Consultation on Proposed Changes to the Lawyers and Conveyancers Act 2006 - Survey Results

The New Zealand Law Society has released the results of its consultation on proposed changes to the Lawyers and Conveyancers Act 2006 and related regulations. While some proposals received support, the consultation produced mixed results overall, with significant concerns raised about several of the more far-reaching reforms.

Submitters identified potential risks associated with expanded information-sharing powers, reduced opportunities for independent review of regulatory decisions, and increased disciplinary powers for Standards Committees. Concerns centred on the impact these changes could have on confidentiality, natural justice, due process, practitioner wellbeing, and confidence in an independent and fair regulatory system.

The NZBA was particularly concerned about a proposal that would have enabled conditions to be imposed on practising certificates restricting the areas in which a lawyer could practise. The Association considered this proposal reflected a fundamental misunderstanding of the role of a barrister, whose practice is inherently dependent on accepting work across a range of matters as instructed by solicitors and clients. Such restrictions risk undermining the independence and flexibility of the referral Bar and could have unintended consequences for access to specialist advocacy services.

The NZBA's submission emphasised the importance of maintaining appropriate safeguards, preserving independent oversight, and ensuring reforms do not impose disproportionate regulatory burdens on practitioners. The Association's submission can be viewed on the NZBA website.