When engaging the services of a property lawyer or conveyancing professional, you need to have full trust in their expertise. In 2006, the Lawyers and Conveyancers Act was enacted to ensure homeowners and prospective buyers are protected in these situations.
In this article, we outline what the Act is, how it works, and what this means for you when finding a property lawyer or conveyancer.
What is the Lawyers and Conveyancers Act 2006?
This Act outlines the fundamental obligations and restrictions on lawyers and conveyancers. The primary purpose of the Lawyers and Conveyancers Act is to protect New Zealanders using legal services and conveyancing services and to maintain public confidence in the provision of these services.
What is the Lawyers and Conveyancers Act 2008?
In 2008, the Lawyers and Conveyancers Act was amended with updated Rules of Conduct and Client Care. These updates outline specifically how a lawyer or conveyancing lawyer should act when providing legal services.
Specifically, the rules relate to the administration of justice, competence, availability, independence, client interests, communication, confidentiality, fees, professional standards, professional practice, and third-party involvement. It also outlines the expectations around barristers, in-house lawyers, and real estate services.
The purpose of the Lawyers and Conveyancers Act
Maintaining public confidence
First and foremost, the Act aims to safeguard the public's confidence in legal services and conveyancing. By holding legal professionals accountable to these clear standards, the Act ensures New Zealanders receive a consistent quality of service.
Protecting consumers
Secondly, the Act protects the consumers of legal services and conveyancing services by setting a minimum standard for legal professionals to abide by. When it comes to buying or selling property, the value of this cannot be overstated.
Recognising conveyancing practitioners
Thirdly, the Act recognised the status of the legal profession and established the new profession of conveyancing practitioner. After 2006, only qualified and skilled persons were able to apply for registration with the New Zealand Society of Conveyancers.
Lawyers and Conveyancers Act Rules
As a homeowner or homebuyer, the legal jargon and complex rules in the Act can be daunting. To help you understand how the Act impacts you, we have summarised the relevant rules below:
Who can provide legal services in New Zealand?
The Lawyers and Conveyancers Act specifies that only qualified professionals can provide legal services and describe themselves as lawyers, law practitioners, barristers, solicitors, attorneys-at-laws, or counsels. A lawyer is anyone who holds a current practising certificate as a barrister, or as a barrister and solicitor.
Who can provide conveyancing services in New Zealand?
According to Section 32 of the Act, conveyancing services can only be provided by a lawyer, incorporated law firm, or conveyancing practitioner. To be legally recognised as a conveyancing practitioner, a person must hold a current practising certificate issued by the New Zealand Society of Conveyancers.
Fundamental obligations of lawyers
Every lawyer who provides regulated services must, in the course of their practice, comply with the following fundamental obligations:
- Uphold the rule of law and to facilitate the administration of justice in New Zealand:
- Be independent in providing regulated services to his or her clients:
- Act in accordance with all fiduciary duties and duties of care owed by lawyers to their clients:
- Protect the interests of their clients.
Practically they must act competently, in a timely way as discussed and agreed with you; ensure privacy and confidentiality; inform you about the services to be provided as appropriate and charge you fairly. A complaints service is available to you.
Fundamental obligations of conveyancing practitioners
Every conveyancing practitioner who provides regulated services must comply with the following fundamental obligations:
- Be independent in providing regulated services to their clients:
- Act in accordance with all fiduciary duties and duties of care owed by conveyancing practitioners to their clients:
- Protect the interests of their clients.
Glossary of legal definitions
Barrister or Solicitor
A person enrolled as a barrister and/or solicitor of the High Court and practising as a barrister, and/or solicitor.
Conveyancing
Conveyancing is the legal transfer of property ownership from one party to another, including the transfer of funds “settlement”, all the relevant legal and administrative work, and communication between the buyer, seller, solicitors, and banks.
Conveyancing practitioner or Conveyancer
A person who provides conveyancing services without themselves being a lawyer or acting under the supervision of a lawyer. To be legally recognised as a conveyancing practitioner, a person must hold a current practising certificate issued by the New Zealand Society of Conveyancers.
Lawyer or Law practitioner
A person who holds a current practising certificate as a barrister or as a barrister and solicitor.
Online Conveyancing Services NZ
Online Conveyancing Services NZ
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