Lawyers and Conveyancers Bill

Briefly, Part 3 reflects Part 3 of the Law Practitioners Act and sets out the criteria for admission as a barrister and solicitor. Candidates for admission will continue to have to meet the criteria specified by the New Zealand Council of Legal Education.

As the Minister said, Part 3 replicates what is already contained in the Law Practitioners Act 1982. It deals with the admission and enrolment of barristers and solicitors, and there can be no objection to this part. Clause 40 deals with the right of every person who has satisfied the educational criteria and is of good character to be admitted as a barrister and solicitor. It is important to note that even if one chooses to practise as a barrister only, one is admitted as a barrister and solicitor. Clause 41 deals with the three categories of person who qualify for admission. The following clauses deal with evidence of qualifications and suitability.

Indeed, the only clause that is new to this part is clause 46A, which attempts to define who is a fit and proper person eligible for admission. The most important provision in that clause is paragraph (a) in subclause (1), which states that the Law Society can take into account whether the person is of good character. That term is not defined, nor can it reasonably be defined, because, in many instances, as the case law has indicated in the past, determining whether a person is of good character depends, obviously, on the particular circumstances.

With those brief comments in mind, I do not think the time of the Committee need be detained any further.

The question was put that the amendments set out on Supplementary Order Paper 10 in the name of the Hon Mark Burton to Part 3 be agreed to.

Amendments agreed to.

Part 3 as amended agreed to.

Part 4 New Zealand Law Society