-election.
(4.)
If any such society at any time fails to elect a member, the District Council of such society may do so in its stead, and the. fact that such District Council so elects shall be sufficient evidence of its authority to do so.
73 President and vice president.
1869, No. 63, sec. 9 1878, No. 36, sec. 13
(1.)
There shall be a president and vice-president of the Society elected by the Society from the members of the Council.
(2.)
The Governor may from time to time by warrant under his hand appoint the president of the said Society whenever the office of president has been vacant for a period of three months.
74 Powers of the Council.
1869, No. 63, sec. 12
Subject to the powers hereinafter vested in the general meetings of the Society, the Council shall have the sole management of the Society and of the income and property thereof for the purposes and benefit of the Society, and shall have the sole right of nominating, appointing, and removing such officers as it deems necessary, and prescribing their duties.
75 Meetings of Council.
1896, No. 22, sec. 7
The Council may hold meetings at such time and place as it thinks fit, but shall hold a meeting in Wellington on a date to be fixed by the president, being within fourteen days after the date appointed for the commencement of each periodical sitting of the Court of Appeal.
76 Quorum.
1869, No. 63. sec. 12
At each meeting of the Council five shall form a quorum.
77 General meetings may make by-laws.
Ibid, sec. 13
At any general meeting of the Society it shall be lawful for the members present to make such by-laws, rules, and orders as the majority of them think fit for—
(a.)
The regulation and good government of the Society and of the members and affairs thereof;
(b.)
Determining the manner of electing the president and vice-president, and also the period of their continuance in office, and the manner and time in which any vacancy in the office of president or vice-president, or any other vacancy in the. Council, by death, resignation, disqualification, or otherwise shall be supplied;
(c.)
Regulating the times and places at which meetings of the Council shall be held;
(d.)
The convening of ordinary or any special meetings of the members; and
(e.)
Generally for carrying the objects for which the Society is formed into full and complete effect, with power to impose reasonable fines (to be contained in such by-laws) on the offenders for non-performance of or for disobedience to the same.
78 Meetings of Society.
1896, No. 22, sec. 8
The Council may convene meetings of the Society and fix the time and place of meeting
79 Annual meeting.
1869, No. 63, sec. 14
The annual meeting of the Society shall be held in the month of October in every year or as soon thereafter as conveniently may be.
80 Chairman.
Ibid, sec. 15
At all meetings of the Society the president of the Society, if present, and if not. then the vice-president, and in the absence of the president and vice-president some one of the members of the Council chosen by the Council, and in the absence of the president, vice-president, and all the members of the Council, then some member of the Society to be chosen at the meeting, shall preside as chairman.
81 Members rendered incapable of practising to cease to be members.
Ibid, sec. 7
If any member of the Society, in consequence of the order of any Court of competent jurisdiction, is rendered incapable, by reason of malpractice, professional misconduct, or any other matter, of practising in the Supreme Court or in any of the Supreme Courts of justice in any part of the British dominions, such person shall forthwith cease to be a member of the Society.
SCHEDULES
FIRST SCHEDULE Enactments consolidated
1869, No. 63.—“The New Zealand Law Society’s Act, 1869.”
1878, No. 36.—“The District Law Societies Act, 1878.”
1882, No. 29.—“The Supreme Court Act, 1882”
: Sections 33 and 34.
1882, No. 69.—“The Law Practitioners Act, 1882.”
1883, No. 28.—“The Law Practitioners Act 1882 Amendment Act, 1883.”
1892, No. 36.—“The Law Practitioners Act, 1892.”
1896, No. 11.—“The Female Law Practitioners Act, 1896.”
1896, No. 22.—“The Law Practitioners and New Zealand Law Society Acts Amendment Act, 1896.”
1898, No. 34.—“The Law Practitioners Act Amendment Act, 1898.”
1902, No. 28.—“The Law Societies Act, 1902.”
1902, No. 40.—“The Solicitors’ Bills of Costs Act, 1902.”
1903, No. 65.—“The Law Practitioners Act, 1903.”
SECOND SCHEDULE Table of Fees to be paid
Section 48. 1882, No. 69, First Schedule. 1898, No. 34, sec. 2(2)
Barristers
| Under paragraphs (a) and (b) of section 4— | £ | s. | d. |
| For every examination | 2 | 2 | 0 |
| For every admission | 5 | 5 | 0 |
| Under paragraphs (c) and (d)of section 4— | |||
| For every examination | 5 | 5 | 0 |
| For every admission | 21 | 0 | 0 |
| Under section 5— | |||
| For every admission | 5 | 5 | 0 |
| Under section 44— | |||
| For every annual certificate, if holding a certificate under section 45 | 1 | 1 | 0 |
| If not holding a certificate under section 45 | 3 | 3 | 0 |
Solicitors
| Under paragraphs (a) and (b) of section 15— | |||
| For every examination | 2 | 2 | 0 |
| For every admission | 5 | 5 | 0 |
| Under paragraphs (c) and (d) of section 15— | |||
| For every examination | 2 | 2 | 0 |
| For every admission | 21 | 0 | 0 |
| Under section 45— | |||
| For every annual certificate, if holding a certificate under section 44 | 1 | 1 | 0 |
| If not holding a certificate under section 44 | 3 | 3 | 0 |
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Law Practitioners Act 1908
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