Collins Judith: Lawyers and Conveyancers Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Collins Judith: Lawyers and Conveyancers Amendment Bill — Second Reading 
[Sitting date: 25 September 2012. Volume:684;Page:5601. Text is incorporated into the Bound Volume.] 
Hon JUDITH COLLINS (Minister of Justice) 
: 
 I move  
That the Lawyers and Conveyancers Amendment Bill be now read a second time 
. I thank the Justice and Electoral Committee for its careful consideration of the Lawyers and Conveyancers Amendment Bill. The committee recommends that the bill be passed with amendments. I consider that the recommendations proposed by the committee clarify the intent of the bill and will improve its implementation. The bill restores the title of Queen’s Counsel to the office currently known as Senior Counsel and in general restricts eligibility to that rank to barristers in sole practice. The bill also makes some minor amendments to enhance the functioning of the Lawyers and Conveyancers Act 2006. 
The committee received and heard six submissions from professional organisations interested groups and individuals. The majority of submissions commented on the Queen’s Counsel provisions. The main issues raised in submissions related to reinstating the title of Queen’s Counsel the restrictions on eligibility and the mode of practice once appointed. Restoring and protecting the independence of Queen’s Counsel in New Zealand reflects the public purpose and status of the position. It identifies leading advocates in New Zealand and provides official recognition of excellence. The bill also places practice restrictions on Queen’s Counsel. Once appointed to the rank Queen’s Counsel will be required to continue to practise independently. The restriction on practice is to ensure that Queen’s Counsel are able to independently advise and represent their clients without the pressure and conflicts of interest that arise more often when working in a partnership or incorporated firm. 
The bill contains savings and transitional provisions in relation to practice arrangements entered into by Senior Counsel and Queen’s Counsel between August 2008 and the commencement of these provisions which is planned for 3 December 2012. The bill clarifies that any practice arrangements entered into by Senior Counsel and Queen’s Counsel during this period will be unaffected by the new provisions. The right to title and to retain the practice arrangements entered into during this period remains for those appointments. The bill also preserves the Governor-General’s power to appoint other lawyers as Queen’s Counsel in recognition of extraordinary contributions to the field of law. 
The committee has recommended some technical amendments to the provisions relating to Queen’s Counsel to more accurately reflect the policy intentions of the bill. I thank the committee for its excellent work in analysing these provisions and for its recommendations to ensure that the policy intent of the legislation is clear and unambiguous. I support the committee’s recommendations. The bill also allows a qualifying trust to be a non-voting shareholder in an incorporated law firm or incorporated conveyancing firm. This arrangement will avoid the need for a proliferation of relatives having to hold shares in their own right. It will also enable children and grandchildren who are minors to benefit from income through distributions from the trust. 
The select committee has recommended one minor amendment to clarify the definition of a qualifying trust to make it clear that any one or more or all trustees could hold their shares in the firm as trustees of a qualifying trust. I support the select committee’s recommendations. I also intend to table a Supplementary Order Paper at the bill’s Committee stage proposing further minor amendments to the bill. Once again I thank the members of the Justice and Electoral Committee for their careful and thoughtful consideration of the bill. I commend the Lawyers and Conveyancers Amendment Bill to the House.