• you have not practised as a barrister on own account before in New Zealand or Australia [see note 1]; and
• you intend to practise on your own account (that is, not as an employee of another barrister)

you will need to meet new criteria.

Under s 30(1)(a) of the Lawyers and Conveyancers Act (LCA) and R12 of the LCA (Lawyers: Practice Rules) Regulations 2008 [see note 2], the Council of the Law Society must be satisfied that a lawyer wishing to practise on his or her own account as a barrister sole is a suitable person to do so, having regard to:

• the lawyer’s legal experience; and
• the fields of law in which the lawyer intends to practise; and 
• any other matters the Council considers are relevant.

In the longer term, the Society, in discussion with the NZ Bar Association, is examining the setting of detailed criteria.  In the meantime, however, the Society’s Board, on 19.9.08, established an interim process and criteria.

The interim process and criteria will apply to all applications from intending new barristers on own account, where no practising certificate had been issued as at Friday 19 September 2008, and all applications received after that date.

Process

The "Application for a Practising Certificate" has been amended to reflect the change. The new version is on the Society's website at www.lawsociety.org.nz. Please use that version if it applies.  

Applications in this category will be dealt with administratively by the Society’s Registry, with any applications in which issues arise being referred to the Society's Fitness to Practise Committee for determination.

Criteria

(a)        Experience - applicants must have had at least 6 months' relevant experience in New Zealand within the last 8 years, being:

• legal work in the office of a lawyer in sole practice, a partnership of lawyers, or an incorporated law firm
• legal work in the office of a barrister sole
• legal work in a State service
• legal work in a local authority
• legal work as an employee of a company or other body
• full-time law teaching in a university, or
• as an MP.

This may include legal work undertaken pre-admission

(b)        Fields of law - applicants must state the fields of law in which they wish to practise, with supporting information on their ability to do so, such as practical experience, their academic record showing passes in related subjects, or successful completion of a relevant course such as the duty solicitor course.

Note 1: Special rules for Australian lawyers are set out in R.15 of the Practice Rules.

Note 2: There is also a requirement, under s 31(3), that where more than 10 years have elapsed since a lawyer last practised as a barrister on own account, he or she is not entitled to do so again until he or she has received adequate instruction to the satisfaction of the Council in the duties of a barrister. In the interim, applications in this category will be dealt with on a case by case basis.